WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Various Raw Materials, 32217-32219 [E9-15861]
Download as PDF
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices
result, Rules 5000, 5100, 5400, 5500,
5600, 5700, 5800, and 5900 will be
renumbered as 5001, 5101, 5401, 5501,
5601, 5701, 5801, and 5901 respectively.
2. Statutory Basis
Nasdaq believes that the proposed
rule change is consistent with the
provisions of Section 6 of the Act,4 in
general and with Section 6(b)(5) of the
Act,5 in particular in that it is designed
to prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in regulating, clearing,
settling, processing information with
respect to, and facilitating transactions
in securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest. The
proposed rule change is designed to
bring consistency to the numbering and
structure of certain rules, and to
conform certain other rules to
conventions already applied to other
New Listing Rules. In addition, the
proposed rule change corrects certain
typographical errors inadvertently
included when adopting the New
Listing Rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Nasdaq does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
Because the foregoing proposed rule
change: (1) Does not significantly affect
the protection of investors or the public
interest; (2) does not impose any
significant burden on competition; and
(3) by its terms does not become
operative for 30 days after the date of
this filing, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest, the proposed rule
change has become effective pursuant to
Section 19(b)(3)(A) 6 of the Act and
U.S.C. 78f.
5 15 U.S.C. 78f(b)(5).
6 15 U.S.C. 78s(b)(3)(A).
VerDate Nov<24>2008
14:45 Jul 06, 2009
Jkt 217001
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
4 15
subparagraph (f)(6) of Rule 19b–4 7
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 8 normally does not
become operative for 30 days after the
date of filing. However, Rule 19b–
4(f)(6)(iii),9 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange requests that the Commission
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing. The
Commission believes that waiving the
30-day operative delay will benefit the
market and investors by making
technical changes to conform the
presentation of certain rules to be
consistent to the conventions used in
the New Listing Rules and correcting
minor typographical errors, which
should help to avoid confusion among
Nasdaq’s members and other market
participants. For these reasons, the
Commission designates the proposed
rule change as operative upon filing.10
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2009–052 on the
subject line.
7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
provide the Commission with written notice of its
intent to file the proposed rule change, along with
a brief description and text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
8 17 CFR 240.19b–4(f)(6).
9 17 CFR 240.19b–4(f)(6)(iii).
10 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition
and capital formation. 15 U.S.C. 78(c)(f).
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
32217
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2009–052. This
file number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of the filing also will be available
for inspection and copying at the
principal office of the Exchange. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–NASDAQ–2009–052 and
should be submitted on or before July
28, 2009.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–15904 Filed 7–6–09; 8:45 am]
BILLING CODE 8010–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS394]
WTO Dispute Settlement Proceeding
Regarding China—Measures Related
to the Exportation of Various Raw
Materials
AGENCY: Office of the United States
Trade Representative.
11 17
E:\FR\FM\07JYN1.SGM
CFR 200.30–3(a)(12).
07JYN1
32218
ACTION:
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices
Notice; request for comments.
SUMMARY: The Office of the United
States Trade Representative (‘‘USTR’’) is
providing notice that on June 23, 2009,
in accordance with the Marrakesh
Agreement Establishing the World
Trade Organization (‘‘WTO
Agreement’’), the United States
requested consultations regarding
restraints on the export from China of
various forms of bauxite, coke,
fluorspar, magnesium, manganese,
silicon carbide, silicon metal, yellow
phosphorus, and zinc (the ‘‘materials’’).
That request may be found at https://
www.wto.org contained in a document
designated as WT/DS394/1. 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 July 31, 2009 to be assured of
timely consideration by USTR.
ADDRESSES: Comments should be
submitted electronically to https://
www.regulations.gov, docket number
USTR–2009–0016. If you are unable to
provide submissions by https://
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:
Shubha Sastry, Assistant General
Counsel, or Katherine Tai, Associate
General Counsel, Office of the United
States Trade Representative, 600 17th
Street, NW., Washington, DC 20508,
(202) 395–6139 or (202) 395–9589.
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 six to nine
months after it is established.
