WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Various Raw Materials, 63812-63814 [E9-28903]
Download as PDF
<![CDATA[
63812
Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices
consolidated tape.’’ 28 This commenter
states: ‘‘Because the noncompliant
company list and BC indicator give no
further detail about the company’s
infraction or degree of noncompliance,
investors may assume that a company is
in danger of being delisted when only
a relatively minor infraction exists.’’ 29
The Commission believes that it is not
unreasonable for the NYSE to require a
company that is listed on its facility to
notify the Exchange when it becomes
aware that it is out of compliance with
the Exchange’s listing standards. With
respect to the concern that the BC
indicator provides no details about the
reasons why the BC indicator was
appended to the company’s stock
symbol, the NYSE’s Web site provides
the reason why a company has been
placed on the non-compliant list.30
Finally, the Commission believes that
the technical and other minor changes
in the proposal improve and add to the
clarity of the Exchange’s corporate
governance listing rules.
SECURITIES AND EXCHANGE
COMMISSION
IV. Conclusion
BILLING CODE 1505–01–D
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,31 that the
proposed rule change (SR–NYSE–2009–
89), as amended, be, and hereby is,
approved.
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.32
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–28890 Filed 12–3–09; 8:45 am]
BILLING CODE 8011–01–P
28 See
Davis Polk Letter.
mstockstill on DSKH9S0YB1PROD with NOTICES
29 Id.
30 See https://www.nyse.com/regulation/nyse/
bcindex.html. The Web site lists companies that are
non-compliant with the Exchange’s corporate
governance listing standards separately from those
non-compliant with other standards, and states: ‘‘A
noncompliant issuer is added to the list seven
business days after the NYSE notifies the issuer of
the deficiency; if the noncompliance results from a
death or illness of a director, the issuer is added to
the list six months after the event. An issuer is
removed from the list one business day after the
NYSE determines that the issuer is in compliance
with NYSE corporate governance listing standards.’’
The reason why a company is on the list can be
seen via a link entitled, ‘‘View more information on
issuers noncompliant with NYSE corporate
governance standards.’’
31 15 U.S.C. 78s(b)(2).
32 17 CFR 200.30–3(a)(12).
VerDate Nov<24>2008
17:26 Dec 03, 2009
Jkt 220001
[Release No. 34–61008; File No. SR–
NASDAQ–2009–094]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Require
That Companies Provide Nasdaq With
at least Ten Minutes Prior Notification
When Releasing Material Information
and Eliminate a Potential
Inconsistency With Commission
Guidance on the Use of Company
Websites To Satisfy Public Disclosure
Requirements
Correction
In notice document E9–27998
beginning on page 61186 in the issue of
Monday, November 23, 2009, make the
following correction:
On page 61186, in the second column,
the docket number is corrected to read
as set forth above.
[FR Doc. Z9–27998 Filed 12–03–09; 8:45 am]
[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.
ACTION: Notice; request for comments.
SUMMARY: The Office of the United
States Trade Representative (‘‘USTR’’) is
providing notice that on November 4,
2009, in accordance with the Marrakesh
Agreement Establishing the World
Trade Organization (‘‘WTO
Agreement’’), the United States
requested that the WTO Dispute
Settlement Body establish a dispute
settlement panel to review the U.S.
claims concerning 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/DS394/7.
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,
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
comments should be submitted on or
before January 19, 2010 to be assured of
timely consideration by USTR.
ADDRESSES: Public 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: Pursuant
to Section 127(b) of the Uruguay Round
Agreements Act (‘‘URAA’’) (19 U.S.C.
3537(b)(1)), USTR is providing notice
that the United States has requested the
WTO Dispute Settlement Body to
establish a dispute settlement panel
pursuant to the WTO Understanding on
Rules and Procedures Governing the
Settlement of Disputes (‘‘DSU’’). Such
panel, which would hold its meetings in
Geneva, Switzerland, would be
expected to issue a report on its findings
and recommendations within
approximately nine months after it is
established.
