WTO Dispute Settlement Proceeding Regarding United States-Countervailing Duty Measures on Certain Products from China, 57181-57182 [2012-22870]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Notices These allocations are based on each country’s historical shipments to the United States. The allocations of the inquota quantities of the raw cane sugar TRQ to countries that are net importers of sugar are conditioned on receipt of the appropriate verifications of origin, and certificates for quota eligibility must accompany imports from any country for which an allocation has been provided. On September 10, 2012, the Secretary announced the establishment of the inquota quantity of the FY 2013 refined sugar TRQ at 117,254 MTRV for which the sucrose content, by weight in the dry state, must have a polarimeter reading of 99.5 degrees or more. This amount includes the minimum amount to which the United States committed to provide market access under the WTO Agreement (22,000 MTRV of which 1,656 MTRV is reserved for specialty sugar) and an additional 95,254 MTRV for specialty sugars. USTR is allocating 12,050 MTRV of refined sugar to Canada and 8,294 MTRV of refined sugar to be administered on a first-come, firstserved basis. Imports of all specialty sugar will be administered on a first-come, firstserved basis in five tranches. The Secretary has announced that the total in-quota quantity of specialty sugar will be the 1,656 MTRV included under the U.S. WTO commitment plus an additional 95,254 MTRV. The first tranche of 1,656 MTRV will open October 12, 2012. All types of specialty sugars are eligible for entry under this tranche. The second tranche of 35,245 MTRV will open on October 26, 2012. The third, fourth, and fifth tranches of 20,003 MTRV each will open on January 11, 2013, April 11, 2013 and July 11, 2013, respectively. The second, third, fourth and fifth tranches will be reserved for organic sugar and other specialty sugars not currently produced commercially in the United States or reasonably available from domestic sources. With respect to the in-quota quantity of 64,709 metric tons (MT) of the TRQ for imports of certain sugar-containing products maintained under Additional U.S. Note 8 to Chapter 17 of the HTS, USTR is allocating 59,250 MT to Canada. The remainder, 5,459 MT, of the in-quota quantity is available for other countries on a first-come, firstserved basis. Raw cane sugar, refined and specialty sugar and sugar-containing products for FY 2013 TRQs may enter the United States as of October 1, 2012. VerDate Mar<15>2010 19:43 Sep 14, 2012 Jkt 226001 *Conversion factor: 1 metric ton = 1.10231125 short tons. Ron Kirk, Ambassador, United States Trade Representative. [FR Doc. 2012–22868 Filed 9–14–12; 8:45 am] BILLING CODE 3190–W2–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS437] 57181 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 established pursuant to the WTO Dispute Settlement Understanding (‘‘DSU’’). The panel will hold its meetings in Geneva, Switzerland. Major Issues Raised by China On August 20, 2012, China requested the establishment of a panel concerning the determinations to initiate countervailing duty investigations and AGENCY: Office of the United States the preliminary and final countervailing Trade Representative. duty determinations and countervailing ACTION: Notice; request for comments. duty orders issued by the DOC on the following imports from China: SUMMARY: The Office of the United Lightweight Thermal Paper States Trade Representative (AUSTR@) (Investigation C–570–921); Circular is providing notice that on August 20, Welded Austenitic Stainless Pressure 2012, the People’s Republic of China Pipe (Investigation C–570–931); Certain (‘‘China’’) requested the establishment Circular Welded Carbon Quality Steel of a dispute settlement panel with the Line Pipe (Investigation C–570–936); United States under the Marrakesh Agreement Establishing the World Trade Citric Acid and Certain Citrate Salts (Investigation C–570–938); Certain Tow Organization (‘‘WTO Agreement’’) Behind Lawn Groomers and Certain concerning countervailing duty Parts Thereof (Investigation C–570–940); determinations and orders by the Certain Kitchen Appliance Shelving and Department of Commerce (‘‘DOC’’) on Racks (Investigation C–570–942); imports of the products from China Certain Oil Country Tubular Goods listed below. The panel request may be (Investigation C–570–944); Pre-Stressed found at www.wto.org contained in a Concrete Steel Wire Strand document designated as WT/DS437/2. (Investigation C–570–946); Certain Steel USTR invites written comments from Grating (Investigation C–570–948); Wire the public concerning the issues raised Decking (Investigation C–570–950); in this dispute. Certain Magnesia Carbon Bricks DATES: Although USTR will accept any (Investigation C–570–955); Certain comments received during the course of Seamless Carbon and Alloy Steel the dispute settlement proceedings, Standard Line and Pressure Pipe comments should be submitted on or (Investigation C–570–957); Certain before November 2, 2012, to be assured Coated Paper Suitable for High-Quality of timely consideration by USTR. Print Graphics Using Sheet-Fed Presses ADDRESSES: Public