Major Issues Raised by the United
States
On June 23, 2009, the United States
requested consultations regarding
China’s restraints on the export from
China of various forms of bauxite
VerDate Nov<24>2008
14:45 Jul 06, 2009
Jkt 217001
(‘‘bauxite’’ includes but is not limited to
items falling under the following HS
numbers, as listed in Attachment 1 of
Notice ‘‘2009 Export Licensing
Management Commodities List’’
(Ministry of Commerce and General
Administration of Customs, Notice
(2008) No. 100, January 1, 2009) (‘‘2009
Export Licensing List’’) and/or Table 7
of Notice Regarding the 2009 Tariff
Implementation Program (State Council
Tariff Policy Commission, shuiweihui
(2008) No. 40, January 1, 2009) (‘‘2009
Export Duty List’’): 2508300000/
25083000, 2606000000/26060000,
26204000), coke (‘‘coke’’ includes but is
not limited to items falling under the
following HS numbers, as listed in the
2009 Export Licensing List and/or the
2009 Export Duty List: 2704001000/
27040010), fluorspar (‘‘fluorspar’’
includes but is not limited to items
falling under the following HS numbers,
as listed in the 2009 Export Licensing
List and/or the 2009 Export Duty List:
2529210000/25292100, 2529220000/
25292200), magnesium (‘‘magnesium’’
includes but is not limited to items
falling under the following HS numbers,
as listed in the 2009 Export Licensing
List and/or the 2009 Export Duty List:
81041100, 81041900, 81042000),
manganese (‘‘manganese’’ includes but
is not limited to items falling under the
following HS numbers, as listed in the
2009 Export Licensing List and/or the
2009 Export Duty List: 26020000,
8111001010/81110010, 8111001090/
81110010), silicon carbide (‘‘silicon
carbide’’ includes but is not limited to
items falling under the following HS
numbers, as listed in the 2009 Export
Licensing List and/or the 2009 Export
Duty List: 2849200000, 3824909910),
silicon metal (‘‘silicon metal’’ includes
but is not limited to items falling under
the following HS numbers, as listed in
the 2009 Export Licensing List and/or
the 2009 Export Duty List: 28046900),
yellow phosphorus (‘‘yellow
phosphorus’’ includes but is not limited
to items falling under the following HS
numbers, as listed in the 2009 Export
Licensing List and/or the 2009 Export
Duty List: 28047010), and zinc (‘‘zinc’’
includes but is not limited to items
falling under the following HS numbers,
as listed in the 2009 Export Licensing
List and/or the 2009 Export Duty List:
2608000001/26080000, 2608000090/
26080000, 7901119000/79011190,
7901120000/79011200, 7901200000/
79012000, 79020000, 26201100,
26201900).
These restraints include: Quantitative
restrictions on the export of bauxite,
coke, fluorspar, silicon carbide, and
zinc; export duties on bauxite, coke,
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
fluorspar, magnesium, manganese,
silicon metal, yellow phosphorus, and
zinc; additional requirements and
procedures (administered through
China’s ministries and other
organizations under the State Council as
well as chambers of commerce) in
connection with the export of the
materials, including, but not limited to,
restricting the right to export based on,
for example, prior export experience,
establishing criteria that foreigninvested enterprises must satisfy in
order to export that are different from
those that domestic entities must satisfy,
and requiring exporters to pay fees; and
a minimum export price system for the
materials and requiring the examination
and approval of export contracts and
export prices (administered through
China’s ministries and other
organizations under the State Council as
well as chambers of commerce).
USTR believes that these export
restraints are inconsistent with China’s
obligations under Articles VIII, X, and
XI of the General Agreement on Tariffs
and Trade 1994; paragraphs 5.1, 5.2,
8.2, and 11.3 of Part I of the Protocol on
the Accession of the People’s Republic
of China (‘‘Accession Protocol’’); and
the provisions of paragraph 1.2 of Part
I of the Accession Protocol (which
incorporates commitments in
paragraphs 83, 84, 162, and 165 of the
Report of the Working Party on the
Accession of China).
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 https://
www.regulations.gov, docket number
USTR–2009–0016. If you are unable to
provide submissions by https://
www.regulations.gov, please contact
Sandy McKinzy at (202) 395–9483 to
arrange for an alternative method of
transmission.
To submit comments via https://
www.regulations.gov, enter docket
number USTR–2009–0016 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 https://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.)
E:\FR\FM\07JYN1.SGM
07JYN1
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices
The https://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
https://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 to
Sandy McKinzy at (202) 395–3640. A
non-confidential summary of the
confidential information must be
submitted to https://www.regulations.gov
or by fax. 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 non-
VerDate Nov<24>2008
14:45 Jul 06, 2009
Jkt 217001
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
https://www.regulations.gov Web site.
