WTO Dispute Settlement Proceeding Regarding European Communities-Tariff Treatment of Certain Information Technology Products, 54640-54642 [E8-22101]

Download as PDF sroberts on PROD1PC70 with NOTICES 54640 Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices Act provides that the President shall monitor and review annually the progress of each sub-Saharan African country in meeting the foregoing eligibility criteria in order to determine whether each beneficiary sub-Saharan African country should continue to be eligible, and whether each sub-Saharan African country that is currently not a beneficiary sub-Saharan African country, should be designated as such a country. Section 506A of the 1974 Act requires that, if the President determines that a beneficiary subSaharan African country is not making continual progress in meeting the eligibility requirements, he must terminate the designation of the country as a beneficiary sub-Saharan African country. The Subcommittee is seeking public comments in connection with the annual review of the eligibility of beneficiary sub-Saharan African countries for the AGOA’s benefits. The Subcommittee will consider any such comments in developing recommendations on country eligibility for the President. Comments related to the child labor criteria may also be considered by the Secretary of Labor in making the findings required under section 504 of the 1974 Act. The following sub-Saharan African countries were designated as beneficiary sub-Saharan African countries in 2008: Angola Republic of Benin Republic of Botswana Burkina Faso Burundi Republic of Cape Verde Republic of Cameroon Republic of Chad Federal Islamic Republic of Comoros Republic of Congo Democratic Republic of Congo Republic of Djibouti Ethiopia Gabonese Republic The Gambia Republic of Ghana Republic of Guinea Republic of Guinea-Bissau Republic of Kenya Kingdom of Lesotho Republic of Liberia Republic of Madagascar Republic of Malawi Republic of Mali Republic of Mauritius Islamic Republic of Mauritania Republic of Mozambique Republic of Namibia Republic of Niger Federal Republic of Nigeria Republic of Rwanda Sao Tome & Principe VerDate Aug<31>2005 19:11 Sep 19, 2008 Jkt 214001 Republic of Senegal Republic of Seychelles Republic of Sierra Leone Republic of South Africa Kingdom of Swaziland Republic of Togo United Republic of Tanzania Republic of Uganda Republic of Zambia The following sub-Saharan African countries were not designated as beneficiary sub-Saharan African countries in 2007: Central African Republic Republic of Cote d’Ivoire Republic of Equatorial Guinea State of Eritrea Somalia Republic of Sudan Republic of Zimbabwe Requirements for Submissions: Comments must be submitted in English. In order to facilitate the prompt processing of submissions, USTR strongly recommends that comments be set out in digital files attached to e-mails transmitted to the following address: FR0811@ustr.eop.gov. If you are unable to provide comments by e-mail, submissions should be made by facsimile as set forth above. Persons making submissions by e-mail should use the following subject line: ‘‘2008 AGOA Annual Country Review.’’ Digital files must be submitted in one of the following formats: WordPerfect (.WPD), Adobe (.PDF), MSWord (.DOC), or text (.TXT) files. Comments may not be submitted as electronic image files or contain embedded images, e.g., ‘‘.JPG’’, ‘‘.TIF’’, ‘‘.BMP’’, or ‘‘.GIF’’. Spreadsheet data may be submitted as Excel files, formatted for printing on 81⁄2 x 11 inch paper. To the extent possible, any data accompanying the submission should be included in the same file as the submission itself, and not in a separate file. The transmittal message or cover letter accompanying a submission must be set out exclusively in the digital file attached to the e-mail transmission—not in the message portion of the e-mail— and must include the sender’s name, organization name, address, telephone and fax numbers, and e-mail address. If the submission contains business confidential information that the submitter wishes to protect from public disclosure, the confidential version must be marked ‘‘BUSINESS CONFIDENTIAL’’ at the top and bottom of each page. In addition, the submission must be accompanied by a non-confidential version that indicates, with asterisks, where confidential information was redacted or deleted. The top and bottom of each page of the non-confidential version must be PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 marked either ‘‘PUBLIC VERSION’’ or ‘‘NON-CONFIDENTIAL’’. Business confidential comments that are submitted without the required markings or are not accompanied by a properly marked non-confidential version as set forth above may not