comments should be (Investigation C–570–959); Drill Pipe submitted electronically to (Investigation C–570–966); Aluminum www.regulations.gov, docket number Extrusions (Investigation C–570–968); USTR–2012–0010. If you are unable to Multilayered Wood Flooring provide submissions by (Investigation C–570–971); Certain Steel www.regulations.gov, please contact Wheels (Investigation C–570–974); Steel Sandy McKinzy at (202) 395–9483 to Wire (Investigation C–570–976); High arrange for an alternative method of Pressure Steel Cylinders (Investigation transmission. C–570–978); Crystalline Silicon If (as explained below) the comment Photovoltaic Cells, Whether or Not contains confidential information, then Assembled Into Modules (Investigation the comment should be submitted by C–570–980); Utility Scale Wind Towers fax only to Sandy McKinzy at (202) (Investigation C–570–982); and Drawn 395–3640. Stainless Steel Sinks (Investigation C– FOR FURTHER INFORMATION CONTACT: Ben 570–984) (together, the ‘‘challenged Kostrzewa, Assistant General Counsel, determinations and orders’’). China Office of the United States Trade alleges that the United States acted Representative, 600 17th Street NW., inconsistently with Article VI of the Washington, DC 20508, (202) 395–9579. General Agreement on Tariffs and Trade 1994 (‘‘GATT 1994’’); Articles 1, 2, 10, SUPPLEMENTARY INFORMATION: Section 11, 12, 14, and 32 the Agreement on 127(b) of the Uruguay Round WTO Dispute Settlement Proceeding Regarding United States— Countervailing Duty Measures on Certain Products from China PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\17SEN1.SGM 17SEN1 57182 Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Subsidies and Countervailing Measures (‘‘SCM Agreement’’); and Article 15 the Protocol on the Accession of the People’s Republic of China (‘‘Protocol of Accession’’). The challenged determinations and orders are available at the following web page of the Department of Commerce: https:// ia.ita.doc.gov/frn/. China also states that it is requesting the establishment of a panel with respect to the ‘‘rebuttable presumption’’ established and applied by the DOC, under which the DOC considers majority government ownership of an enterprise sufficient to determine that an enterprise is a ‘‘public body’’ within the meaning of Article 1.1 of the SCM Agreement, unless a party is able to demonstrate that majority government ownership does not result in ‘control’ of the enterprise.’’ The panel request was largely similar to the consultations request filed on May 25, 2012. 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–2012–0010. 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–2012–0010 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 AType 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 VerDate Mar<15>2010 19:43 Sep 14, 2012 Jkt 226001 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 andy McKinzy at (202) 395–3640. A non-confidential summary of the confidential information must be submitted to www.regulations.gov. The nonconfidential summary will be placed in the docket and open to public inspection. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter: (1) Must clearly so designate the information or advice; (2) Must clearly mark the material as ‘‘SUBMITTED IN CONFIDENCE’’ at the top and bottom of the cover page and each succeeding page; and (3) Must provide a non-confidential summary of the information or advice. Any comment containing confidential information must be submitted by fax. 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–2012–0010. The public file will include nonconfidential 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 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 inspection may be viewed on the www.regulations.gov Web site. Juan Millan, Acting Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. 2012–22870 Filed 9–14–12; 8:45 am] BILLING CODE 3290–F2–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0031] Agency Information Collection Activities; Extension of CurrentlyApproved Information Collection Request: Quarterly Report of Class I Motor Carriers of Property (Formerly OMB 2139–0002) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval. FMCSA requests approval to revise an ICR entitled, ‘‘Quarterly Report of Class I Motor Carriers of Property (formerly OMB 2139–0002),’’ which the Agency uses to ensure that motor carriers comply with its financial and operating statistics requirements in chapter III of title 49 CFR part 369 entitled, ‘‘Reports of Motor Carriers.’’ FMCSA invites public comment on this ICR. On April 20, 2012, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. In response to the above notice, the Agency received one comment from the National Motor Freight Traffic Association, Inc. (NMFTA), which requested that these reports no longer be required. FMCSA may consider this request in a future rulemaking regarding this information collection requirement. DATES: Please send your comments by October 17, 2012. OMB must receive your comments by this date in order to act quickly on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2012–0031. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of SUMMARY: E:\FR\FM\17SEN1.SGM 17SEN1