Daniel Brinza,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. E9–15861 Filed 7–6–09; 8:45 am]
BILLING CODE 3190–W9–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Buy America Waiver Notification
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Notice.
SUMMARY: This notice provides
information regarding the FHWA’s
finding that a Buy America waiver is
appropriate for the use of foreign U–69
guard bars, Manganese Castings,
Turnout braces, and weld kits in the
Federal-aid construction project for the
CREATE Project in Illinois.
DATES: The effective date of the waiver
is July 8, 2009.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, please
contact Mr. Gerald Yakowenko, FHWA
Office of Program Administration, (202)
366–1562, or via e-mail at
gerald.yakowenko@dot.gov. For legal
questions, please contact Mr. Michael
Harkins, FHWA Office of the Chief
Counsel, (202) 366–4928, or via e-mail
at michael.harkins@dot.gov. Office
hours for the FHWA are from 7:45 a.m.
to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document
may be downloaded from the Federal
Register’s home page at: https://
www.archives.gov and the Government
Printing Office’s database at: https://
www.access.gpo.gov/nara.
Background
The FHWA’s Buy America regulations
in 23 CFR 635.410 require a domestic
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
32219
manufacturing process for any steel or
iron products (including protective
coatings) that are permanently
incorporated in a Federal-aid
construction project. The regulation also
provides for a waiver of the Buy
America requirements when the
application of such requirements would
be inconsistent with the public interest
or when satisfactory quality domestic
steel and iron products are not
sufficiently available. This notice
provides information regarding the
FHWA’s finding that a Buy America
waiver is appropriate for the U–69 guard
bars, Manganese Castings, Turnout
braces, and weld kits for the CREATE
project in Illinois.
In accordance with Division I, section
126 of the ‘‘Omnibus Appropriations
Act, 2009’’ (Pub. L. 111–8), the FHWA
published a notice of intent to issue a
waiver on its Web site for the U–69
guard bars, Manganese Castings,
Turnout braces, and weld kits (https://
www.fhwa.dot.gov/construction/
contracts/waivers.cfm?id=33) on May
20th. The FHWA received no comments
in response to this notice, which
suggested that the U–69 guard bars,
Manganese Castings, Turnout braces,
and weld kits may not be available
domestically. During the 15-day
comment period, the FHWA conducted
an additional nationwide review to
locate potential domestic manufacturers
for the U–69 guard bars, Manganese
Castings, Turnout braces, and weld kits.
Based on all the information available to
the agency, the FHWA concludes that
there are no domestic manufacturers for
the U–69 guard bars, Manganese
Castings, Turnout braces, and weld kits.
Thus, the FHWA concludes that a Buy
America waiver is appropriate as
provided by 23 CFR 635.410(c)(1).
In accordance with the provisions of
section 117 of the SAFETEA–LU
Technical Corrections Act of 2008 (Pub.
L. 110–244, 122 Stat. 1572), the FHWA
is providing this notice as its finding
that a waiver of Buy America
requirements is appropriate. The FHWA
invites public comment on this finding
for an additional 15 days following the
effective date of the finding. Comments
may be submitted to the FHWA’s Web
site via the link provided to the Illinois
waiver page noted above.
Authority: 23 U.S.C. 313; Public Law 110–
161, 23 CFR 635.410.
Issued on: June 26, 2009.
King W. Gee,
Associate Administrator for Infrastructure.
[FR Doc. E9–15854 Filed 7–6–09; 8:45 am]
BILLING CODE 4910–22–P
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Notices]
[Pages 32217-32219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15861]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS394]
WTO Dispute Settlement Proceeding Regarding China--Measures
Related to the Exportation of Various Raw Materials
AGENCY: Office of the United States Trade Representative.
[[Page 32218]]
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that on June 23, 2009, in accordance
with the Marrakesh Agreement Establishing the World Trade Organization
(``WTO Agreement''), the United States requested consultations
regarding restraints on the export from China of various forms of
bauxite, coke, fluorspar, magnesium, manganese, silicon carbide,
silicon metal, yellow phosphorus, and zinc (the ``materials''). That
request may be found at https://www.wto.org contained in a document
designated as WT/DS394/1. 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 July 31, 2009 to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted electronically to https://www.regulations.gov, docket number USTR-2009-0016. If you are unable to
provide submissions by https://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: Shubha Sastry, Assistant General
Counsel, or Katherine Tai, Associate General Counsel, Office of the
United States Trade Representative, 600 17th Street, NW., Washington,
DC 20508, (202) 395-6139 or (202) 395-9589.
