WTO Dispute Settlement Proceeding Regarding China-Certain Measures Affecting the Automobile and Automobile-Parts Industries, 63917-63920 [2012-25462]
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Notices
requiring that the independent directors
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currently subject to the Exchange’s
compensation committee requirement,
for the structural reasons discussed in
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them to comply with the proposed new
requirements.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any inappropriate burden on
competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments on the proposed
rule change were neither solicited nor
received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve the proposed
rule change, or
(B) Institute proceedings to determine
whether the proposed rule change
should be disapproved.
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–NSX–2012–15 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
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number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.21
Kevin M. O’Neill,
Deputy Secretary.
BILLING CODE 8011–01–P
Interested persons are invited to
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including whether the proposed rule
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Comments may be submitted by any of
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Frm 00132
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submission, all subsequent
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available publicly. All submissions
should refer to File Number SR–NSX–
2012–15, and should be submitted on or
before November 7, 2012.
[FR Doc. 2012–25433 Filed 10–16–12; 8:45 am]
IV. Solicitation of Comments
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OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Dispute No. WTO/DS450]
WTO Dispute Settlement Proceeding
Regarding China—Certain Measures
Affecting the Automobile and
Automobile-Parts Industries
Office of the United States
Trade Representative.
ACTION: Notice; request for comments.
AGENCY:
The Office of the United
States Trade Representative (AUSTR@)
is providing notice that on September
17, 2012, the United States requested
consultations with the People’s
Republic of China (‘‘China’’) under the
Marrakesh Agreement Establishing the
World Trade Organization (‘‘WTO
Agreement’’) concerning certain
measures that appear to provide
subsidies such as grants, loans, forgone
government revenue, the provision of
goods and services, and other incentives
contingent upon export performance to
SUMMARY:
21 17
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Notices
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automobile and automobile-parts
enterprises in China. These measures
appear to be prohibited subsidies that
are inconsistent with China’s
obligations under Article 3 of the
Agreement on Subsidies and
Countervailing Measures (‘‘SCM
Agreement’’). In addition, it appears that
China has failed to comply with its
transparency obligations under the
WTO Agreement. The consultation
request may be found at www.wto.org
contained in a document designated as
WT/DS450/1. 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 November 12, 2012, to be assured
of timely consideration by USTR.
ADDRESSES: Public comments should be
submitted electronically to
www.regulations.gov, docket number
USTR–2012–0030. 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:
Robert Anderson, Assistant General
Counsel, or Shannon Nestor, Assistant
General Counsel, (202) 395–3150, Office
of the United States Trade
Representative, 600 17th Street NW.,
Washington, DC 20508.
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 the United
States
On September 17, 2012, the United
States requested consultations with
China concerning certain subsidies that
appear to be contingent upon export
performance provided to automobile
and automobile-parts enterprises in
China. Specifically, the United States is
challenging various forms of export-
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contingent subsidies that China appears
to provide through a program
establishing ‘‘export bases’’ for the
automobile and automobile-parts
industries within China. China appears
to provide export-contingent subsidies
to the automobile and automobile-parts
enterprises that are located in these
‘‘export bases’’ or that are designated as
‘‘export base’’ enterprises. To date, it
appears that China has created
automobile and automobile-parts
‘‘export bases’’ in the following twelve
municipalities: Wuhan, Tianjin,
Chongqing, Shanghai, Guangzhou,
Hefei, Wuhu, Xiamen, Taizhou,
Changchun, Baoding, Liuzhou, as well
as in other localities in the provinces of
Jiangsu, Shandong, Shanxi, Henan,
Inner Mongolia, Heilongjiang, Liaoning,
Hunan, Zhejiang, Yunnan, Guangdong,
Fujian, Anhui, and Beijing city.
