WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum, 20476-20478 [2012-8018]
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20476
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2012–8014 Filed 4–3–12; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
Interest Rates
The Small Business Administration
publishes an interest rate called the
optional ‘‘peg’’ rate (13 CFR 120.214) on
a quarterly basis. This rate is a weighted
average cost of money to the
government for maturities similar to the
average SBA direct loan. This rate may
be used as a base rate for guaranteed
fluctuating interest rate SBA loans. This
rate will be 2.250 (2 1⁄4) percent for the
April–June quarter of FY 2012.
Pursuant to 13 CFR 120.921(b), the
maximum legal interest rate for any
third party lender’s commercial loan
which funds any portion of the cost of
a 504 project (see 13 CFR 120.801) shall
be 6% over the New York Prime rate or,
if that exceeds the maximum interest
rate permitted by the constitution or
laws of a given State, the maximum
interest rate will be the rate permitted
by the constitution or laws of the given
State.
agreements with the foreign owners or
custodians. I also determine that the
exhibition or display of the exhibit
objects at the Museum of Russian Art,
Minneapolis, Minnesota, from on or
about August 18, 2012, until on or about
January 13, 2013, the Frye Art Museum,
Seattle, Washington, from on or about
February 2, 2013, until on or about
April 7, 2013, and at possible additional
exhibitions or venues yet to be
determined, is in the national interest.
I have ordered that Public Notice of
these Determinations be published in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: For
further information, including a list of
the exhibit objects, contact Paul W.
Manning, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6469). The
mailing address is U.S. Department of
State, SA–5, L/PD, Fifth Floor (Suite
5H03), Washington, DC 20522–0505.
Dated: March 28, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2012–8096 Filed 4–3–12; 8:45 am]
BILLING CODE 4710–05–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Public comments should be
submitted electronically to
www.regulations.gov, docket number
USTR 2012–0005. 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, or Ben Kostrzewa, Assistant
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 consultations have
been requested pursuant to the WTO
Understanding on Rules and Procedures
Governing the Settlement of Disputes
(‘‘DSU’’). If such consultations should
fail to resolve the matter and a dispute
settlement panel is established pursuant
to the DSU, such panel, which would
hold its meetings in Geneva,
Switzerland, would be expected to issue
a report on its findings and
recommendations within six to nine
months after it is established.
ADDRESSES:
Major Issues Raised by the United
States
Grady B. Hedgespeth,
Director, Office of Financial Assistance.
[Docket No. WTO/DS431]
[FR Doc. 2012–8012 Filed 4–3–12; 8:45 am]
On March 13, 2012, the United States
requested consultations regarding
China’s restraints on the export from
China of various forms of rare earths
(‘‘rare earths’’ include, but are not
AGENCY: Office of the United States
limited to, items falling under the
Trade Representative.
following eight-digit HS numbers
ACTION: Notice; request for comments.
identified in the Announcement No. 27
SUMMARY: The Office of the United
Issuing the 2012 Tariff Implementation
States Trade Representative (‘‘USTR’’) is Program (State Council Customs Tariff
providing notice that on March 13,
Commission, shuiweihui, No. 27, issued
2012, in accordance with the Marrakesh December 9, 2011, effective January 1,
Agreement Establishing the World Trade 2012) (hereinafter, the ‘‘2012 Tariff
Organization (‘‘WTO Agreement’’), the
Implementation Program’’): 25309020,
United States requested consultations
26122000, 28053011, 28053012,
regarding restraints on the export from
28053013, 28053014, 28053015,
China of various forms of rare earths,
28053016, 28053017, 28053019,
tungsten and molybdenum (the
28053021, 28053029, 28461010,
‘‘materials’’). That request may be found 28461020, 28461030, 28461090,
at www.wto.org contained in a
28469011, 28469012, 28469013,
document designated as WT/DS431/1.
28469014, 28469015, 28469016,
USTR invites written comments from
28469017, 28469019, 28469021,
the public concerning the issues raised
28469022, 28469023, 28469024,
in this dispute.
