WTO Dispute Settlement Proceeding Regarding United States-Definitive Anti-Dumping and Countervailing Duties on Certain Products From China, 80444-80445 [E8-31170]
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Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices
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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
submitted to Sandy McKinzy at (202)
395–3640. A non-confidential summary
of the confidential information must be
submitted to www.regulations.gov. 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.
Any comment containing confidential
information must be submitted by fax. A
non-confidential summary of the
confidential information must be
submitted to www.regulations.gov. 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
VerDate Aug<31>2005
17:41 Dec 30, 2008
Jkt 217001
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 open to
public inspection may be viewed on the
www.regulations.gov Web site by
entering docket number USTR–2008–
0043 in the search field on the home
page.
Daniel Brinza,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. E8–31172 Filed 12–30–08; 8:45 am]
BILLING CODE 3190–W9–P
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 December 9,
2008, the People’s Republic of China
(‘‘China’’) requested the establishment
of a dispute settlement panel under the
Marrakesh Agreement Establishing the
World Trade Organization (‘‘WTO
Agreement’’) concerning final antidumping 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 Offthe-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/DS379/2. 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 February 20, 2009 to be assured
of timely consideration by USTR.
ADDRESSES: Public comments should be
submitted electronically to
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
www.regulations.gov, docket number
USTR–2008–0035. If you are unable to
provide submissions by
www.regulations.gov, please contact
Sandy McKinzy at (202) 395–9483 to
arrange for an alternative method of
transmission. If (as explained below) the
comment contains confidential
information, then the comment should
be submitted by fax only to Sandy
McKinzy at (202) 395–3640.
FOR FURTHER INFORMATION CONTACT:
Arun Venkataraman, Associate General
Counsel, Office of the United States
Trade Representative, 600 17th Street,
NW., Washington, DC 20508, (202) 395–
5694.
SUPPLEMENTARY INFORMATION: Section
127(b) of the Uruguay Round
Agreements Act (URAA) (19 U.S.C.
3537(b)(1)) requires that notice and
opportunity for comment be provided
after the United States submits or
receives a request for the establishment
of a WTO dispute settlement panel.
Consistent with this obligation, USTR is
providing notice that the establishment
of a dispute settlement panel has been
requested pursuant to the WTO
Understanding on Rules and Procedures
Governing the Settlement of Disputes
(‘‘DSU’’) in this dispute. If such a 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
In its December 9, 2008 panel request,
China makes a number of allegations
concerning 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: https://ia.ita.doc.gov/frn/
0806frn/#CHINA, https://
ia.ita.doc.gov/frn/0807frn/
index.html#CHINA, https://
ia.ita.doc.gov/frn/0808frn/
index.html#CHINA, https://
ia.ita.doc.gov/frn/0809frn/
index.html#CHINA.
With respect to certain of the
aforementioned determinations, China
E:\FR\FM\31DEN1.SGM
31DEN1
Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices
pwalker on PROD1PC71 with NOTICES
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 allegedly 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
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.
Public Comment: Requirements for
Submissions
Interested persons are invited to
submit written comments concerning
the issues raised in this dispute. Persons
may submit public comments
electronically to www.regulations.gov,
docket number USTR–2008–0035. If you
are unable to provide submissions by
www.regulations.gov, please contact
Sandy McKinzy at (202) 395–9483 to
arrange for an alternative method of
transmission.
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
VerDate Aug<31>2005
17:41 Dec 30, 2008
Jkt 217001
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
submitted by fax to Sandy McKinzy at
(202) 395–3640. A non-confidential
summary of the confidential
information must be submitted to
www.regulations.gov. The nonconfidential 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.
Any comment containing confidential
information must be submitted by fax. A
non-confidential summary of the
confidential information must be
submitted to www.regulations.gov. 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
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
80445
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 open to
public inspection 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. E8–31170 Filed 12–30–08; 8:45 am]
BILLING CODE 3190–W9–P
OFFICE OF PERSONNEL
MANAGEMENT
[OMB Control No. 3206–0005]
Submission for OMB Review;
Comment Request for Revised
Information Collection; Questionnaire
for Non-Sensitive Positions, Standard
Form 85 (SF 85); Questionnaire for
Public Trust Positions, Standard Form
85P (SF 85P); Supplemental
Questionnaire for Selected Positions,
Standard Form 85PS (SF 85PS);
Questionnaire for National Security
Positions, Standard Form 86 (Sf 86);
Continuation Sheet for Questionnaires
SF 85, 85P, and 86, Standard Form 86a
(Sf 86a); and Certification Statement
for SF 86 (SF 86C)
AGENCY: Office of Personnel
Management.
ACTION: Notice.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13), this notice announces that
the Office of Personnel Management
(OPM) submitted to the Office of
Management and Budget a request for
review and clearance of the revised
collection of information,
Questionnaires for National Security,
Public Trust, and Non-Sensitive
Positions (OMB Control No. 3206–
0005), which includes the following
electronic, on-line collection
instruments:
E:\FR\FM\31DEN1.SGM
31DEN1
]]>Agencies
[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Pages 80444-80445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31170]
-----------------------------------------------------------------------
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 December 9, 2008, the People's
Republic of China (``China'') requested the establishment of a dispute
settlement panel 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/DS379/2. 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 February 20, 2009 to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2008-0035. If you are unable to
provide submissions by www.regulations.gov, please contact Sandy
McKinzy at (202) 395-9483 to arrange for an alternative method of
transmission. If (as explained below) the comment contains confidential
information, then the comment should be submitted by fax only to Sandy
McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: Arun Venkataraman, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-5694.
SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round
Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and
opportunity for comment be provided after the United States submits or
receives a request for the establishment of a WTO dispute settlement
panel. Consistent with this obligation, USTR is providing notice that
the establishment of a dispute settlement panel has been requested
pursuant to the WTO Understanding on Rules and Procedures Governing the
Settlement of Disputes (``DSU'') in this dispute. If such a 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
In its December 9, 2008 panel request, China makes a number of
allegations concerning 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: https://
ia.ita.doc.gov/frn/0806frn/#CHINA, https://ia.ita.doc.gov/frn/
0807frn/#CHINA, https://ia.ita.doc.gov/frn/0808frn/
index.html#CHINA, https://ia.ita.doc.gov/frn/0809frn/#CHINA.
With respect to certain of the aforementioned determinations, China
[[Page 80445]]
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 allegedly 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 public
comments electronically to www.regulations.gov, docket number USTR-
2008-0035. If you are unable to provide submissions by
www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to
arrange for an alternative method of transmission.
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 submitted by fax
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the
confidential information must be submitted to www.regulations.gov. 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.
Any comment containing confidential information must be submitted
by fax. A non-confidential summary of the confidential information must
be submitted to www.regulations.gov. 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 open to public inspection 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. E8-31170 Filed 12-30-08; 8:45 am]
BILLING CODE 3190-W9-P
