WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades From China, 68809-68810 [2011-28680]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Notices maximum of four months to travel and work in largely unskilled positions. The program has been in operation since 1963 and helps the Department reach a segment of the youth demographic that often does not have the means to visit the United States unless they can work to defray their costs. In 2011, approximately 103,000 foreign students will have participated in the SWT program. Roughly one million foreign post-secondary students have participated in the past decade. The SWT program supports public diplomacy efforts by fostering constructive, personal ties with foreign youth and offering them a positive view of the United States that they can then share in their home countries. The Department began an ongoing, comprehensive review of the Summer Work Travel program in spring 2010, which has resulted in significant changes to the existing regulations that govern administration of the program. A pilot program that placed more stringent requirements on participants from six countries (Russia, Ukraine, Bulgaria, Belarus, Moldova and Romania) was implemented for the 2011 season. A program-wide Interim Final Rule, which took effect on July 15, 2011: (a) Strengthens sponsor oversight requirements with respect to both program participants for whom sponsors are responsible and the third parties that sponsors rely upon to assist them in administering their programs (i.e., U.S. employers and foreign agents); (b) requires that participants from non-Visa Waiver Program countries be pre-placed in a job before the Form DS–2019 is issued; (c) requires sponsors to fully vet employers and all SWT job offers; and, (d) requires sponsors to contact current program participants on a monthly basis to monitor their welfare and whereabouts. Yet, despite these new regulations, the number of program complaints received this year continues to remain unacceptably high and includes, among other issues, reports of improper work placements, fraudulent job offers, job cancellations upon participant arrival in the United States, inappropriate work hours, and problems regarding housing and transportation. To ensure that these issues are appropriately addressed, the Department is continuing and augmenting its review of the Summer Work Travel program and its governing regulations. Until the Department completes its review and implements the next steps, currently designated sponsors may continue to operate under their present designations and current regulations at 22 CFR Part 62; however, VerDate Mar<15>2010 17:50 Nov 04, 2011 Jkt 226001 68809 until further notice, SWT program sponsors in business for the full 2011 calendar year will not be permitted to expand their number of program participants beyond their actual total 2011 participant program size. No new applications from prospective sponsors for SWT program designation will be accepted at this time. Dated: November 1, 2011. Thomas M. Countryman, Assistant Secretary of State for International Security and Nonproliferation. Dated: October 31, 2011. Rick A. Ruth, Deputy Assistant Secretary for Private Sector Exchange, Acting, Bureau of Educational and Cultural Affairs, Department of State. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [FR Doc. 2011–28810 Filed 11–4–11; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE of the Export Administration Act. (Volume 59 FR Public Notice 2143) [FR Doc. 2011–28808 Filed 11–4–11; 8:45 am] BILLING CODE 4710–27–P [Dispute No. WTO/DS422] WTO Dispute Settlement Proceeding Regarding United States—AntiDumping Measures on Certain Shrimp and Diamond Sawblades From China Office of the United States Trade Representative. ACTION: Notice; request for comments. [Public Notice: 7678] AGENCY: Bureau of International Security and Nonproliferation; Termination of Chemical and Biological Weapons (CBW) Proliferation Sanctions Against a Foreign Person SUMMARY: Department of State. Notice. AGENCY: ACTION: The United States Government has decided to terminate sanctions imposed on a foreign person who had engaged in CBW proliferation activities that required the imposition of sanctions pursuant to the Arms Export Control Act and the Export Administration Act of 1979. DATES: Effective Date: Upon publication in the Federal Register. FOR FURTHER INFORMATION CONTACT: Pamela K. Durham, Office of Missile, Biological, and Chemical Nonproliferation, Bureau of International Security and Nonproliferation, Department of State, Telephone (202) 647–4930. SUPPLEMENTARY INFORMATION: Pursuant to Sections 81(d) of the Arms Export Control Act (22 U.S.C. 2798(d)) and Section 11C(d) of the Export Administration Act of 1979, as amended (50 U.S.C. app. 2410c(d)), the Under Secretary of State for Arms Control and International Security determined and certified to Congress that reliable information indicated that the following foreign person has ceased to aid or abet any foreign government, project, or entity in its efforts to acquire chemical or biological weapons capability: SUMMARY: Gerhard Merz This determination and certification terminates the sanctions imposed on this foreign person in 1994 pursuant to Section 81(a) and (c) of the Arms Export Control Act and Section 11C(a) and (c) PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 The Office of the United States Trade Representative (‘‘USTR’’) is providing notice that the People’s Republic of China has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’). That request may be found at www.wto.org contained in a document designated as WT/DS422/3. 