be accepted or may be treated as public documents. The digital file name assigned to any business confidential version of a submission should begin with the characters ‘‘BC-’’, and the file name of the public version should begin with the characters ‘‘P-’’. The ‘‘P-’’ or ‘‘BC-’’ should be followed by the name of the submitter. Public versions of all documents relating to this review will be available for review approximately two weeks after the due date by appointment in the USTR public reading room, 1724 F Street, NW., Washington, DC. Appointments may be made Monday through Friday, from 10 a.m. to 12 noon and 1 p.m. to 4 p.m., by calling (202) 395–6186. Appointments must be scheduled at least 48 hours in advance. Carmen Suro-Bredie, Chairman, Trade Policy Staff Committee. [FR Doc. E8–22044 Filed 9–19–08; 8:45 am] BILLING CODE 3190–W8–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS375] WTO Dispute Settlement Proceeding Regarding European Communities— Tariff Treatment of Certain Information Technology Products Office of the United States Trade Representative. ACTION: Notice; request for comments. AGENCY: SUMMARY: The Office of the United States Trade Representative (‘‘USTR’’) is providing notice that on August 18, 2008, in accordance with the World Trade Organization (‘‘WTO’’) Understanding on Rules and Procedures Governing the Settlement of Disputes (‘‘DSU’’), the United States, jointly with Japan and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, requested the establishment of a dispute settlement panel regarding the tariff treatment accorded by the European Communities (‘‘EC’’) and its member States to set-top boxes with a communication function, flat panel displays, and certain multifunctional digital machines. That request may be found at www.wto.org contained in a document designated as WT/DS375/8. USTR invites written comments from E:\FR\FM\22SEN1.SGM 22SEN1 Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices the public concerning the issues raised in this dispute. DATES: Although USTR will accept any comments received during the course of the dispute, comments should be submitted on or before October 24, 2008 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted (i) electronically, to FR0809@ustr.eop.gov, with ‘‘EC Information Technology Products (DS375)’’ in the subject line, or (ii) by fax, to Sandy McKinzy at (202) 395– 3640, with a confirmation copy sent electronically to the electronic mail address above, in accordance with the requirements for submission set out below. FOR FURTHER INFORMATION CONTACT: Elissa Alben, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC, (202) 395–3150. SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing notice that the United States has requested the establishment of a WTO dispute settlement panel pursuant to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (‘‘DSU’’) to review the issues identified below. Such panel, which would hold its meetings in Geneva, Switzerland, would be expected to issue a report on its findings and recommendations within nine months after it is established. Major Issues Raised by the United States sroberts on PROD1PC70 with NOTICES The EC and its member States impose duties on set-top boxes with a communication function, flat panel displays, and certain multifunctional digital machines.1 • Set-top boxes with a communication function. On May 7, 2008, the EC published an amendment to the Explanatory Notes to the EC’s Combined Nomenclature (CN), which provides that the duty-free heading CN 8528 71 13 (‘‘set-top boxes with a communication function’’) no longer includes set-top boxes with modems of certain types (e.g., Ethernet modems) or set-top boxes which ‘‘incorporate a device performing a recording or 1 Machines which perform two or more of the functions of printing, copying, or facsimile transmission, capable of connecting to an automatic data processing machine or to a network (including devices commercially known as MFPs (multifunctional printers), other ‘‘input or output units’’ of ‘‘automatic data processing machines’’, and facsimile machines). VerDate Aug<31>2005 19:11 Sep 19, 2008 Jkt 214001 reproducing function (for example, a hard disk or DVD drive).’’ As a result of this exclusion, the EC and its member States impose a duty on these set-top boxes. In addition, the EC added an explanatory note to CN 8521 90 00 indicating that the subheading includes set-top boxes ‘‘which incorporate a device performing a recording or reproducing function (for example, a hard disk or DVD drive).’’ Products classified in CN 8521 90 00 are subject to an MFN duty of 13.9%. • Flat panel displays (including LCD, electro luminescence, plasma and other technologies). On March 31, 2005, the EC published Council Regulation (EC) No 493/2005, stating that certain flat panel displays using LCD technology that are ‘‘capable of reproducing video images from a source other than an automatic data-processing machine’’ are not covered by the Information Technology Agreement (ITA) or by the Communication on its implementation (Council Decision 97/359/EC of 24 March 1997). On April 26, 2005, the EC issued Commission Regulation (EC) No 634/2005, stating that flat panel displays with certain attributes, including DVI, would be classified in a dutiable tariff line. On December 29, 2005, the EC published Commission Regulation (EC) No 2171/2005, which also provided that certain flat panel displays would be classified in a dutiable tariff line if they had certain attributes, including DVI. On December 30, 2006, the EC published amendments to the Explanatory Notes to accompany CN 8471 60 80 and 8528 21 90. Like the regulations, the Explanatory Notes provide that flat panel displays with certain attributes, such as DVI, may not be classified in the duty-free tariff line 8471 60 80 and would be classified in a dutiable tariff line. EC member States assess duties on flat panel displays. Furthermore, while the EC has temporarily suspended the collection of duties on some flat panel displays, it appears to fail to accord tariff treatment that is no less favorable than that provided for in its Schedule. • Multifunctional digital machines. In 1999, the EC published Commission Regulation (EC) No 517/99, which provided that certain ‘‘output units’’ would be classified in a tariff line with a 6% MFN duty. On March 9, 2006, the EC published Commission Regulation (EC) No 400/2006, which classified certain ‘‘output units’’ or facsimile machines, under CN subheading 9009 12 00, as indirect process electrostatic photocopiers. The EC Customs Code Committee also issued a statement indicating that ‘‘if a multifunctional device (fax, printer, scanner, copier) has PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 54641 the capability of photocopying in black and white 12 or more pages per minute (A4 format) this indicates that the product is classifiable in heading 9009 as a photocopying apparatus.’’ Consistent with that statement, on October 31, 2006, the EC published Commission Regulation (EC) No 1549/ 2006, which provides that certain ‘‘output units’’ or facsimile machines capable of copying more than 12 monochrome pages per minute are classified in a dutiable tariff line. EC member States assess duties on certain ‘‘input or output units’’ and facsimile machines. These measures appear to USTR to be inconsistent with the EC’s obligations under Articles II:1(a) and II:1(b) of the General Agreement on Tariffs and Trade 1994 (‘‘GATT 1994’’) and its Schedule and with the member States’ obligations under Articles II:1(a) and II:1(b) of the GATT 1994 and their Schedules, and they appear to nullify or impair benefits accruing to the United States under the GATT 1994. In addition, with respect to set-top boxes, the Tariff and Statistical Nomenclature Section of the Customs Code Committee delivered favorable opinions with respect to the proposed amendments to the Explanatory Notes contained in 2008/C 112/03 in October 2006 and May 2007, respectively. It did not publish the amended explanatory notes in the EC Official Journal until May 7, 2008. Furthermore, member States were applying duties to set-top boxes using the approach specified in 2008/C 112/03 prior to May 7, 2008. These actions appear to USTR to be inconsistent with the EC’s obligations under GATT 1994 Articles X:1 and X:2. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in the dispute. Comments should be submitted (i) electronically, to FR0809@ustr.eop.gov, with ‘‘EC Information Technology Products (DS375)’’ in the subject line, or (ii) by fax, to Sandy McKinzy at (202) 395–3640, with a confirmation copy sent electronically to the electronic mail address above. USTR encourages the submission of documents in Adobe PDF format as attachments to an electronic mail. Interested persons who make submissions by electronic mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. Similarly, to the extent possible, any attachments to the submission should be included in the E:\FR\FM\22SEN1.SGM 22SEN1 sroberts on PROD1PC70 with NOTICES 54642 Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices same file as the submission itself, and not as separate files. Comments must be in English. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the commenter. Confidential business information must be clearly designated as such and ‘‘BUSINESS CONFIDENTIAL’’ must be marked at the top and bottom of the cover page and each succeeding page. Persons who submit confidential business information are encouraged also to provide a non-confidential summary of the information. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter— (1) Must clearly so designate the information or advice; (2) Must clearly mark the material as ‘‘SUBMITTED IN CONFIDENCE’’ at the top and bottom of the cover page and each succeeding page; and (3) Is encouraged to provide a nonconfidential summary of the information or advice. USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, which is located at 1724 F Street, NW., Washington, DC 20508. The public file will include nonconfidential comments received by USTR from the public with respect to the dispute; if a dispute settlement panel is convened or in the event of an appeal from such a panel, the U.S. submissions, any non-confidential submissions, or non-confidential summaries of submissions, received from other participants in the dispute; the report of the panel; and, if applicable, the report of the Appellate Body. The USTR Reading Room is open to the public, by appointment only, from 10 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. An appointment to review the public file (Docket WTO/DS–375, EC Information Technology Products Dispute) may be VerDate Aug<31>2005 19:11 Sep 19, 2008 Jkt 214001 Proposed Information Collection; Request for Comments on an Existing Information Collection Comments on this proposal should be received within 60 calendar days of the date of this publication. ADDRESSES: Send or deliver comments to— Ronald W. Melton, Deputy Assistant Director, Retirement Services Program, Center for Retirement and Insurance Services, U.S. Office of Personnel Management, 1900 E Street, NW., Room 3305, Washington, DC 20415–3500. For Information Regarding Administrative Coordination— Contact: Cyrus S. Benson, Team Leader, Publications Team, RIS Support Services/Support Group, U.S. Office of Personnel Management, 1900 E Street, NW., Room 4H28, Washington, DC 20415, (202) 606–0623. Office of Personnel Management. ACTION: Notice. U.S. Office of Personnel Management. Howard Weizmann, Deputy Director. [FR Doc. E8–22111 Filed 9–19–08; 8:45 am] made by calling the USTR Reading Room at (202) 395–6186. Daniel Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E8–22101 Filed 9–19–08; 8:45 am] BILLING CODE 3190–W8–P OFFICE OF PERSONNEL MANAGEMENT [OMB Control No. 3206–0017; Form RI 78– 11] AGENCY: SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for review of an existing information collection. This information collection, ‘‘Medicare Part B Certification’’ (OMB Control No. 3206–0017; Form RI 78–11), collects information from annuitants, their spouses, and survivor annuitants to determine their eligibility under the Retired Federal Employees Health Benefits Program for a Government contribution toward the cost of Part B of Medicare. Comments are particularly invited on whether this collection of information is necessary for the proper performance of functions of the Office of Personnel Management, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Approximately 100 RI 78–11 forms are completed annually. Each form requires approximately 10 minutes to complete. The annual estimated burden is 17 hours. For copies of this proposal, contact Margaret A. Miller by telephone at (202) 606–2699, by FAX (202) 418–3251, or by e-mail to Margaret.Miller@opm.gov. Please include a mailing address with your request. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 DATES: BILLING CODE 6325–38–P OFFICE OF PERSONNEL MANAGEMENT [OMB Control No. 3206–0168; Form RI 20– 80] Proposed Information Collection; Request for Comments on an Existing Information Collection Office of Personnel Management. ACTION: Notice. AGENCY: SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for comments on an existing information collection. This information collection, ‘‘Alternative Annuity Election’’ (OMB Control No. 3206–0168; form RI 20–80), is used for individuals who are eligible to elect whether to receive a reduced annuity and a lump-sum payment equal to their retirement contributions (alternative form of annuity) or an unreduced annuity and no lump sum. Comments are particularly invited on whether this collection of information is necessary for the proper performance of functions of the Office of Personnel Management, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and ways in which we can minimize the burden of the collection of information on those who are to respond through the E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 73, Number 184 (Monday, September 22, 2008)]
[Notices]
[Pages 54640-54642]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22101]