28469025, 28469026, 28469028,
28469029, 28469031, 28469032,
DATES: Although USTR will accept any
comments received during the course of 28469033, 28469034, 28469035,
28469036, 28469039, 28469041,
the dispute settlement proceedings,
28469042, 28469043, 28469044,
comments should be submitted on or
28469045, 28469046, 28469048,
before April 30, 2012 to be assured of
28469049, 28469091, 28469092,
timely consideration by USTR.
WTO Dispute Settlement Proceeding
Regarding China—Measures Related
to the Exportation of Rare Earths,
Tungsten and Molybdenum
BILLING CODE P
DEPARTMENT OF STATE
[Public Notice 7837]
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘Nicolai
Fechin’’
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, and Delegation of
Authority No. 236–3 of August 28, 2000
(and, as appropriate, Delegation of
Authority No. 257 of April 15, 2003), I
hereby determine that the objects to be
included in the exhibition ‘‘Nicolai
Fechin,’’ imported from abroad for
temporary exhibition within the United
States, are of cultural significance. The
objects are imported pursuant to loan
emcdonald on DSK29S0YB1PROD with NOTICES
SUMMARY:
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Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
28469093, 28469094, 28469095,
28469096, 28469099, 72029911,
72029919, 72029991, 72029999, and
72051000. Forms of rare earths also
include, but are not limited to, items
falling under the following 10-digit
Chinese Customs Commodity Codes
(‘‘CCC Codes’’), as identified in the
Notice on Issuing the ‘‘2012 Export
Licensing Management Commodities
List,’’ Ministry of Commerce and
General Administration of Customs
Notice No. 98 (December 30, 2011),
(hereinafter the ‘‘2012 Export Licensing
Management Commodities List’’):
2530902010, 2530902090, 2612200000,
2805301100, 2805301200, 2805301300,
2805301400, 2805301510, 2805301590,
2805301600, 2805301700, 2805301913,
2805301914, 2805301915, 2805301990,
2805302110, 2805302190, 2805302910,
2805302990, 2846101000, 2846102000,
2846103000, 2846109010, 2846109090,
2846901100, 2846901200, 2846901300,
2846901400, 2846901500, 2846901600,
2846901700, 2846901920, 2846901930,
2846901940, 2846901970, 2846901980,
2846901991, 2846901992, 2846901999,
2846902100, 2846902200, 2846902300,
2846902400, 2846902500, 2846902600,
2846902810, 2846902890, 2846902900,
2846903100, 2846903200, 2846903300,
2846903400, 2846903500, 2846903600,
2846903900, 2846904100, 2846904200,
2846904300, 2846904400, 2846904500,
2846904600, 2846904810, 2846904890,
2846904900, 2846909100, 2846909200,
2846909300, 2846909400, 2846909500,
2846909600, 2846909910, 2846909990,
7202991100, 7202991200, 7202991900,
7202999110, 7202999191, 7202999199,
and 7202999900. Forms of rare earths
may also include the following CCC
Codes listed in the Announcement
Regarding Export Declarations for Rare
Earth Products, (General Administration
of Customs, No. 37, issued May 27,
2011, effective June 1, 2011): 25309020,
26122000, 280530, 2846, 32065000,
36069011, 36069019, 38249099,
72029911, 72029912, 72029919,
72029991, 72029999, 72044900,
72051000, 72052100, and 85051110);
tungsten (‘‘tungsten’’ includes, but is
not limited to, items falling under the
following eight-digit HS numbers, as
identified in the 2012 Tariff
Implementation Program: 26209910,
28259011, 28259012, 28259019,
28418010, 28418020, 28418030,
28418040, 28418090, 28499020,
72028010, 72028020, 81011000,
81019400, and 81019700. Forms of
tungsten also include, but are not
limited to, items falling under the
following 10-digit CCC Codes, as
identified in the 2012 Export Licensing
Management Commodities List:
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2611000000, 2620991000, 2825901100,
2825901200, 2825901910, 2841801000,
2841802000, 2841803000, 2841804000,
2849902000, 3824300010, 7202801000,
7202802000, 8101100010, 8101100090,
8101940000, and 8101970000); and
molybdenum (‘‘molybdenum’’ includes,
but is not limited to, items falling under
the following eight-digit HS numbers, as
identified in the 2012 Tariff
Implementation Program: 26131000,
26139000, 28257000, 28417010,
28417090, 72027000, 81021000,
81029400, 81029700. Forms of
molybdenum also include, but are not
limited to, items falling under the
following 10-digit CCC Codes, as
identified in the 2012 Export Licensing
Management Commodities List:
2613100000, 2613900000, 2825700000,
2841701000, 2841709000, 7202700000,
8102100000, 8102940000, 8102970000,
and 8102990000).
