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

Download as PDF Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices the Department of State, Harold Hongju Koh, and will be open to the public up to the capacity of the meeting room. It is anticipated that the agenda of the meeting will cover a range of current international legal topics, including the International Criminal Court review conference and ad hoc international criminal tribunals; the law of war regarding detention, targeting, and prosecution; binding international agreements and non-binding arrangements; nuclear nonproliferation; international cooperation on piracy; the international responsibility of international organizations, and the International Law Commission. Members of the public will have an opportunity to participate in the discussion. Members of the public who wish to attend the session should, by Tuesday, June 15, 2010, notify the Office of the Legal Adviser (telephone: 202–776– 8323) of their name, professional affiliation, address, and telephone number. A valid photo ID is required for admittance. A member of the public who needs reasonable accommodation should make his or her request by June 14, 2010; requests made after that time will be considered but might not be possible to accommodate. Dated: June 2, 2010. David DeBartolo, Executive Director, Office of Claims and Investment Disputes, Office of the Legal Adviser, Advisory Committee on International Law, Department of State. [FR Doc. 2010–13704 Filed 6–7–10; 8:45 am] BILLING CODE 4710–08–P DEPARTMENT OF STATE [Public Notice: 7037] emcdonald on DSK2BSOYB1PROD with NOTICES Overseas Schools Advisory Council Notice of Meeting The Overseas Schools Advisory Council, Department of State, will hold its Annual Meeting on Thursday, June 24, 2010, at 9:30 a.m. in Conference Room 1107, Department of State Building, 2201 C Street, NW., Washington, DC. The meeting is open to the public and will last until approximately 12 p.m. The Overseas Schools Advisory Council works closely with the U.S. business community in improving those American-sponsored schools overseas that are assisted by the Department of State and attended by dependents of U.S. Government families and children of employees of U.S. corporations and foundations abroad. This meeting will deal with issues related to the work and the support VerDate Mar<15>2010 16:31 Jun 07, 2010 Jkt 220001 provided by the Overseas Schools Advisory Council to the Americansponsored overseas schools. The agenda includes a review of the projects selected for the 2009 and 2010 Educational Assistance Program, which are under development, and a presentation by Dr. Barry McCombs, Director, Colegio Nueva Granada, Bogota, Colombia on the school’s community service learning program that helps provide a basic education to disadvantaged local students. Members of the public may attend the meeting and join in the discussion, subject to the instructions of the Chair. Admittance of public members will be limited to the seating available. Access to the State Department is controlled, and individual building passes are required for all attendees. Persons who plan to attend should so advise the office of Dr. Keith D. Miller, Department of State, Office of Overseas Schools, Room H328, SA–1, Washington, DC 20522–0132, telephone 202–261–8200, prior to June 14, 2010. Each visitor will be asked to provide his/her date of birth and either driver’s license or passport number at the time of registration and attendance, and must carry a valid photo ID to the meeting. This data is requested pursuant to Public Law 99– 399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107–56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate the identity of individuals who enter Department facilities. The data will be entered into the Visitor Access Control System (VACS–D) database. Please see the Privacy Impact Assessment for VACS–D at http://www.state.gov/ documents/organization/100305.pdf for additional information. Any requests for reasonable accommodation should be made at the time of registration. All such requests will be considered, however, requests made after June 14th might not be possible to fill. All attendees must use the C Street entrance to the building. Dated: June 2, 2010. Keith D. Miller, Executive Secretary, Overseas Schools Advisory Council. [FR Doc. 2010–13714 Filed 6–7–10; 8:45 am] BILLING CODE 4710–24–P PO 00000 Frm 00179 Fmt 4703 Sfmt 4703 32533 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS404] WTO Dispute Settlement Proceeding Regarding United States—AntiDumping Measures on Certain Shrimp From Viet Nam 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 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:// www.regulations.gov, docket number USTR–2010–0008. If you are unable to submit comments using 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 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 E:\FR\FM\08JNN1.SGM 08JNN1 32534 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES 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 VerDate Mar<15>2010 16:31 Jun 07, 2010 Jkt 220001 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:// www.regulations.gov docket number USTR–2010–0008. If you are unable to submit comments using 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–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:// 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://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 PO 00000 Frm 00180 Fmt 4703 Sfmt 4703 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 