Major Issues Raised by the United
States
China imposes restraints on the
export from China of various forms of
bauxite (‘‘bauxite’’ includes but is not
limited to items falling under the
following ten-digit Chinese Commodity
Codes, 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 the
following eight-digit HS numbers as
listed in 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 tendigit Chinese Commodity Codes as
listed in the 2009 Export Licensing List
and/or the eight-digit HS numbers as
listed in the 2009 Export Duty List:
E:\FR\FM\04DEN1.SGM
04DEN1
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices
2704001000/27040010), fluorspar
(‘‘fluorspar’’ includes but is not limited
to items falling under the following tendigit Chinese Commodity Codes as
listed in the 2009 Export Licensing List
and/or the eight-digit HS numbers as
listed in the 2009 Export Duty List:
2529210000/25292100, 2529220000/
25292200), magnesium (‘‘magnesium’’
includes but is not limited to items
falling under the following ten-digit
Chinese Commodity Codes as listed in
the 2009 Export Licensing List and/or
the eight-digit HS numbers as listed in
the 2009 Export Duty List: 81041100,
81041900, 81042000), manganese
(‘‘manganese’’ includes but is not
limited to items falling under the
following ten-digit Chinese Commodity
Codes as listed in the 2009 Export
Licensing List and/or the eight-digit HS
numbers as listed in 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 ten-digit
Chinese Commodity Codes as listed in
the 2009 Export Licensing List and/or
the eight-digit HS numbers as listed in
the 2009 Export Duty List: 2849200000,
3824909910), silicon metal (‘‘silicon
metal’’ includes but is not limited to
items falling under the following tendigit Chinese Commodity Codes as
listed in the 2009 Export Licensing List
and/or the eight-digit HS numbers as
listed in the 2009 Export Duty List:
28046900), yellow phosphorus (‘‘yellow
phosphorus’’ includes but is not limited
to items falling under the following tendigit Chinese Commodity Codes as
listed in the 2009 Export Licensing List
and/or the eight-digit HS numbers as
listed in the 2009 Export Duty List:
28047010), and zinc (‘‘zinc’’ includes
but is not limited to items falling under
the following ten-digit Chinese
Commodity Codes as listed in the 2009
Export Licensing List and/or the eightdigit HS numbers as listed in the 2009
Export Duty List: 2608000001/
26080000, 2608000090/26080000,
790111111000/790111100, 7901119000/
79011190, 7901120000/79011200,
7901200000/79012000, 79020000,
26201100, 26201900).
These restraints include: quantitative
restrictions in the form of quotas on the
export of bauxite, coke, fluorspar,
silicon carbide, and zinc; and export
duties on bauxite, coke, fluorspar,
magnesium, manganese, silicon carbide,
silicon metal, yellow phosphorus, and
zinc. Additional restraints in connection
with the export of the materials include,
but are not limited to: restrictions on the
right of Chinese enterprises as well as
VerDate Nov<24>2008
17:26 Dec 03, 2009
Jkt 220001
foreign enterprises and individuals to
export; requirements that foreigninvested enterprises must satisfy in
order to export; non-automatic export
licensing; excessive fees and formalities
in connection with exportation;
requiring that prices for the materials
meet or exceed a minimum price before
they may be exported. China
administers certain of these export
restraints through its ministries and
other organizations under the State
Council, as well as chambers of
commerce and industry associations, in
a manner that is not uniform, impartial,
and reasonable. China also does not
publish certain measures pertaining to
requirements, restrictions, or
prohibitions on exports.
USTR believes that these export
restraints are inconsistent with China’s
obligations under Article VIII:1(a) and
VIII:4, Article X:1 and X:3(a), and
Article XI of the General Agreement on
Tariffs and Trade 1994; paragraphs
2(A)2, 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 ‘‘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
https://www.regulations.gov Web site,
please consult the resources provided
on the website by clicking on ‘‘How to
Use This Site’’ on the left side of the
home page.)
The https://www.regulations.gov site
provides the option of providing
comments by filling in a ‘‘General
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
63813
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 nonconfidential summaries of submissions,
received from other participants in the
dispute; the report of the panel; and, if
E:\FR\FM\04DEN1.SGM
04DEN1
63814
Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices
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. E9–28903 Filed 12–3–09; 8:45 am]
BILLING CODE 3190–W0–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Major Issues Raised by Canada
[Docket No. WTO/DS384 and WTO/DS386]
WTO Dispute Settlement Proceeding
Regarding United States—Certain
Country of Origin Labeling (COOL)
Requirements
mstockstill on DSKH9S0YB1PROD 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 19,
2009, the World Trade Organization
Dispute Settlement Body established a
dispute settlement panel at the request
of Canada and Mexico under the
Marrakesh Agreement Establishing the
World Trade Organization (‘‘WTO
Agreement’’) concerning certain
mandatory country of origin labeling
(COOL) requirements. Those requests
may be found at https://www.wto.org
contained in documents designated as
WT/DS384/8 for Canada and WT/
DS386/7 for Mexico. USTR invites
written comments from the public
concerning the issues raised in these
disputes.