These export restraints include:
Export duties on the materials;
quantitative restrictions such as quotas
on the export of the materials;
additional requirements and procedures
in connection with the administration of
the quantitative restrictions on the
export of the materials, including, but
not limited to, fees and formalities,
restrictions on the right to export such
as prior export experience requirements
and minimum capital requirements, and
other conditions that appear to treat
foreign-invested entities differently from
domestic entities; licensing
requirements on the export of the
materials, including in connection with
the administration of the quantitative
restrictions imposed on the materials;
and a minimum export price system for
the export of the materials. In addition,
China appears to administer these
export restraints and the requirements
and procedures in connection with the
export restraints in a manner that is not
uniform, impartial, reasonable, or
transparent. It further appears that
China imposes and administers these
export restraints through measures that
are not published.
USTR believes that these export
restraints and China’s administration of
and manner of imposing these export
restraints are inconsistent with China’s
obligations under Articles VII, VIII, X,
and XI of the General Agreement on
Tariffs and Trade 1994; paragraphs
2(A)2, 2(C)1, 5.1, 5.2, 7.2, 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
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20477
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 www.regulations.gov
docket number USTR 2012–0005. 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 2012–0005 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
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 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
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Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
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 2012–0005. 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.
Bradford Ward,
Acting Assistant United States Trade
Representative for Monitoring and
Enforcement.
[FR Doc. 2012–8018 Filed 4–3–12; 8:45 am]
BILLING CODE 3190–W2–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
emcdonald on DSK29S0YB1PROD with NOTICES
[Docket No. FRA–2012–0006–N–4]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration, DOT.
ACTION: Notice.
AGENCY:
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15:28 Apr 03, 2012
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In accordance with the
Paperwork Reduction Act of 1995 and
its implementing regulations, the
Federal Railroad Administration (FRA)
hereby announces that it is seeking
renewal of the following currently
approved information collection
activities. Before submitting these
information collection requirements for
clearance by the Office of Management
and Budget (OMB), FRA is soliciting
public comment on specific aspects of
the activities identified below.
DATES: Comments must be received no
later than June 4, 2012.
ADDRESSES: Submit written comments
on any or all of the following proposed
activities by mail to either: Mr. Robert
Brogan, Office of Safety, Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 17,
Washington, DC 20590, or Ms. Kimberly
Toone, Office of Information
Technology, RAD–20, Federal Railroad
Administration, 1200 New Jersey Ave.
SE., Mail Stop 35, Washington, DC
20590. Commenters requesting FRA to
acknowledge receipt of their respective
comments must include a self-addressed
stamped postcard stating, ‘‘Comments
on OMB control number 2130–___.’’
Alternatively, comments may be
transmitted via facsimile to (202) 493–
6216 or (202) 493–6497, or via email to
Mr. Brogan at robert.brogan@dot.gov, or
to Ms. Toone at kimberly.toone@dot.gov.
Please refer to the assigned OMB control
number in any correspondence
submitted. FRA will summarize
comments received in response to this
notice in a subsequent notice and
include them in its information
collection submission to OMB for
approval.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 17,
Washington, DC 20590 (telephone: (202)
493–6292) or Ms. Kimberly Toone,
Office of Information Technology, RAD–
20, Federal Railroad Administration,
1200 New Jersey Ave. SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, 2, 109 Stat.
163 (1995) (codified as revised at 44
U.S.C. §§ 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to
provide 60-days notice to the public for
comment on information collection
activities before seeking approval for
SUMMARY:
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reinstatement or renewal by OMB. 44
U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on the following summary of
proposed information collection
activities regarding (i) whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (ii)
the accuracy of FRA’s estimates of the
burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (iii) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (iv) ways for FRA to
minimize the burden of information
collection activities on the public by
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology (e.g., permitting electronic
submission of responses). See 44 U.S.C.
