WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Administrative Reviews and Other Measures Related to Imports of Certain Orange Juice From Brazil, 80442-80443 [E8-31171]
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80442
Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices
For the Nuclear Regulatory Commission.
Carl F. Lyon,
Project Manager, Plant Licensing Branch IV,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E8–31162 Filed 12–30–08; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS382/1]
WTO Dispute Settlement Proceeding
Regarding United States—AntiDumping Administrative Reviews and
Other Measures Related to Imports of
Certain Orange Juice From Brazil
pwalker on PROD1PC71 with NOTICES
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 November 27,
2008, Brazil requested consultations
with the United States under the
Marrakesh Agreement Establishing the
World Trade Organization (‘‘WTO
Agreement’’) concerning the
antidumping duty administrative review
on certain orange juice from Brazil
(Department of Commerce Case No. A–
351–840) and various U.S. laws,
regulations, administrative procedures,
practices, and methodologies. That
request may be found at www.wto.org
contained in a document designated as
WT/DS382/1. 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 January 26 to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be
submitted electronically to
www.regulations.gov, docket number
USTR–2008–44. 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:
Leigh Bacon, Associate General
Counsel, Office of the United States
Trade Representative, 600 17th Street,
NW., Washington, DC 20508, (202) 395–
5859.
VerDate Aug<31>2005
17:41 Dec 30, 2008
Jkt 217001
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.
SUPPLEMENTARY INFORMATION:
Major Issues Raised by Brazil
On November 27, 2008, Brazil
requested consultations regarding the
antidumping duty administrative review
on certain orange juice from Brazil,
referring in particular to the use of
‘‘zeroing’’ in that review. Brazil
challenges (1) the determination by the
Department of Commerce in Certain
Orange Juice from Brazil: Final Results
and Partial Rescission of Antidumping
Administrative Review (A–351–840), 73
FR 46584 (Aug. 11, 2008), covering the
period of August 24, 2005, through
February 28, 2007, and assessment
instructions and cash deposit
requirements issued pursuant thereto;
(2) the determinations of the
Department of Commerce in any
ongoing or future antidumping duty
administrative reviews in that case, the
final results thereof, and assessment
instructions and cash deposit
requirements issued pursuant thereto;
and (3) any actions taken by Customs
and Border Protection to collect
definitive anti-dumping duties at
assessment rates established in the
administrative reviews in that case,
including the issuance of liquidation
instructions and notices. Brazil also
challenges various U.S. laws,
regulations, administrative procedures,
practices, and methodologies: (1) The
Tariff Act of 1930, as amended, in
particular sections 736, 751, 771(35)(A)
and (B), and 777A(c) and (d) (19 U.S.C.
1673e, 1675, 1677(35)(A) and (B), and
1677f(c) and (d)); (2) the Statement of
Administrative Action accompanying
the Uruguay Round Agreements Act,
H.R. Doc. No. 103–316 (1994), reprinted
in 1994 U.S.C.C.A.N. 4040; (3)
Department of Commerce regulations set
forth in part 351 of Title 19 of the Code
of Federal Regulations, in particular
sections 351.212(b) and 351.414(c) and
(e); (4) the Import Administration
Antidumping Manual (1997 ed.),
including the computer programs
referenced therein; and (5) the use of
‘‘zeroing’’ procedures and
methodologies in antidumping
administrative reviews.
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Fmt 4703
Sfmt 4703
Brazil alleges that these laws,
regulations, administrative procedures,
practices, and methodologies are, as
such and as applied in the Department
of Commerce determinations and
actions by Customs and Border
Protection in the orange juice
administrative review, inconsistent with
Articles II, VI:1, and VI:2 of the General
Agreement on Tariffs and Trade 1994,
Articles 1, 2.1, 2.4, 2.4.2, 9.1, 9.3, 11.2,
and 18.4 of the Agreement on
Implementation of Article VI of the
General Agreement on Tariffs and Trade
1994 (the Anti-Dumping Agreement);
and Article XVI:4 of the WTO
Agreement.
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–2008–44. 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–2008–44 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
as such and the submission must be
marked ‘‘BUSINESS CONFIDENTIAL’’
E:\FR\FM\31DEN1.SGM
31DEN1
Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices
pwalker on PROD1PC71 with NOTICES
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
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.
Daniel Brinza,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. E8–31171 Filed 12–30–08; 8:45 am]
BILLING CODE 3190–W9–P
VerDate Aug<31>2005
17:41 Dec 30, 2008
Jkt 217001
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS383]
WTO Dispute Settlement Proceeding
Regarding United States—
Antidumping Measures on
Polyethylene Retail Carrier Bags From
Thailand
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 November 26,
2008, Thailand requested consultations
with the United States under the
Marrakesh Agreement Establishing the
World Trade Organization (‘‘WTO
Agreement’’) concerning certain issues
relating to the imposition of
antidumping measures on polyethylene
retail carrier bags from Thailand. That
request may be found at https://
www.wto.org contained in a document
designated as WT/DS383/1. 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, comments should be
submitted on or before January 30, 2009
to be assured of timely consideration by
USTR.