DATES: Although USTR will accept any
comments received during the course of
the dispute settlement proceedings,
comments should be submitted on or
before January 8, 2010, to be assured of
timely consideration by USTR.
ADDRESSES: Comments should be
submitted electronically to
www.regulations.gov, docket number
USTR–2009–0004. 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
VerDate Nov<24>2008
17:26 Dec 03, 2009
Jkt 220001
information, then the comment should
be submitted by fax only to Sandy
McKinzy at (202) 395–3640.
FOR FURTHER INFORMATION CONTACT:
Probir J. Mehta, Associate 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 a dispute
settlement panel has been established
pursuant to the WTO Understanding on
Rules and Procedures Governing the
Settlement of Disputes (‘‘DSU’’). If a
dispute settlement panel is established,
the 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.
In its request for the establishment of
a panel, Canada challenges provisions of
the Agricultural Marketing Act of 1946,
as amended by the Farm, Security and
Rural Investment Act of 2002 (2002
Farm Bill), and Food, Conservation, and
Energy Act, 2008 (2008 Farm Bill), the
U.S. Department of Agriculture
(‘‘USDA’’) Interim Final Rule on COOL
published on August 1, 2008 and on
August 28, 2008, respectively, the
USDA Final Rule on COOL published
on January 15, 2009, and a February 20,
2009 letter issued by the Secretary of
Agriculture.
Canada alleges that the COOL
requirements are inconsistent with the
General Agreement on Tariffs and Trade
1994 (‘‘GATT 1994’’), Articles III:4, IX:2,
IX:4, and X:3(a), the Agreement on
Technical Barriers to Trade (‘‘TBT
Agreement’’), Articles 2.1, 2.2, and 2.4,
or in the alternative, the Agreement on
the Application of Sanitary and
Phytosanitary Measures (‘‘SPS
Agreement’’), Articles 2, 5, and 7, and
the Agreement on Rules of Origin,
Articles 2(b), 2(c), 2(e), and 2(j).
Additionally, Canada alleges these
violations nullify or impair the benefits
accruing to Canada under those
Agreements and further appear to
nullify or impair the benefits accruing to
Canada in the sense of GATT 1994,
Article XXIII:1(b).
Major Issues Raised by Mexico
In its request for establishment of a
panel, Mexico challenges the
Agricultural Marketing Act of 1946, as
amended by the 2002 and 2008 Farm
Bills, the U.S. Department of
Agriculture (‘‘USDA’’) Interim Final
Rule on COOL published on August 1,
2008 and August 28, 2009, respectively,
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
the USDA Final Rule on COOL
published on January 15, 2009, and a
February 20, 2009 letter issued by the
Secretary of Agriculture.
Mexico alleges that the U.S. measures
are inconsistent with the GATT 1994,
Articles III:4, IX:2, IX:4, and X:3(a), the
TBT Agreement, Articles 2.1, 2.2, 2.4,
12.1, and 12.3, or, in the alternative, the
SPS Agreement, Articles 2, 5, and 7, and
the Agreement on Rules of Origin,
Articles 2(b), 2(c), 2(d), and 2(e).
Additionally, Mexico alleges these
violations nullify or impair the benefits
accruing to Mexico under those
Agreements and further appear to
nullify or impair the benefits accruing to
Mexico within the meaning of the GATT
1994, Article XXIII:1(b).
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–2009–0004. 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–2009–0004 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
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.)
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
E:\FR\FM\04DEN1.SGM
04DEN1
]]>Agencies
[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Pages 63812-63814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28903]
=======================================================================
-----------------------------------------------------------------------
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.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that on November 4, 2009, in accordance
with the Marrakesh Agreement Establishing the World Trade Organization
(``WTO Agreement''), the United States requested that the WTO Dispute
Settlement Body establish a dispute settlement panel to review the U.S.
claims concerning 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/DS394/7. 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 19, 2010 to be assured of timely
consideration by USTR.
