WTO Dispute Settlement Proceeding Regarding Philippines-Taxes on Distilled Spirits, 23318-23319 [2010-10179]

Download as PDF 23318 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices general, to protect investors and the public interest.26 The proposed rule change is intended to address the cessation of the PORTAL market and clarify the scope of the ORF Rules, as well as make conforming changes to other FINRA Rules. The Commission believes that the proposed rule change is reasonably designed to ensure that FINRA will continue to receive important transaction information with respect to securities that are traded over-the-counter. In addition, the Commission believes that the amended definition ‘‘OTC Equity Security,’’ the standardization of that definition throughout FINRA rules and FINRA’s other proposed changes will close gaps and add clarity with respect to the application of specified FINRA rules to certain securities. V. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act, that the proposed rule change (SR–FINRA– 2010–003), as modified by Amendment Nos. 1 and 2, be, and it hereby is, approved. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.27 Florence E. Harmon, Deputy Secretary. significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Los Angeles County Museum of Art, Los Angeles, CA, from on or about June 27 2010, until on or about September 12, 2010; at the Metropolitan Museum of Art, New York, NY, from on or about October 18, 2010, until on or about January 9, 2011, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Carol B. Epstein, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6473). The address is U.S. Department of State, SA–5, L/PD, Fifth Floor, Washington, DC 20522– 0505. Dated: April 27, 2010. Maura M. Pally, Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2010–10255 Filed 4–30–10; 8:45 am] BILLING CODE 4710–05–P [FR Doc. 2010–10252 Filed 4–30–10; 8:45 am] BILLING CODE 8011–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE DEPARTMENT OF STATE [Docket No. WTO/DS403] [Public Notice 6983] WTO Dispute Settlement Proceeding Regarding Philippines—Taxes on Distilled Spirits Culturally Significant Objects Imported for Exhibition Determinations: ‘‘John Baldessari: Pure Beauty’’ Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ‘‘John Baldessari: Pure Beauty,’’ imported from abroad for temporary exhibition within the United States, are of cultural erowe on DSK5CLS3C1PROD with NOTICES SUMMARY: 26 In approving this proposed rule change, the Commission has considered the proposed rule’s impact on efficiency, competition and capital formation. See 15 U.S.C. 78c(f). 27 17 CFR 200.30–3(a)(12). VerDate Mar<15>2010 15:35 Apr 30, 2010 Jkt 220001 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 March 29, 2010, the United States requested establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’) with respect to the taxation of imported distilled spirits in the Philippines. That request may be found at https:// www.wto.org in a document designated as WT/DS403/4. The panel was established by the World Trade Organization (‘‘WTO’’) Dispute Settlement Body on April 20, 2010. 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 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 the dispute settlement proceedings, comments should be submitted on or before June 2, 2010 to be assured of timely consideration by USTR. ADDRESSES: Public comments should be submitted electronically to https:// www.regulations.gov, docket number USTR–2010–0005. 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: Courtney E. Smothers, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395–5657. SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 2527(b)(1)) requires that notice and opportunity for comment be provided after the United States submits or receives a request for establishment of a WTO dispute settlement panel. Consistent with this obligation, USTR is providing notice that it requested a panel and the panel has been established pursuant to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (‘‘DSU’’). The panel will hold its meetings in Geneva, Switzerland, and would be expected to issue a report on its findings and recommendations within nine months after it is established. Major Issues Raised by the United States The United States has raised concerns with the Philippines over taxation of distilled spirits many times over the past several years, both bilaterally and in WTO forums. On January 14, 2010, the United States requested consultations regarding this issue. The Philippines taxes distilled spirits at rates that differ depending on the product from which the spirit is distilled. The Philippines taxes distilled spirits made from certain materials that are typically produced in the Philippines, such as cane sugar and palm, at a low rate (e.g. 13.59 pesos per proof liter in 2009). Other distilled spirits are taxed at significantly higher rates (from approximately ten to forty times higher) than the low rate applied to domestic products. The Philippines’ taxes on distilled spirits appear not to tax similarly imported distilled spirits E:\FR\FM\03MYN1.SGM 03MYN1 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices erowe on DSK5CLS3C1PROD with NOTICES as compared to directly competitive or substitutable domestic distilled spirits. The taxes appear to be applied in a way that affords protection to the domestic products. In addition, the taxes appear to subject imported distilled spirits to internal taxes in excess of those applied to like domestic products. Accordingly, the tax treatment of distilled spirits in the Philippines appears to be inconsistent with Article III:2 of the GATT 1994. On January 14, 2010, the United States requested consultations with the Philippines. That request may be found at https://www.wto.org contained in a document designated as WT/DS403/1. Consultations were held in Geneva on February 23, 2010, but did not resolve the concerns with respect to the Philippine taxes. 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–2010–0005. 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–2009–0035 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 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 ‘‘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 VerDate Mar<15>2010 15:35 Apr 30, 2010 Jkt 220001 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. 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. 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, will be made available to the public on USTR’s Web site at https:// www.ustr.gov, and the report of the panel, and, if applicable, the report of the Appellate Body, will be available on the Web site of the World Trade Organization, https://www.wto.org. 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 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 23319 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. Steven F. Fabry, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. 2010–10179 Filed 4–30–10; 8:45 am] BILLING CODE 3190–W0–P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation Notice of Funding Availability for the Small Business Transportation Resource Center Program AGENCY: Office of the Secretary of Transportation (OST), Office of Small and Disadvantaged Business Utilization (OSDBU), Department of Transportation (DOT). ACTION: Notice of Funding Availability. SUMMARY: The Department of Transportation (DOT), Office of the Secretary (OST), Office of Small and Disadvantaged Business Utilization (OSDBU) announces the opportunity for; (1) Business centered communitybased organizations; (2) transportationrelated trade associations; (3) colleges and universities; (4) community colleges or; (5) chambers of commerce, registered with the Internal Revenue Service as 501 C(6) or 501 C(3) tax-exempt organizations, to compete for participation in OSDBU’s Small Business Transportation Resource Center (SBTRC) program in the Central Region, the Southeast Region, and the West Central Region. The Southwest, South Atlantic, and Mid-South Atlantic Regions have previously been competed in Fiscal Year 2010. The Great Lakes, Gulf, Mid Atlantic, Northeast, and Northwest Regions will be competed at a later date as their cooperative agreements expire. OSDBU will enter into Cooperative Agreements with these organizations to outreach to the small business community in their designated region and provide financial and technical assistance, business training programs, such as, business assessment, management training, counseling, technical assistance, marketing and outreach, and the dissemination of information, to encourage and assist small businesses to become better prepared to compete for, obtain, and manage DOT funded transportationrelated contracts and subcontracts at the Federal, State and local levels. E:\FR\FM\03MYN1.SGM 03MYN1