ADDRESSES: Comments should be
submitted (i) electronically to
www.regulations.gov, docket number
USTR–2008–0043. 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:
Elissa Alben, Assistant General Counsel,
Office of the United States Trade
Representative, 600 17th Street, NW.,
Washington, DC 20508, (202) 395–3150.
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
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
80443
recommendations within nine months
after it is established.
Major Issues Raised by Thailand
On November 26, 2008, Thailand
requested consultations regarding
antidumping measures on polyethylene
retail carrier bags from Thailand.
Thailand challenges the use of what it
describes as ‘‘the practice of ‘zeroing’
negative anti-dumping margins in
calculating overall weighted-average
margins of dumping’’ in the Department
of Commerce’s final and amended final
determinations and antidumping duty
order with respect to polyethylene retail
carrier bags from Thailand.1 Thailand
states that it considers this action to be
inconsistent with the obligations of the
United States under Article VI of the
General Agreement on Tariffs and Trade
1994 (‘‘GATT 1994’’), and, in particular,
under Article 2.4.2 of the Agreement on
Implementation of Article VI of the
GATT 1994.
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–2008–0043. 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–2008–0043 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
1 See Notice of Final Determination of Sales at
Less Than Fair Value: Polyethylene Retail Carrier
Bags from Thailand, 69 FR 34122 (June 18, 2004),
Notice of Amended Final Determination of Sales at
Less Than Fair Value: Polyethylene Retail Carrier
Bags from Thailand, 69 FR 42419 (July 15, 2004),
Antidumping Duty Order: Polyethylene Retail
Carrier Bags from Thailand, 69 FR 48204, 9 August
2004.
E:\FR\FM\31DEN1.SGM
31DEN1
Agencies
[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Pages 80442-80443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31171]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS382/1]
WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Administrative Reviews and Other Measures Related to Imports of
Certain Orange Juice From Brazil
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 November 27, 2008, Brazil
requested consultations with the United States under the Marrakesh
Agreement Establishing the World Trade Organization (``WTO Agreement'')
concerning the antidumping duty administrative review on certain orange
juice from Brazil (Department of Commerce Case No. A-351-840) and
various U.S. laws, regulations, administrative procedures, practices,
and methodologies. That request may be found at www.wto.org contained
in a document designated as WT/DS382/1. 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 January 26 to be assured of timely consideration
by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2008-44. 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: Leigh Bacon, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-5859.
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 Brazil
On November 27, 2008, Brazil requested consultations regarding the
antidumping duty administrative review on certain orange juice from
Brazil, referring in particular to the use of ``zeroing'' in that
review. Brazil challenges (1) the determination by the Department of
Commerce in Certain Orange Juice from Brazil: Final Results and Partial
Rescission of Antidumping Administrative Review (A-351-840), 73 FR
46584 (Aug. 11, 2008), covering the period of August 24, 2005, through
February 28, 2007, and assessment instructions and cash deposit
requirements issued pursuant thereto; (2) the determinations of the
Department of Commerce in any ongoing or future antidumping duty
administrative reviews in that case, the final results thereof, and
assessment instructions and cash deposit requirements issued pursuant
thereto; and (3) any actions taken by Customs and Border Protection to
collect definitive anti-dumping duties at assessment rates established
in the administrative reviews in that case, including the issuance of
liquidation instructions and notices. Brazil also challenges various
U.S. laws, regulations, administrative procedures, practices, and
methodologies: (1) The Tariff Act of 1930, as amended, in particular
sections 736, 751, 771(35)(A) and (B), and 777A(c) and (d) (19 U.S.C.
1673e, 1675, 1677(35)(A) and (B), and 1677f(c) and (d)); (2) the
Statement of Administrative Action accompanying the Uruguay Round
Agreements Act, H.R. Doc. No. 103-316 (1994), reprinted in 1994
U.S.C.C.A.N. 4040; (3) Department of Commerce regulations set forth in
part 351 of Title 19 of the Code of Federal Regulations, in particular
sections 351.212(b) and 351.414(c) and (e); (4) the Import
Administration Antidumping Manual (1997 ed.), including the computer
programs referenced therein; and (5) the use of ``zeroing'' procedures
and methodologies in antidumping administrative reviews.
Brazil alleges that these laws, regulations, administrative
procedures, practices, and methodologies are, as such and as applied in
the Department of Commerce determinations and actions by Customs and
Border Protection in the orange juice administrative review,
inconsistent with Articles II, VI:1, and VI:2 of the General Agreement
on Tariffs and Trade 1994, Articles 1, 2.1, 2.4, 2.4.2, 9.1, 9.3, 11.2,
and 18.4 of the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994 (the Anti-Dumping
Agreement); and Article XVI:4 of the WTO Agreement.
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-
44. 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-2008-44 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''
[[Page 80443]]
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.
Daniel Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E8-31171 Filed 12-30-08; 8:45 am]
BILLING CODE 3190-W9-P