ADDRESSES: Public 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: Pursuant to Section 127(b) of the Uruguay
Round Agreements Act (``URAA'') (19 U.S.C. 3537(b)(1)), USTR is
providing notice that the United States has requested the WTO Dispute
Settlement Body to establish a dispute settlement panel pursuant to the
WTO Understanding on Rules and Procedures Governing the Settlement of
Disputes (``DSU''). Such panel, which would hold its meetings in
Geneva, Switzerland, would be expected to issue a report on its
findings and recommendations within approximately nine months after it
is established.
Major Issues Raised by the United States
China imposes restraints on the export from China of various forms
of bauxite (``bauxite'' includes but is not limited to items falling
under the following ten-digit Chinese Commodity Codes, 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 the following eight-digit HS numbers as listed in 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 ten-digit Chinese Commodity Codes as
listed in the 2009 Export Licensing List and/or the eight-digit HS
numbers as listed in the 2009 Export Duty List:
[[Page 63813]]
2704001000/27040010), fluorspar (``fluorspar'' includes but is not
limited to items falling under the following ten-digit Chinese
Commodity Codes as listed in the 2009 Export Licensing List and/or the
eight-digit HS numbers as listed in the 2009 Export Duty List:
2529210000/25292100, 2529220000/25292200), magnesium (``magnesium''
includes but is not limited to items falling under the following ten-
digit Chinese Commodity Codes as listed in the 2009 Export Licensing
List and/or the eight-digit HS numbers as listed in the 2009 Export
Duty List: 81041100, 81041900, 81042000), manganese (``manganese''
includes but is not limited to items falling under the following ten-
digit Chinese Commodity Codes as listed in the 2009 Export Licensing
List and/or the eight-digit HS numbers as listed in 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 ten-digit Chinese Commodity Codes as listed
in the 2009 Export Licensing List and/or the eight-digit HS numbers as
listed in the 2009 Export Duty List: 2849200000, 3824909910), silicon
metal (``silicon metal'' includes but is not limited to items falling
under the following ten-digit Chinese Commodity Codes as listed in the
2009 Export Licensing List and/or the eight-digit HS numbers as listed
in the 2009 Export Duty List: 28046900), yellow phosphorus (``yellow
phosphorus'' includes but is not limited to items falling under the
following ten-digit Chinese Commodity Codes as listed in the 2009
Export Licensing List and/or the eight-digit HS numbers as listed in
the 2009 Export Duty List: 28047010), and zinc (``zinc'' includes but
is not limited to items falling under the following ten-digit Chinese
Commodity Codes as listed in the 2009 Export Licensing List and/or the
eight-digit HS numbers as listed in the 2009 Export Duty List:
2608000001/26080000, 2608000090/26080000, 790111111000/790111100,
7901119000/79011190, 7901120000/79011200, 7901200000/79012000,
79020000, 26201100, 26201900).
These restraints include: quantitative restrictions in the form of
quotas on the export of bauxite, coke, fluorspar, silicon carbide, and
zinc; and export duties on bauxite, coke, fluorspar, magnesium,
manganese, silicon carbide, silicon metal, yellow phosphorus, and zinc.
Additional restraints in connection with the export of the materials
include, but are not limited to: restrictions on the right of Chinese
enterprises as well as foreign enterprises and individuals to export;
requirements that foreign-invested enterprises must satisfy in order to
export; non-automatic export licensing; excessive fees and formalities
in connection with exportation; requiring that prices for the materials
meet or exceed a minimum price before they may be exported. China
administers certain of these export restraints through its ministries
and other organizations under the State Council, as well as chambers of
commerce and industry associations, in a manner that is not uniform,
impartial, and reasonable. China also does not publish certain measures
pertaining to requirements, restrictions, or prohibitions on exports.
USTR believes that these export restraints are inconsistent with
China's obligations under Article VIII:1(a) and VIII:4, Article X:1 and
X:3(a), and Article XI of the General Agreement on Tariffs and Trade
1994; paragraphs 2(A)2, 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 ``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 https://www.regulations.gov Web site,
please consult the resources provided on the website by clicking on
``How to Use This Site'' on the left side of the home page.)
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
[[Page 63814]]
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. E9-28903 Filed 12-3-09; 8:45 am]
BILLING CODE 3190-W0-P