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 December 7, 2011, to be assured of timely consideration by USTR. ADDRESSES: Public comments should be submitted electronically to www.regulations.gov, docket number USTR–2011–0002. If you are unable to provide submissions by 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: Jared Wessel, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street NW., Washington, DC 20508, (202) 395– 3150. 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 E:\FR\FM\07NON1.SGM 07NON1 68810 Federal Register / Vol. 76, No. 215 / Monday, November 7, 2011 / Notices after the United States submits or receives a request for the establishment of a WTO dispute settlement panel. Consistent with this obligation, USTR is providing notice that a dispute settlement panel has been established pursuant to the WTO Dispute Settlement Understanding (‘‘DSU’’). The panel will hold its meetings in Geneva, Switzerland. mstockstill on DSK4VPTVN1PROD with NOTICES Major Issues Raised by China On December 8, 2004, the U.S. Department of Commerce published in the Federal Register notice of its affirmative final less-than-fair-value (‘‘LTFV’’) determination in the antidumping investigation concerning certain frozen and canned warmwater shrimp from China (69 FR 70997). On February 1, 2005, the Department of Commerce published notice of an amended final LTFV determination, along with an antidumping duty order (70 FR 5149). That amended final LTFV determination has been subsequently amended. On May 24, 2011, the Department of Commerce published notice of an amended final LTFV determination pursuant to a court decision (76 FR 30100). The latter two notices contain the most recent margins of LTFV sales. On May 22, 2006, the Department of Commerce published in the Federal Register notice of its affirmative final LTFV determination in the antidumping investigation concerning diamond sawblades and parts thereof from China (71 FR 29303). On June 22, 2006, the Department of Commerce published notice of an amended final LTFV determination (71 FR 35864) and on November 4, 2009 the Department published the antidumping duty order (74 FR 57145). The latter notice contains the most recent margins of LTFV sales. In its request for the establishment of a panel, China alleges that the Department of Commerce improperly calculated margins of dumping by ‘‘zeroing’’ so-called ‘‘negative dumping margins.’’ Based on the use of zeroing, China alleges that the final LTFV determinations and the antidumping duty orders are inconsistent with the first sentence of Article 2.4.2 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. In this regard, on March 6, 2006, the Department of Commerce announced that it will no longer use ‘‘zeroing’’ when making average-to-average comparisons in an antidumping investigation. See 71 FR 11189. VerDate Mar<15>2010 17:50 Nov 04, 2011 Jkt 226001 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 www.regulations.gov docket number USTR–2011–0002. If you are unable to provide submissions by www.regulations.gov, please contact Sandy McKinzy at (202) 395–9483 to arrange for an alternative method of transmission. To submit comments via www.regulations.gov, enter docket number USTR–2011–0002 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 search-results page, and click on the link entitled ‘‘Submit a Comment.’’ (For further information on using the 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 www.regulations.gov site provides the option of providing comments by filling in a ‘‘Type Comments’’ field, or by attaching a document using an ‘‘upload file’’ field. 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 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 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 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 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 www.regulations.gov. The non-confidential summary will be placed in the docket and open to public inspection. Pursuant to section 127(e) of the Uruguay Round Agreements Act (19 U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement proceeding accessible to the public at www.regulations.gov, docket number USTR–2011–0002. 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 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, www.wto.org. Comments open to public inspection may be viewed on the www.regulations.gov Web site. William Busis, Deputy Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. 2011–28680 Filed 11–4–11; 8:45 am] BILLING CODE 3190–W2–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Farm-to-Market 1626 in Texas Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitation on claims for judicial review of actions by FHWA and other Federal agencies. AGENCY: This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The SUMMARY: E:\FR\FM\07NON1.SGM 07NON1

