WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping and Countervailing Duties on Certain Automobiles From the United States, 61818-61819 [2012-25053]

Download as PDF 61818 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Notices OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS440] WTO Dispute Settlement Proceeding Regarding United States—AntiDumping and Countervailing Duties on Certain Automobiles From the United States 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 on September 18, 2012, the United States requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’) with the People’s Republic of China (‘‘China’’) concerning China’s antidumping and countervailing duties on certain automobiles from the United States. That request may be found at www.wto.org in a document designated as WT/DS440/2. 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 16, 2012, to be assured of timely consideration by USTR. ADDRESSES: Public comments should be submitted electronically to www.regulations.gov, docket number USTR–2012–0016. If you are unable to provide submissions at 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: Dan Stirk, Associate General Counsel, Office of the United States Trade Representative; or Joseph Rieras, Assistant General Counsel, Office of the United States Trade Representative. Contact information is: 600 17th Street NW., Washington, DC 20508, (202) 395– 3150. SUPPLEMENTARY INFORMATION: Section 127(b)(1) 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 pmangrum on DSK3VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 14:03 Oct 10, 2012 Jkt 229001 providing notice that the United States has requested a panel pursuant to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (‘‘DSU’’). Once it is established, the panel will hold its meetings in Geneva, Switzerland, and would be expected to issue a report on its findings and recommendations within nine months after it is established. Major Issues Raised by the United States The United States considers that certain measures imposing antidumping and countervailing duties on certain automobiles from the United States are inconsistent with China’s obligations under the WTO Agreement. The measures are set forth in the Ministry of Commerce of the People’s Republic of China (‘‘MOFCOM’’) Notice No. 20 [2011] and Notice No. 84 [2011], including any and all annexes. These measures appear to be inconsistent with Articles 1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.4, 6.5.1, 6.8, 6.9, 12.2, 12.2.2, and Paragraph 1 of Annex II of the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (‘‘AD Agreement’’); Articles 10, 11.4, 12.4.1, 12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 16.1, 22.3, and 22.5 of the WTO Agreement on Subsidies and Countervailing Measures (‘‘SCM Agreement’’); and Article VI of the General Agreement on Tariffs and Trade 1994 (‘‘GATT 1994’’). On July 5, 2012, the United States requested consultations with China. That request may be found at www.wto.org contained in a document designated as WT/ DS440/1. The United States and China held consultations on August 23, 2012, but the consultations did not resolve the matter. 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–2012–0016. If you are unable to provide submissions at 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–2012–0016 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 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Type’’ on the left side of the searchresults page, and click on the link entitled ‘‘Comment Now!.’’ (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 Regulations.gov Site’’ on the bottom of the 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 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 E:\FR\FM\11OCN1.SGM 11OCN1 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Notices 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–2012–0016. 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. Juan Millan, Acting Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. 