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 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, will be made available to the public on USTR’s Web site at http:// www.ustr.gov, and the report of the panel, and, if applicable, the report of the Appellate Body, will be available on E:\FR\FM\08JNN1.SGM 08JNN1 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices the Web site of the World Trade Organization, http://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://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 DEPARTMENT OF TRANSPORTATION Office of the Secretary emcdonald on DSK2BSOYB1PROD with NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Under Subpart B; Week Ending May 22, 2010 Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under subpart B (formerly subpart Q) during the Week Ending May 22, 2010. The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under subpart B (formerly subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: DOT–OST–2010– 0126. Date Filed: May 18, 2010. Due Date for Answers, Conforming Applications, or Motion To Modify Scope: June 8, 2010. Description: Application of CarlsbadPalomar Airlines, Inc. requesting a certificate of public convenience and necessity to engage in scheduled interstate air transportation of persons, property and cargo. DEPARTMENT OF TRANSPORTATION IntelliDriveSM DEPARTMENT OF TRANSPORTATION ITS Joint Program Office; Deployment Scenarios Workshop; Notice of Workshop Surface Transportation Board Research and Innovative Technology Administration, Department of Transportation. ACTION: Notice. Elgin, Joliet & Eastern Railway Company—Abandonment Exemption— in Lake County, IN. AGENCY: This notice announces a two-day IntelliDrive Deployment Scenarios Workshop to present and discuss the four draft IntelliDrive deployment scenarios that have been recently developed in response to key stakeholder input. The purpose of the workshop is to provide input to the U.S. DOT as it refines IntelliDrive research plans about potential future paths for IntelliDrive deployment. Discussions will be framed around four scenarios developed through stakeholder inputs. The workshop will engage participants to identify advantages and disadvantages of each of the draft scenarios and critical policy and institutional research needs. The Tuesday session will provide an overview of the four draft scenarios. The Wednesday session will consist of break-out groups to explore each of the four scenarios in detail as well as a concluding session that summarizes the findings from the workshop. The workshop will be held on June 22–23, 2010, at the Washington Dulles Airport Marriott, 45020 Aviation Drive, Dulles, Virginia. Following is the workshop preliminary agenda: Day one; (1) Welcome remarks; (2) Expected outcomes from the workshop; (3) Overview of IntelliDrive deployment scenarios; (4) Identification of major issues and parameters for day two discussion; and (5) Questions and answers and instructions for day two. Day two; (1) Break-out sessions on deployment scenarios; (2) Report on break-out sessions; and (3) Outcomes, key takeaways, and summary. The workshop will be open to the public and registration is free of charge using the ITS America registration process (http://www.itsa.org/itsa/files/ pdf/Registrtion%20Form%20 Deployment%205-13-10.pdf). Please fax your completed registration form to Brei Whitty at 202–484–3483 no later than June 15, 2010. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. Issued in Washington, DC, on the 2nd day of June 2010. John Augustine, Managing Director, ITS Joint Program Office. [FR Doc. 2010–13656 Filed 6–7–10; 8:45 am] [FR Doc. 2010–13658 Filed 6–7–10; 8:45 am] BILLING CODE 4910–9X–P [Docket No. AB 117 (Sub-No. 7X)] Elgin, Joliet & Eastern Railway Company (EJ&E) filed a verified notice of exemption under 49 CFR part 1152 subpart F–Exempt Abandonments to abandon its line of railroad between milepost 46.10 and milepost 48.28, a distance of 2.18 miles, in Hammond, Lake County, Ind. The line traverses United States Postal Service Zip Code 46320. EJ&E has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic to be rerouted; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad and The Union Pacific Railroad Co.— Abandonment Portion Goshen Branch Between Firth and Ammon, In Bingham and Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on July 8, 2010, unless stayed pending reconsideration.1 Petitions to stay that do not involve environmental issues,2 1 Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a verified notice with the Board at least 50 days before an abandonment or discontinuance is to be consummated. EJ&E has indicated a proposed consummation date of July 6, 2010, but, because the verified notice was filed on May 19, 2010, the earliest this transaction may be consummated is July 8, 2010. 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of BILLING CODE 4910–HY–P VerDate Mar<15>2010 16:31 Jun 07, 2010 Jkt 220001 32535 PO 00000 Frm 00181 Fmt 4703 Continued Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[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]



=======================================================================

-----------------------------------------------------------------------



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.



-----------------------------------------------------------------------



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



[[Page 32535]]



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