Agencies

[Federal Register Volume 75, Number 84 (Monday, May 3, 2010)]
[Notices]
[Pages 23318-23319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10179]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS403]


WTO Dispute Settlement Proceeding Regarding Philippines--Taxes on 
Distilled Spirits

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 March 29, 2010, the United 
States requested establishment of a dispute settlement panel under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') with respect to the taxation of imported distilled spirits 
in the Philippines. That request may be found at https://www.wto.org in 
a document designated as WT/DS403/4. The panel was established by the 
World Trade Organization (``WTO'') Dispute Settlement Body on April 20, 
2010. 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 June 2, 2010 to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to https://www.regulations.gov, docket number USTR-2010-0005. 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: Courtney E. Smothers, Associate 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC 20508, (202) 395-5657.

SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round 
Agreements Act (URAA) (19 U.S.C. 2527(b)(1)) requires that notice and 
opportunity for comment be provided after the United States submits or 
receives a request for establishment of a WTO dispute settlement panel. 
Consistent with this obligation, USTR is providing notice that it 
requested a panel and the panel has been established pursuant to the 
WTO Understanding on Rules and Procedures Governing the Settlement of 
Disputes (``DSU''). The panel will hold its meetings in Geneva, 
Switzerland, and would be expected to issue a report on its findings 
and recommendations within nine months after it is established.

Major Issues Raised by the United States

    The United States has raised concerns with the Philippines over 
taxation of distilled spirits many times over the past several years, 
both bilaterally and in WTO forums. On January 14, 2010, the United 
States requested consultations regarding this issue. The Philippines 
taxes distilled spirits at rates that differ depending on the product 
from which the spirit is distilled. The Philippines taxes distilled 
spirits made from certain materials that are typically produced in the 
Philippines, such as cane sugar and palm, at a low rate (e.g. 13.59 
pesos per proof liter in 2009). Other distilled spirits are taxed at 
significantly higher rates (from approximately ten to forty times 
higher) than the low rate applied to domestic products. The 
Philippines' taxes on distilled spirits appear not to tax similarly 
imported distilled spirits

[[Page 23319]]

as compared to directly competitive or substitutable domestic distilled 
spirits. The taxes appear to be applied in a way that affords 
protection to the domestic products. In addition, the taxes appear to 
subject imported distilled spirits to internal taxes in excess of those 
applied to like domestic products. Accordingly, the tax treatment of 
distilled spirits in the Philippines appears to be inconsistent with 
Article III:2 of the GATT 1994.
    On January 14, 2010, the United States requested consultations with 
the Philippines. That request may be found at https://www.wto.org 
contained in a document designated as WT/DS403/1. Consultations were 
held in Geneva on February 23, 2010, but did not resolve the concerns 
with respect to the Philippine taxes.

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-2010-0005. 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-2009-0035 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 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 ``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 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. 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.
    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, will be made available to the 
public on USTR's Web site at https://www.ustr.gov, and the report of the 
panel, and, if applicable, the report of the Appellate Body, will be 
available on the Web site of the World Trade Organization, https://www.wto.org.
    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.

Steven F. Fabry,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2010-10179 Filed 4-30-10; 8:45 am]
BILLING CODE 3190-W0-P
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