WTO Dispute Settlement Proceeding Regarding United States-Certain Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tires From China, 50997-50998 [E9-23829]

Download as PDF Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices DEPARTMENT OF STATE [Public Notice 6776] Bureau of Western Hemisphere Affairs, Executive Order 11423, as Amended; Notice of Receipt of Application for a Presidential Permit for an International Pedestrian Bridge on the U.S.-Mexico Border Near San Diego, California and Tijuana, Baja California, Mexico Department of State. Notice. AGENCY: pwalker on DSK8KYBLC1PROD with NOTICES ACTION: SUMMARY: The Department of State hereby gives notice that, on September 18, 2009, it received from Otay-Tijuana Venture, L.L.C., an application for a Presidential permit to authorize the construction, operation, and maintenance of a new international pedestrian bridge called the San DiegoTijuana Airport Cross Border Facility (CBF) on the U.S.-Mexico border near San Diego, California and Tijuana, Baja California, Mexico. According to the application, Otay-Tijuana Venture, L.L.C., is a company created under Delaware law and consists of companies owned by American and Mexican investors with experience in real estate, corporate investing, and airport operations. Otay-Tijuana Venture, L.L.C. states that it is undertaking the project as a for-profit, commercial activity. According to the application, the CBF would enable ticketed airline passengers to travel between Mexico’s Tijuana International Airport (TIJ) and San Diego, California, via an enclosed, elevated pedestrian bridge. The CBF will consist of: a main building on the U.S. side of the border housing U.S. Customs and Border Protection (CBP) inspection facilities along with shops and services to accommodate travelers; an approximately 525-foot pedestrian bridge from the main building on the U.S. side connecting into TIJ’s passenger terminal on the Mexican side; and parking facilities and areas for car rentals and potentially bus service on the U.S. side. According to the application, the CBF would allow passengers to bypass San Diego’s congestion-prone ports of entry and avoid driving through the City of Tijuana. The Department’s jurisdiction over this application is based upon Executive Order 11423 of August 16, 1968, as amended. As provided in E.O. 11423, the Department is circulating this application to relevant Federal and State agencies for review and comment. Under E.O. 11423, the Department has the responsibility to determine, taking into account input from these agencies and other stakeholders, whether VerDate Nov<24>2008 16:40 Oct 01, 2009 Jkt 220001 issuance of a Presidential permit for this proposed bridge would be in the U.S. national interest. DATES: Interested members of the public are invited to submit written comments regarding this application on or before December 31, 2009 to Mr. Stewart Tuttle, U.S.-Mexico Border Affairs Coordinator, via e-mail at WHA– BorderAffairs@state.gov, or by mail at WHA/MEX—Room 3909, Department of State, 2201 C St. NW., Washington, DC 20520. FOR FURTHER INFORMATION CONTACT: Mr. Stewart Tuttle, U.S.-Mexico Border Affairs Coordinator, via e-mail at WHA– BorderAffairs@state.gov; by phone at 202–647–9894; or by mail at WHA/ MEX—Room 3909, Department of State, 2201 C St. NW., Washington, DC 20520. General information about Presidential Permits is available on the Internet at http://www.state.gov/p/wha/rt/permit/. SUPPLEMENTARY INFORMATION: This application and supporting documents are available for review in the Office of Mexican Affairs during normal business hours. Dated: September 28, 2009. Alex Lee, Director, Office of Mexican Affairs, Department of State. [FR Doc. E9–23812 Filed 10–1–09; 8:45 am] BILLING CODE 4710–29–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE 50997 DATES: Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before October 30 to be assured of timely consideration by USTR. ADDRESSES: Public comments should be submitted electronically to http:// www.regulations.gov, docket number USTR–2009–0035. If you are unable to provide submissions by http:// 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: ´ ´ Marıa L. Pagan, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395– 9626. 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 14, 2009, China WTO Dispute Settlement Proceeding requested consultations regarding Regarding United States—Certain restrictions recently announced by the Measures Affecting Imports of Certain United States on imports of Chinese Passenger Vehicle and Light Truck tires. According to China, these Tires From China restrictions take the form of substantially higher tariffs over the next AGENCY: Office of the United States three years well in excess of the tariff Trade Representative. rates permitted under U.S. international ACTION: Notice; request for comments. obligations to China. The restrictions were announced on September 11, 2009, SUMMARY: The Office of the United States Trade Representative (‘‘USTR’’) is by U.S. authorities following an investigation pursuant to section 421 of providing notice that on September 14, the Trade Act of 1974, as amended (19 2009, the People’s Republic of China U.S.C. 2451). The report by the U.S. (‘‘China’’) requested consultations with International Trade Commission issued the United States under the Marrakesh Agreement Establishing the World Trade as part of the investigation