Agencies

Office of the United States Trade Representative

[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Notices]
[Pages 57181-57182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22870]


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

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS437]


WTO Dispute Settlement Proceeding Regarding United States--
Countervailing Duty Measures on Certain Products from China

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

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

SUMMARY: The Office of the United States Trade Representative (AUSTR@) 
is providing notice that on August 20, 2012, the People's Republic of 
China (``China'') requested the establishment of a dispute settlement 
panel with the United States under the Marrakesh Agreement Establishing 
the World Trade Organization (``WTO Agreement'') concerning 
countervailing duty determinations and orders by the Department of 
Commerce (``DOC'') on imports of the products from China listed below. 
The panel request may be found at www.wto.org contained in a document 
designated as WT/DS437/2. 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 November 2, 2012, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2012-0010. 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: Ben Kostrzewa, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street NW., Washington, DC 20508, (202) 395-9579.

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 established pursuant to the WTO 
Dispute Settlement Understanding (``DSU''). The panel will hold its 
meetings in Geneva, Switzerland.

Major Issues Raised by China

    On August 20, 2012, China requested the establishment of a panel 
concerning the determinations to initiate countervailing duty 
investigations and the preliminary and final countervailing duty 
determinations and countervailing duty orders issued by the DOC on the 
following imports from China: Lightweight Thermal Paper (Investigation 
C-570-921); Circular Welded Austenitic Stainless Pressure Pipe 
(Investigation C-570-931); Certain Circular Welded Carbon Quality Steel 
Line Pipe (Investigation C-570-936); Citric Acid and Certain Citrate 
Salts (Investigation C-570-938); Certain Tow Behind Lawn Groomers and 
Certain Parts Thereof (Investigation C-570-940); Certain Kitchen 
Appliance Shelving and Racks (Investigation C-570-942); Certain Oil 
Country Tubular Goods (Investigation C-570-944); Pre-Stressed Concrete 
Steel Wire Strand (Investigation C-570-946); Certain Steel Grating 
(Investigation C-570-948); Wire Decking (Investigation C-570-950); 
Certain Magnesia Carbon Bricks (Investigation C-570-955); Certain 
Seamless Carbon and Alloy Steel Standard Line and Pressure Pipe 
(Investigation C-570-957); Certain Coated Paper Suitable for High-
Quality Print Graphics Using Sheet-Fed Presses (Investigation C-570-
959); Drill Pipe (Investigation C-570-966); Aluminum Extrusions 
(Investigation C-570-968); Multilayered Wood Flooring (Investigation C-
570-971); Certain Steel Wheels (Investigation C-570-974); Steel Wire 
(Investigation C-570-976); High Pressure Steel Cylinders (Investigation 
C-570-978); Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules (Investigation C-570-980); Utility Scale Wind 
Towers (Investigation C-570-982); and Drawn Stainless Steel Sinks 
(Investigation C-570-984) (together, the ``challenged determinations 
and orders''). China alleges that the United States acted 
inconsistently with Article VI of the General Agreement on Tariffs and 
Trade 1994 (``GATT 1994''); Articles 1, 2, 10, 11, 12, 14, and 32 the 
Agreement on

[[Page 57182]]

Subsidies and Countervailing Measures (``SCM Agreement''); and Article 
15 the Protocol on the Accession of the People's Republic of China 
(``Protocol of Accession''). The challenged determinations and orders 
are available at the following web page of the Department of Commerce: 
https://ia.ita.doc.gov/frn/.
    China also states that it is requesting the establishment of a 
panel with respect to the ``rebuttable presumption'' established and 
applied by the DOC, under which the DOC considers majority government 
ownership of an enterprise sufficient to determine that an enterprise 
is a ``public body'' within the meaning of Article 1.1 of the SCM 
Agreement, unless a party is able to demonstrate that majority 
government ownership does not result in `control' of the enterprise.''
    The panel request was largely similar to the consultations request 
filed on May 25, 2012.

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-
0010. 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-2012-0010 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 AType 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 andy McKinzy at (202) 395-3640. A non-confidential summary of the 
confidential information must be submitted to www.regulations.gov. The 
non-confidential summary will be placed in the docket and open to 
public inspection.
    Information or advice contained in a comment submitted, other than 
business confidential information, may be determined by USTR to be 
confidential in accordance with section 135(g)(2) of the Trade Act of 
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information 
or advice may qualify as such, the submitter:
    (1) Must clearly so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
    at the top and bottom of the cover page and each succeeding page; 
and
    (3) Must provide a non-confidential summary of the information or 
advice.
    Any comment containing confidential information must be submitted 
by fax. A non-confidential summary of the confidential information must 
be submitted to www.regulations.gov. The non-confidential summary will 
be placed in the docket and open to public inspection. Pursuant to 
section 127(e) of the Uruguay Round Agreements Act (19 U.S.C. 3537(e)), 
USTR will maintain a docket on this dispute settlement proceeding 
accessible to the public at www.regulations.gov, docket number USTR-
2012-0010.
    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.

Juan Millan,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2012-22870 Filed 9-14-12; 8:45 am]
BILLING CODE 3290-F2-P

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