WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum, 20476-20478 [2012-8018]

Download as PDF 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: VerDate Mar<15>2010 15:28 Apr 03, 2012 Jkt 226001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1 emcdonald on DSK29S0YB1PROD with NOTICES 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: VerDate Mar<15>2010 15:28 Apr 03, 2012 Jkt 226001 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 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 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 E:\FR\FM\04APN1.SGM 04APN1 20478 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: VerDate Mar<15>2010 15:28 Apr 03, 2012 Jkt 226001 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: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 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 04APN1

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]


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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