In its request for consultations, the
United States identified measures that
appear to provide the subsidies through
China’s automobile and automobileparts ‘‘export bases’’ that include, but
are not limited to, the following legal
instruments, operating separately or
collectively, as well as any
amendments, or related, successor,
replacement, or implementing
measures: Policy on Development of
Automotive Industry; Policies for
Automobile Trade; Notice Regarding
Application for National Automobile
and Automobile Parts Export Base
Enterprises; Circular of the State
Council on Printing, Distributing and
Implementing Several Supporting
Policies for the Outline of National
Medium- and Long-Term Science and
Technology Development Plan (2006–
2020); Circular of the General Office of
the State Council on Forwarding the
Several Opinions of MOFCOM and
other Departments on the 11th FYP for
Electromechanical Exports Growth
Model; Decision To Designate 8
National Automobile and Automobile
Parts Export Bases, MOFCOM;
MOFCOM, NDRC Names 160
Companies as National Export Base
Enterprises; Interim Measures on the
Management of Fund for Optimizing
Import and Export Structure of
Electromechanical and High-Tech
Products, Ministry of Commerce and
Ministry of Finance; MOFCOM, NDRC
Conference Notice on National
Automobile Exports; Notice of
MOFCOM and NDRC on Issuing the
Measures for the Administration of
National Export Bases of Automobiles
and Parts and Components (for Trial
Implementation); Opinions on
Maintaining the Steady Growth of
Foreign Trade; 2009 State Council
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General Office Notice on Automobile
Industry Restructuring and
Revitalization Planning (for planning
period 2009–2011); Notice on
Implementation of Online Application
for the Central Foreign Trade
Development Fund; Opinions of
MOFCOM, NDRC, MIIT, MOF, Customs
and AQSIQ on Enhancing the
Sustainable and Healthy Development
of the Export of Automobile Products of
China; Notice of Examination Results of
the National Automobile and
Automobile Parts Export Bases;
Opinions on Promoting the Continued
Healthy Development of
Electromechanical Exports During the
12th Five-Year Plan; Notice of
MOFCOM and NDRC on Issuing the
Measures for the Administration of
National Export Bases of Automobiles
and Parts and Components (Revised
Draft); MOFCOM, NDRC Accreditation
and Assessment of Automobiles and
Automobile Parts Export Bases (Draft for
Comment); MOF and MOFCOM Notice
Regarding Sound Management of the
2011 Foreign Trade Common Services
Platform Establishment Fund; MOF and
MOFCOM Notice Regarding the Sound
Management of the 2010 Common
Services Platform Establishment Fund;
MOF Notice Regarding Arranging the
2011 Foreign Trade Common Services
Platform Establishment Fund;
MOFCOM and MOF Notice on
Management of Funds To Maintain the
Steady Growth of Foreign Trade; Wuhan
Automobile and Automobile Parts
Status Report and Development Plan
(2006–2010); Wuhan Municipal
Opinion on Automobile and
Automobile Parts Exports; Tianjin
Outline of Eleventh Five-Year Plan of
Economic and Social Development;
Circular of Tianjin Commerce
Commission on Printing and
Distributing the Measures for the
Recognition and Management of Tianjin
Automobile and Automobile Parts
Export Base Enterprises; Tianjin Notice
on the Adjustment of Members of
Tianjin National Automobile and
Automobile Parts Export Bases;
Forwarding the Opinions on
Accelerating the Construction of Tianjin
National Automobile and Automobile
Parts Export Base; Chongqing City
Management of Automobile and
Automobile Parts Export Base
Enterprises; Opinions of the Chongqing
Municipal People’s Government on the
Construction of Automobile and
Automobile Parts Export Base;
Chongqing Circular on Establishment of
a Leading Group for the Construction of
Chongqing Automobile and Automobile
Parts Export Bases; Chongqing 2011
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Notices
Notice Regarding the Application Work
for the 2011 Chongqing Foreign Trade
Common Services Platform
Establishment Special Fund Program;
Shanghai Foreign Economic and Trade
Development ‘‘Eleventh Five-Year
Plan’’; Shanghai Municipal Commission
of Commerce and the Municipal
Finance Bureau 2012 Notice for the
Application of the 2011 Shanghai
Foreign Trade Common Services
Platform Establishment Special Fund
Program; Printing and Issuing the Work
Plan for the Application of Guangzhou
for National Automobile and
Automobile Parts Export Base and
Export Base Enterprises; Opinions on
Accelerating the Construction of
National Automobile and Automobile
Parts Export Base in Guangzhou; Interim
Measures for the Management of
National Automobile and Automobile
Parts Export Base Guangzhou Sub-Base