Agencies

Office of the United States Trade Representative

[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Notices]
[Pages 68809-68810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28680]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS422]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Certain Shrimp and Diamond Sawblades From China

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

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

SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that the People's Republic of China has 
requested the establishment of a dispute settlement panel under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement''). That request may be found at www.wto.org contained in a 
document designated as WT/DS422/3. 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 December 7, 2011, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2011-0002. If you are unable to 
provide submissions by 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: Jared Wessel, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street NW., Washington, DC 20508, (202) 395-3150.

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

[[Page 68810]]

after the United States submits or receives a request for the 
establishment of a WTO dispute settlement panel. Consistent with this 
obligation, USTR is providing notice that a dispute settlement panel 
has been established pursuant to the WTO Dispute Settlement 
Understanding (``DSU''). The panel will hold its meetings in Geneva, 
Switzerland.

Major Issues Raised by China

    On December 8, 2004, the U.S. Department of Commerce published in 
the Federal Register notice of its affirmative final less-than-fair-
value (``LTFV'') determination in the antidumping investigation 
concerning certain frozen and canned warmwater shrimp from China (69 FR 
70997). On February 1, 2005, the Department of Commerce published 
notice of an amended final LTFV determination, along with an 
antidumping duty order (70 FR 5149). That amended final LTFV 
determination has been subsequently amended. On May 24, 2011, the 
Department of Commerce published notice of an amended final LTFV 
determination pursuant to a court decision (76 FR 30100). The latter 
two notices contain the most recent margins of LTFV sales.
    On May 22, 2006, the Department of Commerce published in the 
Federal Register notice of its affirmative final LTFV determination in 
the antidumping investigation concerning diamond sawblades and parts 
thereof from China (71 FR 29303). On June 22, 2006, the Department of 
Commerce published notice of an amended final LTFV determination (71 FR 
35864) and on November 4, 2009 the Department published the antidumping 
duty order (74 FR 57145). The latter notice contains the most recent 
margins of LTFV sales.
    In its request for the establishment of a panel, China alleges that 
the Department of Commerce improperly calculated margins of dumping by 
``zeroing'' so-called ``negative dumping margins.'' Based on the use of 
zeroing, China alleges that the final LTFV determinations and the 
antidumping duty orders are inconsistent with the first sentence of 
Article 2.4.2 of the Agreement on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994. In this regard, on March 
6, 2006, the Department of Commerce announced that it will no longer 
use ``zeroing'' when making average-to-average comparisons in an 
antidumping investigation. See 71 FR 11189.

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 www.regulations.gov docket number USTR-2011-
0002. If you are unable to provide submissions by www.regulations.gov, 
please contact Sandy McKinzy at (202) 395-9483 to arrange for an 
alternative method of transmission.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2011-0002 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 search-results page, and click on the 
link entitled ``Submit a Comment.'' (For further information on using 
the 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 www.regulations.gov site provides the option of providing 
comments by filling in a ``Type Comments'' field, or by attaching a 
document using an ``upload file'' field. 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 
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 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 www.regulations.gov. The non-confidential summary will be 
placed in the docket and open to public inspection.
    Pursuant to section 127(e) of the Uruguay Round Agreements Act (19 
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement 
proceeding accessible to the public at www.regulations.gov, docket 
number USTR-2011-0002. 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 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, www.wto.org. Comments 
open to public inspection may be viewed on the www.regulations.gov Web 
site.

William Busis,
Deputy Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2011-28680 Filed 11-4-11; 8:45 am]
BILLING CODE 3190-W2-P

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