3506(c)(2)(A)(I)–(iv); 5 CFR
1320.8(d)(1)(I)–(iv). FRA believes that
soliciting public comment will promote
its efforts to reduce the administrative
and paperwork burdens associated with
the collection of information mandated
by Federal regulations. In summary,
FRA reasons that comments received
will advance three objectives: (i) Reduce
reporting burdens; (ii) ensure that it
organizes information collection
requirements in a ‘‘user friendly’’ format
to improve the use of such information;
and (iii) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
Below are brief summaries of eight
currently approved information
collection activities that FRA will
submit for clearance by OMB as
required under the PRA:
OMB Control Number: 2130–0006.
Type of Request: Extension of a
currently approved collection.
Affected Public: Businesses.
Form Number(s): N/A.
Abstract: The regulations pertaining
to railroad signal systems are contained
in 49 CFR parts 233 (Signal System
Reporting Requirements), 235
(Instructions Governing Applications for
Approval of a Discontinuance or
Material Modification of a Signal
System), and 236 (Rules, Standards, and
Instructions Governing the Installation,
Inspection, Maintenance, and Repair of
Systems, Devices, and Appliances).
Section 233.5 provides that each
railroad must report to FRA within 24
hours after learning of an accident or
incident arising from the failure of a
signal appliance, device, method, or
E:\FR\FM\04APN1.SGM
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Agencies
[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20476-20478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8018]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS431]
WTO Dispute Settlement Proceeding Regarding China--Measures
Related to the Exportation of Rare Earths, Tungsten and Molybdenum
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 13, 2012, in accordance
with the Marrakesh Agreement Establishing the World Trade Organization
(``WTO Agreement''), the United States requested consultations
regarding restraints on the export from China of various forms of rare
earths, tungsten and molybdenum (the ``materials''). That request may
be found at www.wto.org contained in a document designated as WT/DS431/
1. 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 April 30, 2012 to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR 2012-0005. 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, or Ben Kostrzewa, Assistant 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 consultations
have been requested pursuant to the WTO Understanding on Rules and
Procedures Governing the Settlement of Disputes (``DSU''). If such
consultations should fail to resolve the matter and a dispute
settlement panel is established pursuant to the DSU, such panel, which
would hold its meetings in Geneva, Switzerland, would be expected to
issue a report on its findings and recommendations within six to nine
months after it is established.
Major Issues Raised by the United States
On March 13, 2012, the United States requested consultations
regarding China's restraints on the export from China of various forms
of rare earths (``rare earths'' include, but are not limited to, items
falling under the following eight-digit HS numbers identified in the
Announcement No. 27 Issuing the 2012 Tariff Implementation Program
(State Council Customs Tariff Commission, shuiweihui, No. 27, issued
December 9, 2011, effective January 1, 2012) (hereinafter, the ``2012
Tariff Implementation Program''): 25309020, 26122000, 28053011,
28053012, 28053013, 28053014, 28053015, 28053016, 28053017, 28053019,
28053021, 28053029, 28461010, 28461020, 28461030, 28461090, 28469011,
28469012, 28469013, 28469014, 28469015, 28469016, 28469017, 28469019,
28469021, 28469022, 28469023, 28469024, 28469025, 28469026, 28469028,
28469029, 28469031, 28469032, 28469033, 28469034, 28469035, 28469036,
28469039, 28469041, 28469042, 28469043, 28469044, 28469045, 28469046,
28469048, 28469049, 28469091, 28469092,
[[Page 20477]]
28469093, 28469094, 28469095, 28469096, 28469099, 72029911, 72029919,
72029991, 72029999, and 72051000. Forms of rare earths also include,
but are not limited to, items falling under the following 10-digit
Chinese Customs Commodity Codes (``CCC Codes''), as identified in the
Notice on Issuing the ``2012 Export Licensing Management Commodities
List,'' Ministry of Commerce and General Administration of Customs
Notice No. 98 (December 30, 2011), (hereinafter the ``2012 Export
Licensing Management Commodities List''): 2530902010, 2530902090,