-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS375]


WTO Dispute Settlement Proceeding Regarding European 
Communities--Tariff Treatment of Certain Information Technology 
Products

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that on August 18, 2008, in accordance 
with the World Trade Organization (``WTO'') Understanding on Rules and 
Procedures Governing the Settlement of Disputes (``DSU''), the United 
States, jointly with Japan and the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu, requested the establishment of a 
dispute settlement panel regarding the tariff treatment accorded by the 
European Communities (``EC'') and its member States to set-top boxes 
with a communication function, flat panel displays, and certain 
multifunctional digital machines. That request may be found at 
www.wto.org contained in a document designated as WT/DS375/8. USTR 
invites written comments from

[[Page 54641]]

the public concerning the issues raised in this dispute.

DATES: Although USTR will accept any comments received during the 
course of the dispute, comments should be submitted on or before 
October 24, 2008 to be assured of timely consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
FR0809@ustr.eop.gov, with ``EC Information Technology Products 
(DS375)'' in the subject line, or (ii) by fax, to Sandy McKinzy at 
(202) 395-3640, with a confirmation copy sent electronically to the 
electronic mail address above, in accordance with the requirements for 
submission set out below.

FOR FURTHER INFORMATION CONTACT: Elissa Alben, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC, (202) 395-3150.

SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay 
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing 
notice that the United States has requested the establishment of a WTO 
dispute settlement panel pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes (``DSU'') to review the 
issues identified below. Such panel, which would hold its meetings in 
Geneva, Switzerland, would be expected to issue a report on its 
findings and recommendations within nine months after it is 
established.

Major Issues Raised by the United States

    The EC and its member States impose duties on set-top boxes with a 
communication function, flat panel displays, and certain 
multifunctional digital machines.\1\
---------------------------------------------------------------------------

    \1\ Machines which perform two or more of the functions of 
printing, copying, or facsimile transmission, capable of connecting 
to an automatic data processing machine or to a network (including 
devices commercially known as MFPs (multifunctional printers), other 
``input or output units'' of ``automatic data processing machines'', 
and facsimile machines).
---------------------------------------------------------------------------

     Set-top boxes with a communication function. On May 7, 
2008, the EC published an amendment to the Explanatory Notes to the 
EC's Combined Nomenclature (CN), which provides that the duty-free 
heading CN 8528 71 13 (``set-top boxes with a communication function'') 
no longer includes set-top boxes with modems of certain types (e.g., 
Ethernet modems) or set-top boxes which ``incorporate a device 
performing a recording or reproducing function (for example, a hard 
disk or DVD drive).'' As a result of this exclusion, the EC and its 
member States impose a duty on these set-top boxes. In addition, the EC 
added an explanatory note to CN 8521 90 00 indicating that the 
subheading includes set-top boxes ``which incorporate a device 
performing a recording or reproducing function (for example, a hard 
disk or DVD drive).'' Products classified in CN 8521 90 00 are subject 
to an MFN duty of 13.9%.
     Flat panel displays (including LCD, electro luminescence, 
plasma and other technologies). On March 31, 2005, the EC published 
Council Regulation (EC) No 493/2005, stating that certain flat panel 
displays using LCD technology that are ``capable of reproducing video 
images from a source other than an automatic data-processing machine'' 
are not covered by the Information Technology Agreement (ITA) or by the 
Communication on its implementation (Council Decision 97/359/EC of 24 
March 1997). On April 26, 2005, the EC issued Commission Regulation 
(EC) No 634/2005, stating that flat panel displays with certain 
attributes, including DVI, would be classified in a dutiable tariff 
line. On December 29, 2005, the EC published Commission Regulation (EC) 
No 2171/2005, which also provided that certain flat panel displays 
would be classified in a dutiable tariff line if they had certain 
attributes, including DVI. On December 30, 2006, the EC published 
amendments to the Explanatory Notes to accompany CN 8471 60 80 and 8528 
21 90. Like the regulations, the Explanatory Notes provide that flat 
panel displays with certain attributes, such as DVI, may not be 
classified in the duty-free tariff line 8471 60 80 and would be 
classified in a dutiable tariff line. EC member States assess duties on 
flat panel displays. Furthermore, while the EC has temporarily 
suspended the collection of duties on some flat panel displays, it 
appears to fail to accord tariff treatment that is no less favorable 
than that provided for in its Schedule.
     Multifunctional digital machines. In 1999, the EC 
published Commission Regulation (EC) No 517/99, which provided that 
certain ``output units'' would be classified in a tariff line with a 6% 
MFN duty. On March 9, 2006, the EC published Commission Regulation (EC) 
No 400/2006, which classified certain ``output units'' or facsimile 
machines, under CN subheading 9009 12 00, as indirect process 
electrostatic photocopiers. The EC Customs Code Committee also issued a 
statement indicating that ``if a multifunctional device (fax, printer, 
scanner, copier) has the capability of photocopying in black and white 
12 or more pages per minute (A4 format) this indicates that the product 
is classifiable in heading 9009 as a photocopying apparatus.'' 
Consistent with that statement, on October 31, 2006, the EC published 
Commission Regulation (EC) No 1549/2006, which provides that certain 
``output units'' or facsimile machines capable of copying more than 12 
monochrome pages per minute are classified in a dutiable tariff line. 
EC member States assess duties on certain ``input or output units'' and 
facsimile machines.
    These measures appear to USTR to be inconsistent with the EC's 
obligations under Articles II:1(a) and II:1(b) of the General Agreement 
on Tariffs and Trade 1994 (``GATT 1994'') and its Schedule and with the 
member States' obligations under Articles II:1(a) and II:1(b) of the 
GATT 1994 and their Schedules, and they appear to nullify or impair 
benefits accruing to the United States under the GATT 1994.
    In addition, with respect to set-top boxes, the Tariff and 
Statistical Nomenclature Section of the Customs Code Committee 
delivered favorable opinions with respect to the proposed amendments to 
the Explanatory Notes contained in 2008/C 112/03 in October 2006 and 
May 2007, respectively. It did not publish the amended explanatory 
notes in the EC Official Journal until May 7, 2008. Furthermore, member 
States were applying duties to set-top boxes using the approach 
specified in 2008/C 112/03 prior to May 7, 2008. These actions appear 
to USTR to be inconsistent with the EC's obligations under GATT 1994 
Articles X:1 and X:2.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. Comments should be 
submitted (i) electronically, to FR0809@ustr.eop.gov, with ``EC 
Information Technology Products (DS375)'' in the subject line, or (ii) 
by fax, to Sandy McKinzy at (202) 395-3640, with a confirmation copy 
sent electronically to the electronic mail address above.
    USTR encourages the submission of documents in Adobe PDF format as 
attachments to an electronic mail. Interested persons who make 
submissions by electronic mail should not provide separate cover 
letters; information that might appear in a cover letter should be 
included in the submission itself. Similarly, to the extent possible, 
any attachments to the submission should be included in the