(Valid for 5 years or until 2013);
Circular of Guangzhou Foreign Trade
and Economic Cooperation Bureau on
Verifying Conghua City as the
Guangzhou Conghua National
Automobile and Automobile Parts
Export Base; 2011 Circular of
Application for Special Fund of
Guangzhou Automobile and Automobile
Parts Export Base; 2011 Circular of
Application for Special Fund of
Guangzhou Automobile and Automobile
Parts Export Base Attachment One:
Application Form for the Guangzhou
Municipal Automobile and Automobile
Parts Export Base Dedicated Funding
Project; 2011 Circular of Application for
Special Fund of Guangzhou Automobile
and Automobile Parts Export Base
Attachment Two: Feasibility Analysis
Report for the Guangzhou Municipal
Automobile and Automobile Parts
Export Base Dedicated Funding Project
(Reference Sample); Guangdong
Province 2011 Notice Regarding the
Work To Manage Well the Foreign
Trade Common Services Platform
Establishment Fund; Notice on Hefei
City Automobile and Automobile Parts
Export Base Support Fund Management
Method (Interim Measures); Anhui
Notice Regarding Investigation of
Received Applications for National
Automobile and Automobile Parts
Export Base and Enterprises; Anhui
Regarding Applications for Electromechanical Product Imports and
Exports Structure Fund Program; Anhui
Province Opinions Regarding
Expediting Equipment Manufacturing;
Xiamen Municipal Notice on
Automobile Industry Development
Action Plan; Notice of Xiamen on the
Management of Special Funds To
Maintain Steady Growth of Foreign
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Trade (Trial Implementation); Notice of
Xiamen on the Management of
Electromechanical and High-Tech
Products Export Adjustment Programs;
Xiamen City 2001 Notice on the
Issuance of the Interim Measures on
Management of Outsourcing Services
Common Services Platform Special
Construction Fund; Taizhou Municipal
Opinions on the Promotion of Stable
and Healthily Developing Foreign
Trade; Opinions From the Peoples
Government of Zhejiang Province on
Promoting the Stable and Healthy
Development of Province-Wide Foreign
Trade; Zhejiang Notice on the
Management of the 2011 Foreign Trade
Common Services Platform
Construction Special Fund; Liuzhou
Municipal Opinion on Encouraging
Exports of Automobile and Automobile
Parts; Guangxi Zhuang Autonomous
Region Policy Opinion To Support the
Development of the Automobile
Industry; Reply of the Economic
Commission of Guangxi Zhang
Autonomous Region on Approving the
Registration of Automotive Chassis Core
Parts Technological Upgrading and
Export Base Construction Project of
Liuzhou Wuling Automobile United
Development Co., Ltd.; Notice on
Management of Special Funds To
Maintain the Steady Growth of Foreign
Trade (Jilin); Changchun Xinglong
Comprehensive Bonded Zone
Automobile Import/Export Base Project;
Jilin Province Opinion on Automobiles
and Automobile Parts Exports; Jilin
Province Opinion on Accelerating the
Development of Automobile Parts; Jilin
Province Management and
Implementation Measures on Funds To
Maintain Steady Growth of Foreign
Trade; Jilin Province Notification for
Organizations To Apply for the 2011
Foreign Common Services Platform
Establishment Fund; Hebei Province
Opinion on Broadening Opening to the
Outside World To Accelerate the
Development of Open Economy; Hebei
Province 2011 Notice Regarding Sound
Management of the Foreign Trade
Common Services Platform
Establishment Fund; Notice on Jiangsu
Province Export Base Support Methods;
Jiangsu Province Interim Measures on
Management of Funds To Maintain a
Steady Growth of Foreign Trade;
Circular on the Pilot Accreditation and
Management of Shandong Province
Electro-Mechanical Products Export
Bases and Notice To Begin the
Accreditation of the First Batch of
Export Bases; Shanxi Province
Management Measures on Special
Funds To Maintain Steady Growth of
Foreign Trade; 2012 Inner Mongolia
PO 00000
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63919
Autonomous Region Work Plan for the
Establishment of Electro-Mechanical
and High-Tech Industry Export Base;
Henan Province Opinion To Promote
the Sustained and Healthy Development
of Foreign Trade; 2009 Heilongjiang
Province Opinion To Further Sustain
the Stable Growth of Foreign Trade;
Measures Administering, Operating,
Funding or Specifying the Forms of
Support Provided to Automobile or
Automobile Parts Enterprises Within
Any Automobile and Automobile Parts
Export Base; and Measures
Administering, Operating, Funding or
Specifying the Forms of Support
Pprovided to Automobile or Automobile
Parts Enterprises in Jiangsu, Shandong,
Anhui, Jiangxi. Liaoning, Heilongjiang,
Hunan, Inner Mongolia, Shanxi,
Zhejiang, Yunnan, Guangdong, Hebei,
Fujian, Henan provinces, and Beijing
City.