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 six to nine
months after it is established.
Major Issues Raised by the United States
On June 23, 2009, the United States requested consultations
regarding China's restraints on the export from China of various forms
of bauxite (``bauxite'' includes but is not limited to items falling
under the following HS numbers, as listed in Attachment 1 of Notice
``2009 Export Licensing Management Commodities List'' (Ministry of
Commerce and General Administration of Customs, Notice (2008) No. 100,
January 1, 2009) (``2009 Export Licensing List'') and/or Table 7 of
Notice Regarding the 2009 Tariff Implementation Program (State Council
Tariff Policy Commission, shuiweihui (2008) No. 40, January 1, 2009)
(``2009 Export Duty List''): 2508300000/25083000, 2606000000/26060000,
26204000), coke (``coke'' includes but is not limited to items falling
under the following HS numbers, as listed in the 2009 Export Licensing
List and/or the 2009 Export Duty List: 2704001000/27040010), fluorspar
(``fluorspar'' includes but is not limited to items falling under the
following HS numbers, as listed in the 2009 Export Licensing List and/
or the 2009 Export Duty List: 2529210000/25292100, 2529220000/
25292200), magnesium (``magnesium'' includes but is not limited to
items falling under the following HS numbers, as listed in the 2009
Export Licensing List and/or the 2009 Export Duty List: 81041100,
81041900, 81042000), manganese (``manganese'' includes but is not
limited to items falling under the following HS numbers, as listed in
the 2009 Export Licensing List and/or the 2009 Export Duty List:
26020000, 8111001010/81110010, 8111001090/81110010), silicon carbide
(``silicon carbide'' includes but is not limited to items falling under
the following HS numbers, as listed in the 2009 Export Licensing List
and/or the 2009 Export Duty List: 2849200000, 3824909910), silicon
metal (``silicon metal'' includes but is not limited to items falling
under the following HS numbers, as listed in the 2009 Export Licensing
List and/or the 2009 Export Duty List: 28046900), yellow phosphorus
(``yellow phosphorus'' includes but is not limited to items falling
under the following HS numbers, as listed in the 2009 Export Licensing
List and/or the 2009 Export Duty List: 28047010), and zinc (``zinc''
includes but is not limited to items falling under the following HS
numbers, as listed in the 2009 Export Licensing List and/or the 2009
Export Duty List: 2608000001/26080000, 2608000090/26080000, 7901119000/
79011190, 7901120000/79011200, 7901200000/79012000, 79020000, 26201100,
26201900).
These restraints include: Quantitative restrictions on the export
of bauxite, coke, fluorspar, silicon carbide, and zinc; export duties
on bauxite, coke, fluorspar, magnesium, manganese, silicon metal,
yellow phosphorus, and zinc; additional requirements and procedures
(administered through China's ministries and other organizations under
the State Council as well as chambers of commerce) in connection with
the export of the materials, including, but not limited to, restricting
the right to export based on, for example, prior export experience,
establishing criteria that foreign-invested enterprises must satisfy in
order to export that are different from those that domestic entities
must satisfy, and requiring exporters to pay fees; and a minimum export
price system for the materials and requiring the examination and
approval of export contracts and export prices (administered through
China's ministries and other organizations under the State Council as
well as chambers of commerce).
USTR believes that these export restraints are inconsistent with
China's obligations under Articles VIII, X, and XI of the General
Agreement on Tariffs and Trade 1994; paragraphs 5.1, 5.2, 8.2, and 11.3
of Part I of the Protocol on the Accession of the People's Republic of
China (``Accession Protocol''); and the provisions of paragraph 1.2 of
Part I of the Accession Protocol (which incorporates commitments in
paragraphs 83, 84, 162, and 165 of the Report of the Working Party on
the Accession of China).
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 https://www.regulations.gov, docket number
USTR-2009-0016. If you are unable to provide submissions by https://www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to
arrange for an alternative method of transmission.
To submit comments via https://www.regulations.gov, enter docket
number USTR-2009-0016 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 https://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.)
[[Page 32219]]
The https://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 https://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 to Sandy McKinzy at (202) 395-3640. A non-confidential summary
of the confidential information must be submitted to https://www.regulations.gov or by fax. 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 Sec. 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 https://www.regulations.gov Web site.
Daniel Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E9-15861 Filed 7-6-09; 8:45 am]
BILLING CODE 3190-W9-P