2012–25053 Filed 10–10–12; 8:45 am] BILLING CODE 3290–F3–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Dispute No. WTO/DS449] WTO Dispute Settlement Proceeding Regarding United States— Countervailing and Anti-Dumping Measures on Certain Products From China 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 on September 17, 2012, the People’s Republic of China (‘‘China’’) requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’) concerning Public Law 112–99, ‘‘An act to apply the countervailing duty provisions of the Tariff Act of 1930 to nonmarket economy countries, and for other purposes’’ (‘‘Pub. L. 112–99’’), and the countervailing and anti-dumping duty determinations and actions by the Department of Commerce, the U.S. International Trade Commission and the U.S. Customs and Border Protection on imports of the products from China listed below. That request may be found at www.wto.org contained in a document designated as WT/DS449/1. pmangrum on DSK3VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 14:03 Oct 10, 2012 Jkt 229001 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 1, 2012, to be assured of timely consideration by USTR. ADDRESSES: Public comments should be submitted electronically to www.regulations.gov, docket number USTR–2012–0031. 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: Lisa Wang, Assistant General Counsel, or Joseph Rieras, 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 nine months after it is established. Major Issues Raised by China On September 17, 2012, China requested consultations concerning: (1) Section 1 of Public Law 112–99, ‘‘Application of Countervailing Duty Provisions to Nonmarket Economy Countries’’; and (2) Section 2 of Public Law 112–99, ‘‘Adjustment of Antidumping Duty in Certain Proceedings Relating to Imports from Nonmarket Economy Countries.’’ China also challenges the concurrent application of anti-dumping and countervailing duties under the nonmarket economy methodology with respect to the following investigations and reviews initiated between November 20, 2006 and March 13, 2012 on imports from China: Coated Free Sheet Paper (C–570–907); Circular Welded Carbon Quality Steel Pipe (C– 570–911); Light-Walled Rectangular Pipe and Tube (C–570–915); Laminated PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 61819 Woven Sacks (C–570–917); Certain New Pneumatic Off-The-Road Tires; (C–570– 913); Certain New Pneumatic Off-TheRoad Tires, Administrative Review (C– 570–913); Raw Flexible Magnets (C– 570–923); Lightweight Thermal Paper (C–570–921); Sodium Nitrite (C–570– 926); Circular Welded Austenitic Stainless Pressure Pipe (C–570–931); Certain Circular Welded Carbon Quality Steel Line Pipe (C–570–936); Citric Acid and Certain Citrate Salts (C–570–938); Citric Acid and Certain Citrate Salts, Administrative Review (C–570–938); Certain Tow Behind Lawn Groomers and Certain Parts Thereof (C–570–940); Certain Kitchen Appliance Shelving and Racks (C–570–942); Certain Kitchen Appliance Shelving and Racks, Administrative Review (C–570–942), Certain Oil Country Tubular Goods (C– 570–944), Prestressed Concrete Steel Wire Strand (C–570–946); Certain Steel Grating (C–570–948); Wire Decking (C– 570–950); Narrow Woven Ribbons With Woven Selvedge (C–570–953); Certain Magnesia Carbon Bricks (C–570–955); Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe (C–570–957); Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses (C–570–959); Certain Potassium Phosphate Salts (C– 570–963); Drill Pipe (C–570–966); Aluminum Extrusions (C–570–968); Multilayered Wood Flooring (C–570– 971); Certain Steel Wheels (C–570–974); Galvanized Steel Wire (C–570–976); High Pressure Steel Cylinders (C–570– 978); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, (C–570–980); Utility Scale Wind Towers (C–570–982); Drawn Stainless Steel Sinks (C–570–984); Coated Free Sheet Paper (A–570–906); Circular Welded Carbon Quality Steel Pipe (A–570–910); Light-Walled Rectangular Pipe and Tube (A–570– 916); Laminated Woven Sacks (A–570– 914); Certain New Pneumatic Off-TheRoad Tires (A–570–912); Certain New Pneumatic Off-The-Road Tires, Administrative Review (A–570–912); Raw Flexible Magnets (A–570–922); Lightweight Thermal Paper (A–570– 920); Sodium Nitrite (A–570–925); Circular Welded Austenitic Stainless Pressure Pipe (A–570–930); Certain Circular Welded Carbon Quality Steel Line Pipe (A–570–935); Citric Acid and Certain Citrate Salts (A–570–937); Citric Acid and Certain Citrate Salts, Administrative Review (A–570–937); Certain Tow Behind Lawn Groomers and Certain Parts Thereof (A–570–939); Certain Kitchen Appliance Shelving and Racks (A–570–941); Certain Kitchen Appliance Shelving and Racks, E:\FR\FM\11OCN1.SGM 11OCN1