In addition, it appears that China has
failed to comply with its transparency
obligations in regards to these exportcontingent subsidies. In particular, the
United States has explained that the
measures appear to be inconsistent with
Articles 3, 25.1, 25.2, 25.3, and 25.4 of
the SCM Agreement; Article XVI:1 of
the General Agreement on Tariffs and
Trade 1994; and Paragraphs 1.2, 2(C)(1),
and 2(C)(2) of Part I of the Protocol on
the Accession of the People’s Republic
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–2012–0030. 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–2012–0030 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 ‘‘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’’ on the bottom of the
page.)
The www.regulations.gov site
provides the option of providing
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63920
Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Notices
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
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–2012–0030.
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.
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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. 2012–25462 Filed 10–16–12; 8:45 am]
BILLING CODE 3290–F3–P
points in the United States and any
point or points in any member of the
European Common Aviation Area; (iii)
foreign charter air transportation of
cargo between any point or points in the
United States and any other point or
points; (iv) other charters pursuant to
the prior approval requirements set
forth in the Department’s regulations
governing charters; and (v) charter
transportation authorized by any
additional route rights made available to
European Union carriers in the future,
to the extent permitted by the
Applicant’s homeland license on file
with the Department.
Renee V. Wright,
Program Manager, Docket Operations,
Federal Register Liaison.
[FR Doc. 2012–25513 Filed 10–16–12; 8:45 am]
DEPARTMENT OF TRANSPORTATION
BILLING CODE 4910–9X–P
Office of the Secretary
DEPARTMENT OF TRANSPORTATION
Notice of Applications for Certificates
of Public Convenience and Necessity
and Foreign Air Carrier Permits Filed
Under Subpart B (Formerly Subpart Q)
During the Week Ending October 6,
2012
Surface Transportation Board
The following Applications for
Certificates of Public Convenience and
Necessity and Foreign Air Carrier
Permits were filed under Subpart B
(formerly Subpart Q) of the Department
of Transportation’s Procedural
Regulations (See 14 CFR 301.201 et
seq.). The due date for Answers,
Conforming Applications, or Motions to
Modify Scope are set forth below for
each application. Following the Answer
period DOT may process the application
by expedited procedures. Such
procedures may consist of the adoption
of a show-cause order, a tentative order,
or in appropriate cases a final order
without further proceedings.
Docket Number: DOT–OST–2012–
0164.
Date Filed: October 1, 2012.
Due Date for Answers, Conforming
Applications, or Motion to Modify
Scope: October 22, 2012.
Description: Application of K5Aviation GmbH requesting an
exemption and a foreign air carrier
permit authorizing K5-Aviation to
engage in: (i) Foreign charter air
transportation of persons, property, and
mail from any point or points behind
any Member State of the European
Union, via any point or points in any
EU Member State and via intermediate
points, to any point or points in the
United States and beyond; (ii) foreign
charter air transportation of persons,
property, and mail between any point or
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[Docket No. FD 35638]
New Jersey Transit Corporation—
Acquisition Exemption—Norfolk
Southern Railway Company
The New Jersey Transit Corporation
(NJ Transit), a noncarrier, has filed a
verified notice of exemption under 49
CFR 1150.31 to acquire from Norfolk
Southern Railway Company (NSR) an
approximately 1.3-mile portion of the
property commonly known as the
‘‘Orange Industrial Track’’ in Essex
County, N.J., from milepost 8.616 to
milepost 9.905 (the Line). NJ Transit
states that, under the proposed
transaction, NSR would transfer to NJ
Transit the real property and railroad
fixtures associated with the Line.
