WTO Dispute Settlement Proceeding Regarding United States-Definitive Anti-Dumping and Countervailing Duties on Certain Products From China, 67214-67215 [E8-26978]

Download as PDF 67214 Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. mstockstill on PROD1PC66 with NOTICES Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at http://www.nrc.gov/ reading-rm/adams.html. From this site, you can access the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The documents related to this action are listed below, along with their ADAMS accession numbers. 1. NUREG–1757, ‘‘Consolidated NMSS Decommissioning Guidance;’’ 2. Title 10 Code of Federal Regulations, Part 20, Subpart E, ‘‘Radiological Criteria for License Termination;’’ 3. Title 10, Code of Federal Regulations, Part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;’’ 4. Defense Logistics Agency letter dated February 27, 2008 (ML080860268); 5. Site-Specific Derived Concentration Guideline Levels for Soils, Defense National Stockpile Center, New Haven Depot, New Haven, Indiana (ML082630683); and 6. Appendix A & B for Site-Specific Derived Concentration Guideline Levels for Soils, Defense National Stockpile Center, New Haven Depot, New Haven, Indiana (ML082390288). If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC’s PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Region I, 475 Allendale Road, King of Prussia. PA this 4th day of November 2008. For the Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E8–26982 Filed 11–12–08; 8:45 am] BILLING CODE 7590–01–P 17:13 Nov 12, 2008 PPL BELL Bend, LLC; Notice of Receipt and Availability of Application for a Combined License For the Nuclear Regulatory Commission. Michael A. Canova, Project Manager, U.S. EPR Projects Branch, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. E8–26980 Filed 11–12–08; 8:45 am] BILLING CODE 7590–01–P IV. Further Information VerDate Aug<31>2005 NUCLEAR REGULATORY COMMISSION Jkt 217001 On October 10, 2008, PPL Bell Bend LLC (PPL) filed with the Nuclear Regulatory Commission (NRC, the Commission) pursuant to Section 103 of the Atomic Energy Act and Title 10 of the Code of Federal Regulations (10 CFR) Part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants,’’ an application for a combined license (COL) for an evolutionary power reactor (US EPR) nuclear power plant at their Berwick site (adjacent to the Susquehanna Steam Electric Station) in Luzerne County, Pennsylvania. The reactor is to be identified as the Bell Bend Nuclear Power Plant. An applicant may seek a COL in accordance with Subpart C of 10 CFR Part 52. The information submitted by the applicant includes certain administrative information such as financial qualifications submitted pursuant to 10 CFR 52.77, as well as technical information submitted pursuant to 10 CFR 52.79. Subsequent Federal Register notices will address the acceptability of the tendered COL application for docketing and provisions for participation of the public in the COL review process. A copy of the application is available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, and via the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/ reading-rm/adams.html. The accession number for the application letter is ML082880580. Future publicly available documents related to the application will also be posted in ADAMS. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC Public Document Room staff by telephone at 1–800–397–4209 or 301–415–4737, or by e-mail to PDR.Resource@nrc.gov. The application is also available at http://www.nrc.gov/ reactors/new-reactors/col.html. Dated at Rockville, Maryland, this 24th day of October 2008. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS379] WTO Dispute Settlement Proceeding Regarding United States—Definitive Anti-Dumping and Countervailing Duties on Certain Products From China 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 September 19, 2008, the People’s Republic of China (‘‘China’’) requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’) concerning final anti-dumping and countervailing duty determinations and orders by the Department of Commerce on imports of the following products from China: Circular Welded Carbon Quality Steel Pipe (Investigations A– 570–910 and C–570–911); Certain New Pneumatic Off-the-Road Tires (Investigations A–570–912 and C–570– 913); Light-Walled Rectangular Pipe and Tube (Investigations A–570–914 and C– 570–915); and Laminated Woven Sacks (Investigations A–570–916 and C–570– 917). That request may be found at www.wto.org contained in a document designated as WT/DS379/1. USTR invites written comments from the public concerning the issues raised in this dispute. DATES: Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before December 12, 2008 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted (i) electronically to www.regulations.gov, docket number USTR–2008–0035, or (ii) by fax, to Sandy McKinzy at (202) 395–3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Arun Venkataraman, Associate General Counsel, Office of the United States E:\FR\FM\13NON1.SGM 13NON1 Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices Major Issues Raised by China Department of Commerce’s use of a nonmarket economy (NME) methodology for the purpose of determining the existence and amount of alleged dumping under Article VI of the GATT 1994 and the AD Agreement, simultaneously with the determination of subsidization and imposition of countervailing duties on the same subject merchandise. Finally, China alleges actions inconsistent with the Anti-Dumping Agreement and the SCM Agreement in connection with the Department of Commerce’s conduct of the underlying anti-dumping and countervailing duty investigations, including its failure to inform interested parties of certain issues and the use of adverse inferences and facts available. On September 19, 2008, China requested consultations regarding the Department of Commerce’s final antidumping and countervailing duty determinations and orders regarding the following products from China: Circular Welded Carbon Quality Steel Pipe (Investigations A–570–910 and C–570– 911); Certain New Pneumatic Off-theRoad Tires (Investigations A–570–912 and C–570–913); Light-Walled Rectangular Pipe and Tube (Investigations A–570–914 and C–570– 915); and Laminated Woven Sacks (Investigations A–570–916 and C–570– 917). These final determinations and orders are available at the following Web pages of the Department of Commerce: http://ia.ita.doc.gov/frn/ 0806frn/index.html#CHINA, http://ia. ita.doc.gov/frn/0807frn/index.html# CHINA, http://ia.ita.doc.gov/–frn/ 0808frn/index.html#CHINA, http://ia. ita.doc.gov/frn/0809frn/index.html# CHINA. With respect to certain of the aforementioned determinations, China alleges that the Department of Commerce acted inconsistently with particular provisions of the General Agreement on Tariffs and Trade 1994, WTO Agreement on Anti-Dumping (‘‘Anti-Dumping Agreement’’), and Agreement on Subsidies and Countervailing Measures (‘‘SCM Agreement’’) when it (i) erroneously concluded that certain State-owned enterprises are ‘‘public bodies,’’ (ii) failed to determine whether such enterprises had been ‘‘entrusted or directed’’ to provide a ‘‘financial contribution,’’ (iii) erroneously concluded that a ‘‘benefit’’ had been conferred, and (iv) failed to demonstrate ‘‘specificity.’’ China also alleges that the United States acted inconsistently with particular provisions of the AntiDumping Agreement and SCM Agreement in connection with the Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in this dispute. Persons may submit their comments either (i) electronically to www.regulations.gov, docket number USTR–2008–0035, or (ii) by fax, to Sandy McKinzy at (202) 395– 3640. For documents sent by fax, USTR requests that the submitter provide a confirmation copy to www.regulations.gov. To submit comments via www.regulations.gov, enter docket number USTR–2008–0035 on the home page and click ‘‘go’’. The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice by selecting ‘‘Notice’’ under ‘‘Document Type’’ on the left side of the searchresults page, and click on the link entitled ‘‘Send a Comment or Submission.’’ (For further information on using the www.regulations.gov Web site, please consult the resources provided on the Web site by clicking on ‘‘How to Use This Site’’ on the left side of the home page.) The www.regulations.gov site provides the option of providing comments by filling in a ‘‘General Comments’’ field, or by attaching a document. It is expected that most comments will be provided in an attached document. If a document is attached, it is sufficient to type ‘‘See attached’’ in the ‘‘General Comments’’ field. 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 submitter. Confidential business information must be clearly designated mstockstill on PROD1PC66 with NOTICES Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395– 5694. SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations have been requested pursuant to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (‘‘DSU’’). If such consultations should fail to resolve the matter and a dispute settlement panel is established pursuant to the DSU, 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. VerDate Aug<31>2005 17:13 Nov 12, 2008 Jkt 217001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 67215 as such and the submission must be marked ‘‘BUSINESS CONFIDENTIAL’’ at the top and bottom of the cover page and each succeeding page. Any comment containing business confidential information must be accompanied by a non-confidential summary of the confidential information. The non-confidential summary will be placed in the docket and open to public inspection. 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) Must provide a non-confidential summary of the information or advice. The non-confidential summary will be placed in the docket and open to public inspection. USTR will maintain a docket on this dispute settlement proceeding, accessible to the public. 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 nonconfidential submissions, or nonconfidential summaries of submissions, received from other participants in the dispute; the report of the panel; and, if applicable, the report of the Appellate Body. Comments will be placed in the docket and open to public inspection pursuant to 15 CFR 2006.13, except confidential business information exempt from public inspection in accordance with 15 CFR 2006.15 or information determined by USTR to be confidential in accordance with 19 U.S.C. 2155(g)(2). Comments may be viewed on the www.regulations.gov Web site by entering docket number USTR– 2008–0035 in the search field on the home page. Daniel Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E8–26978 Filed 11–12–08; 8:45 am] BILLING CODE 3190–W9–P E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67214-67215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26978]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS379]


