WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp From Viet Nam, 32533-32535 [2010-13796]

Agencies

• Office of the United States Trade Representative
• Trade Representative, Office of United States

[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Pages 32533-32535]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13796]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE



[Docket No. WTO/DS404]




WTO Dispute Settlement Proceeding Regarding United States--Anti-

Dumping Measures on Certain Shrimp From Viet Nam



AGENCY: Office of the United States Trade Representative.



ACTION: Notice; request for comments.



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SUMMARY: The Office of the United States Trade Representative 

(``USTR'') is providing notice that on April 7, 2010, the Socialist 

Republic of Vietnam (``Vietnam'') requested the establishment of a 

dispute settlement panel under the Marrakesh Agreement Establishing the 

World Trade Organization (``WTO Agreement'') concerning a number of 

antidumping administrative reviews and new shipper reviews conducted by 

the Department of Commerce on imports of certain frozen warmwater 

shrimp from Vietnam (Investigation A-552-801), and various U.S. laws, 

regulations, administrative procedures, practices, and methodologies. 

That request may be found at www.wto.org contained in a document 

designated as WT/DS404/5. 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 8, 2010 to be assured of timely 

consideration by USTR.



ADDRESSES: Public comments should be submitted electronically to 

http:[sol][sol]www.regulations.gov, docket number USTR-2010-0008. If 

you are unable to submit comments using 

http:[sol][sol]www.regulations.gov, please contact Sandy McKinzy at 

(202) 395-9483 to arrange for an alternative method of transmission. If 

(as explained below) the comments contain confidential information, 

then the comments should be submitted by fax only to Sandy McKinzy at 

(202) 395-3640.



FOR FURTHER INFORMATION CONTACT: J. Daniel Stirk, Associate General 

Counsel, Office of the United States Trade Representative, 600 17th 

Street, NW., Washington, DC 20508, (202) 395-9617.



SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round 

Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and 

opportunity for comment be provided after the United States submits or 

receives a request for the establishment of a WTO dispute settlement 

panel. Consistent with this obligation, USTR is



[[Page 32534]]



providing notice that the establishment of a dispute settlement panel 

was requested pursuant to the WTO Understanding on Rules and Procedures 

Governing the Settlement of Disputes in this dispute. The panel was 

established on May 18, 2010. The panel would be expected to hold its 

meetings in Geneva, Switzerland, and would be expected to issue a 

report on its findings and recommendations within nine months.



Major Issues Raised by Vietnam



    In its April 7, 2010 panel request, Vietnam makes a number of 

allegations concerning the antidumping investigation, administrative 

reviews, and sunset review conducted by the Department of Commerce on 

certain frozen warmwater shrimp from Vietnam, referring in particular 

to the use of what it describes as ``zeroing'' in those proceedings. 

Vietnam challenges the determinations by the Department of Commerce in 

(1) Final Determination of Sales at Less Than Fair Value: Certain 

Frozen and Canned Warmwater Shrimp from the Socialist Republic of 

Vietnam, 69 FR 71,005 (December 5, 2004); (2) Certain Frozen Warmwater 

Shrimp From the Socialist Republic of Vietnam: Final Results of the 

First Antidumping Duty Administrative Review, 72 FR 52,052 (September 

12, 2007); (3) Certain Frozen Warmwater Shrimp From the Socialist 

Republic of Vietnam: Final Results and Final Partial Recission of 

Antidumping Duty Administrative Review, 73 FR 52,273 (September 9, 

2008); (4) Certain Frozen Warmwater Shrimp From the Socialist Republic 

of Vietnam: Final Results and Final Partial Recission of Antidumping 

Duty Administrative Review, 74 FR 47,191 (September 15, 2009); (5) 

Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: 

Preliminary Results, Partial Rescission, and Request for Revocation, in 

Part, of the Fourth Administrative Review, 75 FR 12,206 (March 15, 

2010), including denial of all requests for revocation; and (6) 

Initiation of Five-Year (``Sunset'') Review, 75 FR 103 (January 4, 

2010). Vietnam also challenges certain U.S. laws and regulations, 

including (1) the Tariff Act of 1930, as amended, sections 

771(18)(C)(i), 771(35)(A), 776(a)(2), 776(b), and 777A(c)(2)(B); (2) 

implementing regulations of the Department of Commerce, 19 CFR 351.204, 

351.408, and 351.414; and Import Administration Antidumping Manual, 

Chapter 10, ``Non-Market Economies.''

    Vietnam alleges that these laws and procedures are, as such and as 

applied in the determinations by the Department of Commerce, 

inconsistent with Articles I, II, VI:1, and VI:2 of the General 

Agreement on Tariffs and Trade 1994; Articles 1, 2.1, 2.4, 2.4.2, 5.8, 

6.8, 6.10, 9.1, 9.3, 9.4, 11.1, 11.2, 11.3, 11.4, 18.1, 18.3, and 18.4, 

and Annex II of the Agreement on Implementation of Article VI of the 

General Agreement on Tariffs and Trade 1994 (the Anti-Dumping 

Agreement); Article XVI:4 of the WTO Agreement; part I.2 of Vietnam's 

Protocol of Accession to the WTO; and Article 31 of the Vienna 

Convention on the Law of Treaties.

    Vietnam alleges that the United States acted inconsistently with 

the provisions identified above by applying so-called ``zeroing'' in 

the determination of the margins of dumping in the proceedings 

identified above, by repeatedly and consistently failing to provide 

most Vietnamese respondents seeking a review an opportunity to 

demonstrate the absence of dumping by being permitted to participate in 

a review, and by requiring companies to demonstrate their independence 

from government control and applying an adverse facts available rate to 

companies failing to do so in all reviews.



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:[sol][sol]www.regulations.gov docket 

number USTR-2010-0008. If you are unable to submit comments using 

http:[sol][sol]www.regulations.gov, please contact Sandy McKinzy at 

(202) 395-9483 to arrange for an alternative method of transmission.

    To submit comments via http:[sol][sol]www.regulations.gov, enter 

docket number USTR-2010-0008 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:[sol][sol]www.regulations.gov Web site, please consult the 

resources provided on the Web site by clicking on the ``Help'' link at 

the top of the home page.)

    The http:[sol][sol]www.regulations.gov Web 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 necessary and 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 business confidential 

information must certify that such information is business confidential 

and would not customarily be released to the public by the submitter. 

Business confidential 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 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 

http:[sol][sol]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 http:[sol][sol]www.ustr.gov, and the 

report of the panel, and, if applicable, the report of the Appellate 

Body, will be available on



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the Web site of the World Trade Organization, 

http:[sol][sol]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 http:[sol][sol]www.regulations.gov Web site.



Steven F. Fabry,

Assistant United States Trade Representative for Monitoring and 

Enforcement.

[FR Doc. 2010-13796 Filed 6-7-10; 8:45 am]

BILLING CODE 3190-W0-P