According to NJ Transit, NSR will retain
an exclusive operating easement to
continue to provide freight rail service
over the Line.1
NJ Transit states the proposed
transaction has been agreed upon
pursuant to an Exchange Agreement,
Quitclaim Deed, Second Operating
Agreement, and Trackage Rights
Agreement by and between NJ Transit
and NSR. According to NJ Transit, it is
acquiring the property to ensure access
to a maintenance facility to support its
light rail operations, and it is not
acquiring any freight operating rights.
NJ Transit also states that the agreement
1 A motion to dismiss this notice of exemption on
the grounds that the transaction does not require
authorization from the Board was concurrently filed
with this notice of exemption. The motion to
dismiss will be addressed in a subsequent Board
decision.
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]]>Agencies
[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Notices]
[Pages 63917-63920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25462]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS450]
WTO Dispute Settlement Proceeding Regarding China--Certain
Measures Affecting the Automobile and Automobile-Parts Industries
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 September 17, 2012, the United States
requested consultations with the People's Republic of China (``China'')
under the Marrakesh Agreement Establishing the World Trade Organization
(``WTO Agreement'') concerning certain measures that appear to provide
subsidies such as grants, loans, forgone government revenue, the
provision of goods and services, and other incentives contingent upon
export performance to
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automobile and automobile-parts enterprises in China. These measures
appear to be prohibited subsidies that are inconsistent with China's
obligations under Article 3 of the Agreement on Subsidies and
Countervailing Measures (``SCM Agreement''). In addition, it appears
that China has failed to comply with its transparency obligations under
the WTO Agreement. The consultation request may be found at www.wto.org
contained in a document designated as WT/DS450/1. 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 November 12, 2012, to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2012-0030. 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: Robert Anderson, Assistant General
Counsel, or Shannon Nestor, Assistant General Counsel, (202) 395-3150,
Office of the United States Trade Representative, 600 17th Street NW.,
Washington, DC 20508.
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 the United States
On September 17, 2012, the United States requested consultations
with China concerning certain subsidies that appear to be contingent
upon export performance provided to automobile and automobile-parts
enterprises in China. Specifically, the United States is challenging
various forms of export-contingent subsidies that China appears to
provide through a program establishing ``export bases'' for the
automobile and automobile-parts industries within China. China appears
to provide export-contingent subsidies to the automobile and
automobile-parts enterprises that are located in these ``export bases''
or that are designated as ``export base'' enterprises. To date, it
appears that China has created automobile and automobile-parts ``export
bases'' in the following twelve municipalities: Wuhan, Tianjin,
Chongqing, Shanghai, Guangzhou, Hefei, Wuhu, Xiamen, Taizhou,
Changchun, Baoding, Liuzhou, as well as in other localities in the
provinces of Jiangsu, Shandong, Shanxi, Henan, Inner Mongolia,
Heilongjiang, Liaoning, Hunan, Zhejiang, Yunnan, Guangdong, Fujian,
Anhui, and Beijing city.
In its request for consultations, the United States identified
measures that appear to provide the subsidies through China's
automobile and automobile-parts ``export bases'' that include, but are
not limited to, the following legal instruments, operating separately
or collectively, as well as any amendments, or related, successor,
replacement, or implementing measures: Policy on Development of
Automotive Industry; Policies for Automobile Trade; Notice Regarding
Application for National Automobile and Automobile Parts Export Base
Enterprises; Circular of the State Council on Printing, Distributing
and Implementing Several Supporting Policies for the Outline of
National Medium- and Long-Term Science and Technology Development Plan
(2006-2020); Circular of the General Office of the State Council on
Forwarding the Several Opinions of MOFCOM and other Departments on the
11th FYP for Electromechanical Exports Growth Model; Decision To