Agencies

Office of the United States Trade Representative

[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61818-61819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25053]



[[Page 61818]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS440]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping and Countervailing Duties on Certain Automobiles From the 
United States

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 September 18, 2012, the United 
States requested the establishment of a dispute settlement panel under 
the Marrakesh Agreement Establishing the World Trade Organization 
(``WTO Agreement'') with the People's Republic of China (``China'') 
concerning China's anti-dumping and countervailing duties on certain 
automobiles from the United States. That request may be found at 
www.wto.org in a document designated as WT/DS440/2. 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 16, 2012, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2012-0016. If you are unable to 
provide submissions at 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: Dan Stirk, Associate General Counsel, 
Office of the United States Trade Representative; or Joseph Rieras, 
Assistant General Counsel, Office of the United States Trade 
Representative. Contact information is: 600 17th Street NW., 
Washington, DC 20508, (202) 395-3150.

SUPPLEMENTARY INFORMATION: Section 127(b)(1) 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 
the United States has requested a panel pursuant to the WTO 
Understanding on Rules and Procedures Governing the Settlement of 
Disputes (``DSU''). Once it is established, the panel will hold its 
meetings in Geneva, Switzerland, and would be expected to issue a 
report on its findings and recommendations within nine months after it 
is established.

Major Issues Raised by the United States

    The United States considers that certain measures imposing 
antidumping and countervailing duties on certain automobiles from the 
United States are inconsistent with China's obligations under the WTO 
Agreement. The measures are set forth in the Ministry of Commerce of 
the People's Republic of China (``MOFCOM'') Notice No. 20 [2011] and 
Notice No. 84 [2011], including any and all annexes. These measures 
appear to be inconsistent with Articles 1, 3.1, 3.2, 3.4, 3.5, 4.1, 
5.4, 6.5.1, 6.8, 6.9, 12.2, 12.2.2, and Paragraph 1 of Annex II of the 
WTO Agreement on Implementation of Article VI of the General Agreement 
on Tariffs and Trade 1994 (``AD Agreement''); Articles 10, 11.4, 
12.4.1, 12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 16.1, 22.3, and 22.5 of the 
WTO Agreement on Subsidies and Countervailing Measures (``SCM 
Agreement''); and Article VI of the General Agreement on Tariffs and 
Trade 1994 (``GATT 1994''). On July 5, 2012, the United States 
requested consultations with China. That request may be found at 
www.wto.org contained in a document designated as WT/DS440/1. The 
United States and China held consultations on August 23, 2012, but the 
consultations did not resolve the matter.

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-
0016. If you are unable to provide submissions at 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-2012-0016 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 ``Comment Now!.'' (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 
Regulations.gov Site'' on the bottom of the page.)
    The www.regulations.gov site provides the option of providing 
comments by filling in a ``Type Comments'' field, or by attaching a 
document using an ``Upload File'' field. It is expected that most 
comments will be provided in an attached document. If a document is 
attached, it is sufficient to type ``See attached'' in the ``Type 
Comments'' field.
    A person requesting that information contained in a comment 
submitted by that person be treated as confidential business 
information must certify that such information is business confidential 
and would not customarily be released to the public by the submitter. 
Confidential business information must be clearly designated as such 
and the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top 
and bottom of the cover page and each succeeding page. Any comment 
containing business confidential information must be submitted by fax 
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the 
confidential information must be submitted to www.regulations.gov. The 
non-confidential summary will be placed in the docket and open to 
public inspection.
    Information or advice contained in a comment submitted, other than 
business confidential information, may be determined by USTR to be 
confidential in accordance with section 135(g)(2) of the Trade Act of 
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information 
or advice may qualify as such, the submitter--
    (1) Must clearly so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
at the top and bottom of the cover page and each succeeding page; and
    (3) Must provide a non-confidential summary of the information or 
advice.
    Any comment containing confidential information must be submitted 
by fax. A non-confidential summary of the confidential information must 
be submitted to www.regulations.gov. The non-confidential summary will 
be placed in the docket and open to public inspection.
    Pursuant to section 127(e) of the Uruguay Round Agreements Act (19

[[Page 61819]]

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-2012-0016. 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. 2012-25053 Filed 10-10-12; 8:45 am]
BILLING CODE 3290-F3-P

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