2612200000, 2805301100, 2805301200, 2805301300, 2805301400, 2805301510,
2805301590, 2805301600, 2805301700, 2805301913, 2805301914, 2805301915,
2805301990, 2805302110, 2805302190, 2805302910, 2805302990, 2846101000,
2846102000, 2846103000, 2846109010, 2846109090, 2846901100, 2846901200,
2846901300, 2846901400, 2846901500, 2846901600, 2846901700, 2846901920,
2846901930, 2846901940, 2846901970, 2846901980, 2846901991, 2846901992,
2846901999, 2846902100, 2846902200, 2846902300, 2846902400, 2846902500,
2846902600, 2846902810, 2846902890, 2846902900, 2846903100, 2846903200,
2846903300, 2846903400, 2846903500, 2846903600, 2846903900, 2846904100,
2846904200, 2846904300, 2846904400, 2846904500, 2846904600, 2846904810,
2846904890, 2846904900, 2846909100, 2846909200, 2846909300, 2846909400,
2846909500, 2846909600, 2846909910, 2846909990, 7202991100, 7202991200,
7202991900, 7202999110, 7202999191, 7202999199, and 7202999900. Forms
of rare earths may also include the following CCC Codes listed in the
Announcement Regarding Export Declarations for Rare Earth Products,
(General Administration of Customs, No. 37, issued May 27, 2011,
effective June 1, 2011): 25309020, 26122000, 280530, 2846, 32065000,
36069011, 36069019, 38249099, 72029911, 72029912, 72029919, 72029991,
72029999, 72044900, 72051000, 72052100, and 85051110); tungsten
(``tungsten'' includes, but is not limited to, items falling under the
following eight-digit HS numbers, as identified in the 2012 Tariff
Implementation Program: 26209910, 28259011, 28259012, 28259019,
28418010, 28418020, 28418030, 28418040, 28418090, 28499020, 72028010,
72028020, 81011000, 81019400, and 81019700. Forms of tungsten also
include, but are not limited to, items falling under the following 10-
digit CCC Codes, as identified in the 2012 Export Licensing Management
Commodities List: 2611000000, 2620991000, 2825901100, 2825901200,
2825901910, 2841801000, 2841802000, 2841803000, 2841804000, 2849902000,
3824300010, 7202801000, 7202802000, 8101100010, 8101100090, 8101940000,
and 8101970000); and molybdenum (``molybdenum'' includes, but is not
limited to, items falling under the following eight-digit HS numbers,
as identified in the 2012 Tariff Implementation Program: 26131000,
26139000, 28257000, 28417010, 28417090, 72027000, 81021000, 81029400,
81029700. Forms of molybdenum also include, but are not limited to,
items falling under the following 10-digit CCC Codes, as identified in
the 2012 Export Licensing Management Commodities List: 2613100000,
2613900000, 2825700000, 2841701000, 2841709000, 7202700000, 8102100000,
8102940000, 8102970000, and 8102990000).
These export restraints include: Export duties on the materials;
quantitative restrictions such as quotas on the export of the
materials; additional requirements and procedures in connection with
the administration of the quantitative restrictions on the export of
the materials, including, but not limited to, fees and formalities,
restrictions on the right to export such as prior export experience
requirements and minimum capital requirements, and other conditions
that appear to treat foreign-invested entities differently from
domestic entities; licensing requirements on the export of the
materials, including in connection with the administration of the
quantitative restrictions imposed on the materials; and a minimum
export price system for the export of the materials. In addition, China
appears to administer these export restraints and the requirements and
procedures in connection with the export restraints in a manner that is
not uniform, impartial, reasonable, or transparent. It further appears
that China imposes and administers these export restraints through
measures that are not published.
USTR believes that these export restraints and China's
administration of and manner of imposing these export restraints are
inconsistent with China's obligations under Articles VII, VIII, X, and
XI of the General Agreement on Tariffs and Trade 1994; paragraphs
2(A)2, 2(C)1, 5.1, 5.2, 7.2, 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 www.regulations.gov docket number USTR 2012-
0005. 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 2012-0005 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 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
[[Page 20478]]
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 2012-0005. 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.
Bradford Ward,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2012-8018 Filed 4-3-12; 8:45 am]
BILLING CODE 3190-W2-P