Designate 8 National Automobile and Automobile Parts Export Bases,
MOFCOM; MOFCOM, NDRC Names 160 Companies as National Export Base
Enterprises; Interim Measures on the Management of Fund for Optimizing
Import and Export Structure of Electromechanical and High-Tech
Products, Ministry of Commerce and Ministry of Finance; MOFCOM, NDRC
Conference Notice on National Automobile Exports; Notice of MOFCOM and
NDRC on Issuing the Measures for the Administration of National Export
Bases of Automobiles and Parts and Components (for Trial
Implementation); Opinions on Maintaining the Steady Growth of Foreign
Trade; 2009 State Council General Office Notice on Automobile Industry
Restructuring and Revitalization Planning (for planning period 2009-
2011); Notice on Implementation of Online Application for the Central
Foreign Trade Development Fund; Opinions of MOFCOM, NDRC, MIIT, MOF,
Customs and AQSIQ on Enhancing the Sustainable and Healthy Development
of the Export of Automobile Products of China; Notice of Examination
Results of the National Automobile and Automobile Parts Export Bases;
Opinions on Promoting the Continued Healthy Development of
Electromechanical Exports During the 12th Five-Year Plan; Notice of
MOFCOM and NDRC on Issuing the Measures for the Administration of
National Export Bases of Automobiles and Parts and Components (Revised
Draft); MOFCOM, NDRC Accreditation and Assessment of Automobiles and
Automobile Parts Export Bases (Draft for Comment); MOF and MOFCOM
Notice Regarding Sound Management of the 2011 Foreign Trade Common
Services Platform Establishment Fund; MOF and MOFCOM Notice Regarding
the Sound Management of the 2010 Common Services Platform Establishment
Fund; MOF Notice Regarding Arranging the 2011 Foreign Trade Common
Services Platform Establishment Fund; MOFCOM and MOF Notice on
Management of Funds To Maintain the Steady Growth of Foreign Trade;
Wuhan Automobile and Automobile Parts Status Report and Development
Plan (2006-2010); Wuhan Municipal Opinion on Automobile and Automobile
Parts Exports; Tianjin Outline of Eleventh Five-Year Plan of Economic
and Social Development; Circular of Tianjin Commerce Commission on
Printing and Distributing the Measures for the Recognition and
Management of Tianjin Automobile and Automobile Parts Export Base
Enterprises; Tianjin Notice on the Adjustment of Members of Tianjin
National Automobile and Automobile Parts Export Bases; Forwarding the
Opinions on Accelerating the Construction of Tianjin National
Automobile and Automobile Parts Export Base; Chongqing City Management
of Automobile and Automobile Parts Export Base Enterprises; Opinions of
the Chongqing Municipal People's Government on the Construction of
Automobile and Automobile Parts Export Base; Chongqing Circular on
Establishment of a Leading Group for the Construction of Chongqing
Automobile and Automobile Parts Export Bases; Chongqing 2011
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Notice Regarding the Application Work for the 2011 Chongqing Foreign
Trade Common Services Platform Establishment Special Fund Program;
Shanghai Foreign Economic and Trade Development ``Eleventh Five-Year
Plan''; Shanghai Municipal Commission of Commerce and the Municipal
Finance Bureau 2012 Notice for the Application of the 2011 Shanghai
Foreign Trade Common Services Platform Establishment Special Fund
Program; Printing and Issuing the Work Plan for the Application of
Guangzhou for National Automobile and Automobile Parts Export Base and
Export Base Enterprises; Opinions on Accelerating the Construction of
National Automobile and Automobile Parts Export Base in Guangzhou;
Interim Measures for the Management of National Automobile and
Automobile Parts Export Base Guangzhou Sub-Base (Valid for 5 years or
until 2013); Circular of Guangzhou Foreign Trade and Economic
Cooperation Bureau on Verifying Conghua City as the Guangzhou Conghua
National Automobile and Automobile Parts Export Base; 2011 Circular of
Application for Special Fund of Guangzhou Automobile and Automobile
Parts Export Base; 2011 Circular of Application for Special Fund of
Guangzhou Automobile and Automobile Parts Export Base Attachment One:
Application Form for the Guangzhou Municipal Automobile and Automobile
Parts Export Base Dedicated Funding Project; 2011 Circular of
Application for Special Fund of Guangzhou Automobile and Automobile
Parts Export Base Attachment Two: Feasibility Analysis Report for the
Guangzhou Municipal Automobile and Automobile Parts Export Base
Dedicated Funding Project (Reference Sample); Guangdong Province 2011
Notice Regarding the Work To Manage Well the Foreign Trade Common
Services Platform Establishment Fund; Notice on Hefei City Automobile