WTO Dispute Settlement Proceeding Regarding United States--
Definitive Anti-Dumping and Countervailing Duties on Certain Products 
From China

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 September 19, 2008, the People's 
Republic of China (``China'') requested consultations with the United 
States under the Marrakesh Agreement Establishing the World Trade 
Organization (``WTO Agreement'') concerning final anti-dumping and 
countervailing duty determinations and orders by the Department of 
Commerce on imports of the following products from China: Circular 
Welded Carbon Quality Steel Pipe (Investigations A-570-910 and C-570-
911); Certain New Pneumatic Off-the-Road Tires (Investigations A-570-
912 and C-570-913); Light-Walled Rectangular Pipe and Tube 
(Investigations A-570-914 and C-570-915); and Laminated Woven Sacks 
(Investigations A-570-916 and C-570-917). That request may be found at 
www.wto.org contained in a document designated as WT/DS379/1. USTR 
invites written comments from the public concerning the issues raised 
in this dispute.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before December 12, 2008 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically to 
www.regulations.gov, docket number USTR-2008-0035, or (ii) by fax, to 
Sandy McKinzy at (202) 395-3640. For documents sent by fax, USTR 
requests that the submitter provide a confirmation copy to 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Arun Venkataraman, Associate General 
Counsel, Office of the United States

[[Page 67215]]

Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 
395-5694.

SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations 
have been requested pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes (``DSU''). If such 
consultations should fail to resolve the matter and a dispute 
settlement panel is established pursuant to the DSU, 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 China

    On September 19, 2008, China requested consultations regarding the 
Department of Commerce's final antidumping and countervailing duty 
determinations and orders regarding the following products from China: 
Circular Welded Carbon Quality Steel Pipe (Investigations A-570-910 and 
C-570-911); Certain New Pneumatic Off-the-Road Tires (Investigations A-
570-912 and C-570-913); Light-Walled Rectangular Pipe and Tube 
(Investigations A-570-914 and C-570-915); and Laminated Woven Sacks 
(Investigations A-570-916 and C-570-917). These final determinations 
and orders are available at the following Web pages of the Department 
of Commerce: http://ia.ita.doc.gov/frn/0806frn/index.html#CHINA, http:/
/ia.ita.doc.gov/frn/0807frn/index.html#CHINA, http://ia.ita.doc.gov/-
frn/0808frn/index.html#CHINA, http://ia.ita.doc.gov/frn/0809frn/
index.html#CHINA.
    With respect to certain of the aforementioned determinations, China 
alleges that the Department of Commerce acted inconsistently with 
particular provisions of the General Agreement on Tariffs and Trade 
1994, WTO Agreement on Anti-Dumping (``Anti-Dumping Agreement''), and 
Agreement on Subsidies and Countervailing Measures (``SCM Agreement'') 
when it (i) erroneously concluded that certain State-owned enterprises 
are ``public bodies,'' (ii) failed to determine whether such 
enterprises had been ``entrusted or directed'' to provide a ``financial 
contribution,'' (iii) erroneously concluded that a ``benefit'' had been 
conferred, and (iv) failed to demonstrate ``specificity.'' China also 
alleges that the United States acted inconsistently with particular 
provisions of the Anti-Dumping Agreement and SCM Agreement in 
connection with the Department of Commerce's use of a non-market 
economy (NME) methodology for the purpose of determining the existence 
and amount of alleged dumping under Article VI of the GATT 1994 and the 
AD Agreement, simultaneously with the determination of subsidization 
and imposition of countervailing duties on the same subject 
merchandise. Finally, China alleges actions inconsistent with the Anti-
Dumping Agreement and the SCM Agreement in connection with the 
Department of Commerce's conduct of the underlying anti-dumping and 
countervailing duty investigations, including its failure to inform 
interested parties of certain issues and the use of adverse inferences 
and facts available.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this dispute. Persons may submit their 
comments either (i) electronically to www.regulations.gov, docket 
number USTR-2008-0035, or (ii) by fax, to Sandy McKinzy at (202) 395-
3640. For documents sent by fax, USTR requests that the submitter 
provide a confirmation copy to www.regulations.gov.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2008-0035 on the home page and click ``go''. The site will provide 
a search-results page listing all documents associated with this 
docket. Find a reference to this notice by selecting ``Notice'' under 
``Document Type'' on the left side of the search-results page, and 
click on the link entitled ``Send a Comment or Submission.'' (For 
further information on using the www.regulations.gov Web site, please 
consult the resources provided on the Web site by clicking on ``How to 
Use This Site'' on the left side of the home page.)
    The www.regulations.gov site provides the option of providing 
comments by filling in a ``General Comments'' field, or by attaching a 
document. It is expected that most comments will be provided in an 
attached document. If a document is attached, it is sufficient to type 
``See attached'' in the ``General Comments'' field.
    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 submitter. 
Confidential business information must be clearly designated as such 
and the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top 
and bottom of the cover page and each succeeding page. Any comment 
containing business confidential information must be accompanied by a 
non-confidential summary of the confidential information. The non-
confidential summary will be placed in the docket and open to public 
inspection.
    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) Must provide a non-confidential summary of the information or 
advice.
    The non-confidential summary will be placed in the docket and open 
to public inspection.
    USTR will maintain a docket on this dispute settlement proceeding, 
accessible to the public. 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.
    Comments will be placed in the docket and open to public inspection 
pursuant to 15 CFR 2006.13, except confidential business information 
exempt from public inspection in accordance with 15 CFR 2006.15 or 
information determined by USTR to be confidential in accordance with 19 
U.S.C. 2155(g)(2). Comments may be viewed on the www.regulations.gov 
Web site by entering docket number USTR-2008-0035 in the search field 
on the home page.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
 [FR Doc. E8-26978 Filed 11-12-08; 8:45 am]
BILLING CODE 3190-W9-P