WTO Dispute Settlement Proceeding Regarding China-Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum, 44706-44707 [2012-18429]
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44706
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Notices
Public Viewing of Review Submissions
Submissions in response to this
notice, except for information granted
‘‘business confidential’’ status under 15
CFR 2003.6, will be available for public
viewing pursuant to 15 CFR 2007.6 at
www.regulations.gov upon completion
of processing and no later than
approximately two weeks after the
relevant due date. Such submissions
may be viewed by entering the docket
number USTR–2012–0013 in the search
field at: www.regulations.gov.
James Sanford,
Assistant U.S. Trade Representative for Small
Business, Market Access & Industrial
Competitiveness,Office of the U.S. Trade
Representative.
[FR Doc. 2012–18426 Filed 7–27–12; 8:45 am]
BILLING CODE 3290–F2–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
WTO Dispute Settlement Proceeding
Regarding China—Measures Related
to the Exportation of Rare Earths,
Tungsten and Molybdenum
Office of the United States
Trade Representative.
ACTION: Notice; request for comments.
AGENCY:
The Office of the United
States Trade Representative (‘‘USTR’’) is
providing notice that the United States
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/DS431/6.
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 August 27, 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
VerDate Mar<15>2010
17:34 Jul 27, 2012
Jkt 226001
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: 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
providing notice that a dispute
settlement panel has been requested
pursuant to the WTO Understanding on
Rules and Procedures Governing the
Settlement of Disputes (‘‘DSU’’). The
panel will hold its meetings in Geneva,
Switzerland.
Major Issues Raised by the United
States
[Dispute No. WTO/DS431]
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
On June 27, 2012, the United States
requested the establishment of a panel
regarding China’s restraints on the
export from China of various forms of
rare earths, tungsten and molybdenum
(collectively, the ‘‘materials’’). These
export restraints include export duties
on the materials; quantitative
restrictions such as quotas on the export
of the materials; and additional
requirements that impose restrictions on
the trading rights of enterprises seeking
to export various forms of rare earths
and molybdenum, such as prior export
performance and minimum registered
capital requirements. In addition, China
administers these export quotas on the
materials in a manner that is not
uniform, impartial, or reasonable, such
as by the use of criteria in the
application and allocation process that
lack definition or do not contain
sufficient guidelines or standards in
how they should be applied.
Forms of 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,
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
28469022, 28469023, 28469024,
28469025, 28469026, 28469028,
28469029, 28469031, 28469032,
28469033, 28469034, 28469035,
28469036, 28469039, 28469041,
28469042, 28469043, 28469044,
28469045, 28469046, 28469048,
28469049, 28469091, 28469092,
28469093, 28469094, 28469095,
28469096, 28469099, 72029911,
72029919, 72029991 and 72029999.
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,
7202999191 and 7202999199.
Forms of tungsten include, but are 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, 8101100010, 8101100090,
8101940000 and 8101970000.
E:\FR\FM\30JYN1.SGM
30JYN1
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Forms of molybdenum include, but
are 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 and 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 and
8102970000.
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 X and XI of
the General Agreement on Tariffs and
Trade 1994; paragraphs 2(A)2, 5.1 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 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.
VerDate Mar<15>2010
17:34 Jul 27, 2012
Jkt 226001
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
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 B
(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
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
44707
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 L. Ward,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. 2012–18429 Filed 7–27–12; 8:45 am]
BILLING CODE 3290–F2–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Commercial Space Transportation
Advisory Committee—Public
Teleconference
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of Commercial Space
Transportation Advisory Committee
Teleconference.
AGENCY:
Pursuant to Section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463, 5 U.S.C. App. 2), notice
is hereby given of three teleconferences
of the Systems Working Group of the
Commercial Space Transportation
Advisory Committee (COMSTAC). The
teleconferences will take place on:
Tuesday August 14, 2012, Tuesday
September 18, 2012, and Tuesday
October 23, 2012. All teleconferences
will begin at 1:00 p.m. Eastern Daylight
Time and will last approximately one
hour. Individuals who plan to
participate should contact Susan
Lender, Designated Federal Officer
(DFO), (the Contact Person listed below)
by phone or email for the teleconference
call in number.
The purpose of these three
teleconferences is to assist the FAA
early in its development of regulations
to protect occupants of commercial
suborbital and orbital spacecraft.
Although the FAA has not yet targeted
a date for proposing regulations to
protect the health and safety of crew
and space flight participants, the FAA
believes that the development of sound
and appropriate regulations for human
space flight can only be achieved with
a deliberate, multi-year effort. Moreover,
the FAA believes that early industry
input into this regulatory effort before
any formal proposal by the FAA is
critical.
Thus, the FAA would like to engage
with COMSTAC on a periodic basis,
SUMMARY:
E:\FR\FM\30JYN1.SGM
30JYN1
]]>Agencies
[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Pages 44706-44707]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18429]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute 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 the United States 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/DS431/6. 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 August 27, 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: 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 providing notice that a
dispute settlement panel has been requested pursuant to the WTO
Understanding on Rules and Procedures Governing the Settlement of
Disputes (``DSU''). The panel will hold its meetings in Geneva,
Switzerland.
Major Issues Raised by the United States
On June 27, 2012, the United States requested the establishment of
a panel regarding China's restraints on the export from China of
various forms of rare earths, tungsten and molybdenum (collectively,
the ``materials''). These export restraints include export duties on
the materials; quantitative restrictions such as quotas on the export
of the materials; and additional requirements that impose restrictions
on the trading rights of enterprises seeking to export various forms of
rare earths and molybdenum, such as prior export performance and
minimum registered capital requirements. In addition, China administers
these export quotas on the materials in a manner that is not uniform,
impartial, or reasonable, such as by the use of criteria in the
application and allocation process that lack definition or do not
contain sufficient guidelines or standards in how they should be
applied.
Forms of 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, 28469093, 28469094, 28469095,
28469096, 28469099, 72029911, 72029919, 72029991 and 72029999. 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, 7202999191 and 7202999199.
Forms of tungsten include, but are 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,
8101100010, 8101100090, 8101940000 and 8101970000.
[[Page 44707]]
Forms of molybdenum include, but are 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 and 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
and 8102970000.
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 X and XI of the
General Agreement on Tariffs and Trade 1994; paragraphs 2(A)2, 5.1 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 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 B
(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 L. Ward,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2012-18429 Filed 7-27-12; 8:45 am]
BILLING CODE 3290-F2-P