can be found Organization (‘‘WTO Agreement’’) with at Certain Passenger Vehicle and Light respect to certain measures affecting the Truck Tires from the People’s Republic of China, Investigation No. TA–421–7, import of certain passenger vehicle and light truck tires from China (China tires) USITC Publication No. 4085 (July 2009). into the United States. That request may The decision by the President can be found in the Proclamation issued by be found at http://www.wto.org President Obama on September 11, contained in a document designated as 2009. The measures are to take effect on WT/DS399/1. USTR invites written September 26, 2009. The request comments from the public concerning purports to include any other measures the issues raised in this dispute. [Docket No. WTO/DS399/1] PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 50998 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices pwalker on DSK8KYBLC1PROD with NOTICES the United States may announce to implement the decision. China alleges that the higher tariffs, not having been justified as emergency action under relevant WTO rules, are inconsistent with Article I:1 of the General Agreement on Tariffs and Trade 1994 (‘‘GATT 1994’’). China also alleges that these measures have not been properly justified pursuant to Article XIX of the GATT 1994 and the WTO Agreement on Safeguards. China also alleges that these measures have not been properly justified as China-specific restrictions under the Protocol on the Accession of the People’s Republic of China (Protocol of Accession). Furthermore, China alleges that the U.S. statute authorizing these Chinaspecific restrictions is inconsistent on its face with Article 16 of the Protocol of Accession because, according to China, the statute impermissibly defines ‘‘significant cause’’ more narrowly than required by the ordinary meaning of the phrase as used in Article 16.4 of the Protocol of Accession. Finally, China alleges that each measure, as applied, is also inconsistent with the Protocol of Accession. 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 http:// www.regulations.gov docket number USTR–2009–0035. If you are unable to provide submissions by http:// www.regulations.gov, please contact Sandy McKinzy at (202) 395–9483 to arrange for an alternative method of transmission. To submit comments via http:// www.regulations.gov, enter docket number USTR–2009–0035 on the home page and click ‘‘search’’. 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 ‘‘Submit a Comment.’’ (For further information on using the http://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 http://www.regulations.gov site provides the option of providing comments by filling in a ‘‘Type Comment and Upload File’’ field, or by attaching a document. It is expected that most comments will be provided in an attached document. If a document is VerDate Nov<24>2008 16:40 Oct 01, 2009 Jkt 220001 attached, it is sufficient to type ‘‘See attached’’ in the ‘‘Type Comment and Upload File’’ 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 http://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 http:// www.regulations.gov. The nonconfidential 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 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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 http://www.regulations.gov Web site. Daniel Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E9–23829 Filed 10–1–09; 8:45 am] BILLING CODE 3190–W9–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35259] Boise Valley Railroad, Inc.— Assignment of Lease Exemption— Union Pacific Railroad Company and Idaho Northern & Pacific Railroad Company Boise Valley Railroad, Inc. (BVR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire by assignment of lease from Idaho Northern and Pacific Railroad Company (INPR) the operating and lease rights over approximately 35.99 miles (not including yard tracks) of rail lines owned by Union Pacific Railroad Company (UP). The lines BVR seeks to acquire by assignment of lease are: (i) between milepost 0.2, near Caldwell, ID, and milepost 11.39, at Wilder; ID; (ii) between milepost 443.0, near Hillcrest, ID, and milepost 467.8, at Nampa, ID; and (iii) track numbers 40, 401, 402, 403, 404, 406, 407, 408, 409, 410, 411, 412, 413, 414, and 415 in UP’s Nampa Yard, at Nampa. BVR will also acquire by assignment from INPR approximately 12.11 miles of incidental trackage rights over two segments of UP’s lines in order to interchange traffic with UP at Nampa and to access one of the leased lines. The incidental trackage rights BVR seeks to acquire by assignment of lease are between: (i) milepost 465.91, at Caldwell, and milepost 454.0, at Nampa; and (ii) milepost 465.91, at Caldwell, and milepost 0.2, near Caldwell, on the Wilder Branch.1 This transaction is related to the concurrently filed notice of exemption in STB Finance Docket No. 35260, Watco Companies, Inc—Continuance in Control Exemption—Boise Valley 1 According to BVR, neither the assignment of lease between INPR and BVR nor the lease agreement being assigned contains any provision that would prohibit BVR from interchanging traffic with a third party. E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 74, Number 190 (Friday, October 2, 2009)]
[Notices]
[Pages 50997-50998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23829]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS399/1]