and Automobile Parts Export Base Support Fund Management Method
(Interim Measures); Anhui Notice Regarding Investigation of Received
Applications for National Automobile and Automobile Parts Export Base
and Enterprises; Anhui Regarding Applications for Electro-mechanical
Product Imports and Exports Structure Fund Program; Anhui Province
Opinions Regarding Expediting Equipment Manufacturing; Xiamen Municipal
Notice on Automobile Industry Development Action Plan; Notice of Xiamen
on the Management of Special Funds To Maintain Steady Growth of Foreign
Trade (Trial Implementation); Notice of Xiamen on the Management of
Electromechanical and High-Tech Products Export Adjustment Programs;
Xiamen City 2001 Notice on the Issuance of the Interim Measures on
Management of Outsourcing Services Common Services Platform Special
Construction Fund; Taizhou Municipal Opinions on the Promotion of
Stable and Healthily Developing Foreign Trade; Opinions From the
Peoples Government of Zhejiang Province on Promoting the Stable and
Healthy Development of Province-Wide Foreign Trade; Zhejiang Notice on
the Management of the 2011 Foreign Trade Common Services Platform
Construction Special Fund; Liuzhou Municipal Opinion on Encouraging
Exports of Automobile and Automobile Parts; Guangxi Zhuang Autonomous
Region Policy Opinion To Support the Development of the Automobile
Industry; Reply of the Economic Commission of Guangxi Zhang Autonomous
Region on Approving the Registration of Automotive Chassis Core Parts
Technological Upgrading and Export Base Construction Project of Liuzhou
Wuling Automobile United Development Co., Ltd.; Notice on Management of
Special Funds To Maintain the Steady Growth of Foreign Trade (Jilin);
Changchun Xinglong Comprehensive Bonded Zone Automobile Import/Export
Base Project; Jilin Province Opinion on Automobiles and Automobile
Parts Exports; Jilin Province Opinion on Accelerating the Development
of Automobile Parts; Jilin Province Management and Implementation
Measures on Funds To Maintain Steady Growth of Foreign Trade; Jilin
Province Notification for Organizations To Apply for the 2011 Foreign
Common Services Platform Establishment Fund; Hebei Province Opinion on
Broadening Opening to the Outside World To Accelerate the Development
of Open Economy; Hebei Province 2011 Notice Regarding Sound Management
of the Foreign Trade Common Services Platform Establishment Fund;
Notice on Jiangsu Province Export Base Support Methods; Jiangsu
Province Interim Measures on Management of Funds To Maintain a Steady
Growth of Foreign Trade; Circular on the Pilot Accreditation and
Management of Shandong Province Electro-Mechanical Products Export
Bases and Notice To Begin the Accreditation of the First Batch of
Export Bases; Shanxi Province Management Measures on Special Funds To
Maintain Steady Growth of Foreign Trade; 2012 Inner Mongolia Autonomous
Region Work Plan for the Establishment of Electro-Mechanical and High-
Tech Industry Export Base; Henan Province Opinion To Promote the
Sustained and Healthy Development of Foreign Trade; 2009 Heilongjiang
Province Opinion To Further Sustain the Stable Growth of Foreign Trade;
Measures Administering, Operating, Funding or Specifying the Forms of
Support Provided to Automobile or Automobile Parts Enterprises Within
Any Automobile and Automobile Parts Export Base; and Measures
Administering, Operating, Funding or Specifying the Forms of Support
Pprovided to Automobile or Automobile Parts Enterprises in Jiangsu,
Shandong, Anhui, Jiangxi. Liaoning, Heilongjiang, Hunan, Inner
Mongolia, Shanxi, Zhejiang, Yunnan, Guangdong, Hebei, Fujian, Henan
provinces, and Beijing City.
In addition, it appears that China has failed to comply with its
transparency obligations in regards to these export-contingent
subsidies. In particular, the United States has explained that the
measures appear to be inconsistent with Articles 3, 25.1, 25.2, 25.3,
and 25.4 of the SCM Agreement; Article XVI:1 of the General Agreement
on Tariffs and Trade 1994; and Paragraphs 1.2, 2(C)(1), and 2(C)(2) of
Part I of the Protocol on the Accession of the People's Republic 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-
0030. 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-2012-0030 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'' on the bottom of the page.)
The www.regulations.gov site provides the option of providing
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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. Sec. 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-2012-0030.
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. 2012-25462 Filed 10-16-12; 8:45 am]
BILLING CODE 3290-F3-P