[[Page 54642]]

same file as the submission itself, and not as separate files.
    Comments must be in English. A person requesting that information 
contained in a comment submitted by that person be treated as 
confidential business information must certify that such information is 
business confidential and would not customarily be released to the 
public by the commenter. Confidential business information must be 
clearly designated as such and ``BUSINESS CONFIDENTIAL'' must be marked 
at the top and bottom of the cover page and each succeeding page. 
Persons who submit confidential business information are encouraged 
also to provide a non-confidential summary of the information.
    Information or advice contained in a comment submitted, other than 
business confidential information, may be determined by USTR to be 
confidential in accordance with section 135(g)(2) of the Trade Act of 
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information 
or advice may qualify as such, the submitter--
    (1) Must clearly so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
at the top and bottom of the cover page and each succeeding page; and
    (3) Is encouraged to provide a non-confidential summary of the 
information or advice.
    USTR will maintain a file on this dispute settlement proceeding, 
accessible to the public, in the USTR Reading Room, which is located at 
1724 F Street, NW., Washington, DC 20508. The public file will include 
non-confidential comments received by USTR from the public with respect 
to the dispute; if a dispute settlement panel is convened or in the 
event of an appeal from such a panel, the U.S. submissions, any non-
confidential submissions, or non-confidential summaries of submissions, 
received from other participants in the dispute; the report of the 
panel; and, if applicable, the report of the Appellate Body. The USTR 
Reading Room is open to the public, by appointment only, from 10 a.m. 
to noon and 1 p.m. to 4 p.m., Monday through Friday. An appointment to 
review the public file (Docket WTO/DS-375, EC Information Technology 
Products Dispute) may be made by calling the USTR Reading Room at (202) 
395-6186.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. E8-22101 Filed 9-19-08; 8:45 am]
BILLING CODE 3190-W8-P