WTO Dispute Settlement Proceeding Regarding United States--
Certain Measures Affecting Imports of Certain Passenger Vehicle and 
Light Truck Tires 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 14, 2009, the People's 
Republic of China (``China'') requested consultations with the United 
States under the Marrakesh Agreement Establishing the World Trade 
Organization (``WTO Agreement'') with respect to certain measures 
affecting the import of certain passenger vehicle and light truck tires 
from China (China tires) into the United States. That request may be 
found at http://www.wto.org contained in a document designated as WT/
DS399/1. 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 October 30 to be assured of timely consideration 
by USTR.

ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2009-0035. If you are unable 
to provide submissions by http://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: Mar[iacute]a L. Pag[aacute]n, 
Associate General Counsel, Office of the United States Trade 
Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395-
9626.

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 14, 2009, China requested consultations regarding 
restrictions recently announced by the United States on imports of 
Chinese tires. According to China, these restrictions take the form of 
substantially higher tariffs over the next three years well in excess 
of the tariff rates permitted under U.S. international obligations to 
China. The restrictions were announced on September 11, 2009, by U.S. 
authorities following an investigation pursuant to section 421 of the 
Trade Act of 1974, as amended (19 U.S.C. 2451). The report by the U.S. 
International Trade Commission issued as part of the investigation can 
be found at Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China, Investigation No. TA-421-7, USITC 
Publication No. 4085 (July 2009). The decision by the President can be 
found in the Proclamation issued by President Obama on September 11, 
2009. The measures are to take effect on September 26, 2009. The 
request purports to include any other measures

[[Page 50998]]

the United States may announce to implement the decision.
    China alleges that the higher tariffs, not having been justified as 
emergency action under relevant WTO rules, are inconsistent with 
Article I:1 of the General Agreement on Tariffs and Trade 1994 (``GATT 
1994''). China also alleges that these measures have not been properly 
justified pursuant to Article XIX of the GATT 1994 and the WTO 
Agreement on Safeguards. China also alleges that these measures have 
not been properly justified as China-specific restrictions under the 
Protocol on the Accession of the People's Republic of China (Protocol 
of Accession).
    Furthermore, China alleges that the U.S. statute authorizing these 
China-specific restrictions is inconsistent on its face with Article 16 
of the Protocol of Accession because, according to China, the statute 
impermissibly defines ``significant cause'' more narrowly than required 
by the ordinary meaning of the phrase as used in Article 16.4 of the 
Protocol of Accession. Finally, China alleges that each measure, as 
applied, is also inconsistent with the Protocol of Accession.

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 http://www.regulations.gov docket number 
USTR-2009-0035. If you are unable to provide submissions by http://www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to 
arrange for an alternative method of transmission.
    To submit comments via http://www.regulations.gov, enter docket 
number USTR-2009-0035 on the home page and click ``search''. 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 ``Submit a Comment.'' (For 
further information on using the http://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 http://www.regulations.gov site provides the option of 
providing comments by filling in a ``Type Comment and Upload File'' 
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 ``Type Comment and Upload 
File'' 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 http://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 http://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 http://www.regulations.gov Web site.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. E9-23829 Filed 10-1-09; 8:45 am]
BILLING CODE 3190-W9-P