WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Certain Shrimp From Vietnam, 16754-16756 [2013-06187]
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Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Notices
addition, in the third sentence after the
words ‘‘Agency Strategic Plan’’ insert
https://ssa.gov/asp/plan-2013-2016.pdf.
Paul Kryglik,
Director, Office of Regulations, Social
Security Administration.
[FR Doc. 2013–06089 Filed 3–15–13; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice 8240]
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U.S. Department of State Advisory
Committee on Private International
Law (ACPIL): Notice of Public Meeting
of the Study Group on Choice of Law
in International Commercial Contracts
The Office of the Assistant Legal
Adviser for Private International Law,
Department of State, hereby gives notice
of a public meeting of the Study Group
on Choice of Law in International
Commercial Contracts. A working group
of experts from various countries was
established by the Hague Conference on
Private International Law to develop
non-binding principles relevant to the
choice of law in international
commercial contracts. The draft
principles prepared by that group were
considered at a Special Commission of
the Hague Conference held November
12–16, 2012. We expect that the Council
on General Affairs and Policy of the
Hague Conference will request that the
working group of experts prepare a
detailed commentary to accompany the
principles.
The purpose of the public meeting is
to obtain the views of concerned
stakeholders in advance of the Council
meeting in April. This is not a meeting
of the full Advisory Committee. The
Draft Hague Principles as approved by
the November 2012 Special Commission
meeting on choice of law in
international contracts, and
Recommendations for the commentary
and other relevant documents can be
found at the following link: https://
www.hcch.net/
index_en.php?act=text.display&tid=49.
Time and Place: The meeting of the
ACPIL Study Group will take place on
April 1, 2013 from 10:30 a.m. to 1:30
p.m. EDT in Room 240, South Building,
State Department Annex 4. Participants
should arrive at the Navy Hill gate at the
corner of 23rd Street NW. and D Street
NW before 10:00 a.m. for visitor
screening. Persons arriving later will
need to make arrangements for entry
using the contact information provided
below. If you are unable to attend the
public meeting and would like to
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participate from a remote location,
teleconferencing will be available.
Public Participation: This meeting is
open to the public, subject to the
capacity of the meeting room. Access to
Navy Hill is strictly controlled. For preclearance purposes, those planning to
attend in person are requested to email
or phone Tricia Smeltzer
(smeltzertk@state.gov, 202–776–8423) or
Niesha Toms (tomsnn@state.gov, 202–
776–8420) and provide your full name,
address, date of birth, citizenship,
driver’s license or passport number,
affiliation, and email address. This will
greatly facilitate entry. Participants will
be met at the Navy Hill gate at 23rd and
D Streets NW., and will be escorted to
the South Building.
A member of the public needing
reasonable accommodation should
advise Ms. Smeltzer or Ms. Toms not
later than March 25, 2013. Requests
made after that date will be considered,
but might not be able to be fulfilled. If
you would like to participate by
telephone, please contact Ms. Smeltzer
or Ms. Toms to obtain the call-in
number and other information.
Data from the public is requested
pursuant to Public Law 99–399
(Omnibus Diplomatic Security and
Antiterrorism Act of 1986), as amended;
Public Law 107–56 (USA PATRIOT
Act); and Executive Order 13356. The
purpose of the collection is to validate
the identity of individuals who enter
Department facilities. The data will be
entered into the Visitor Access Control
System (VACS–D) database. Please see
the Security Records System of Records
Notice (State-36) at https://
www.state.gov/documents/organization/
103419.pdf for additional information.
Dated: March 7, 2013.
Michael Dennis,
Office of Private International Law, Office
of the Legal Adviser, Department of State.
[FR Doc. 2013–06185 Filed 3–15–13; 8:45 am]
BILLING CODE 4710–08–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Dispute No. WTO/DS429]
WTO Dispute Settlement Proceeding
Regarding United States—AntiDumping Measures on Certain Shrimp
From Vietnam
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 Socialist
SUMMARY:
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Republic of Vietnam (‘‘Vietnam’’) 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/DS429/3. USTR invites written
comments from the public concerning
the issues raised in this dispute.
DATES: Although USTR will accept any
comments received during the course of
the dispute settlement proceedings,
comments should be submitted on or
before April 16, 2013 to be assured of
timely consideration by USTR.
ADDRESSES: Public comments should be
submitted electronically to
www.regulations.gov, docket number
USTR–2012–0003. 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:
Matthew P. Jaffe, 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 established
pursuant to the WTO Dispute
Settlement Understanding (‘‘DSU’’). The
panel will hold its meetings in Geneva,
Switzerland.
Major Issues Raised by Vietnam
In its January 17, 2013 panel request,
Vietnam makes a number of allegations
relating to certain antidumping
administrative reviews and a sunset
review conducted by the Department of
Commerce on certain frozen warmwater
shrimp from Vietnam. Specifically,
Vietnam challenges: the imposition of
antidumping duties and cash deposit
requirements pursuant to the final
results of the fourth administrative
review for the period from February 1,
2008, to January 31, 2009, in Certain
Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Final
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Results and Partial Rescission of
Antidumping Duty Administrative
Review, 75 FR 4771 (August 9, 2010);
the fourth administrative review of
Certain Frozen Warmwater Shrimp
From the Socialist Republic of Vietnam
insofar as it did not revoke the
antidumping duty order with respect to
certain respondents requesting such
revocation; the imposition of
antidumping duties and cash deposit
requirements pursuant to the final
results of the fifth administrative review
for the period from February 1, 2009,
through January 31, 2010, in Certain
Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final
Results and Final Partial Rescission of
Antidumping Duty Administrative
Review, 76 FR 56158 (September 12,
2011); the fifth administrative review of
Certain Frozen Warmwater Shrimp
From the Socialist Republic of Vietnam
insofar as it did not revoke the
antidumping duty order with respect to
certain respondents requesting such
revocation; the imposition of antidumping duties and cash deposit
requirements pursuant to the final
results of the USDOC’s sixth
administrative review for the period
from February 1, 2010 through January
31, 2011, in Certain Frozen Warmwater
Shrimp from the Socialist Republic of
Vietnam: Final Results and Final Partial
Rescission of Antidumping Duty
Administrative Review, 77 FR 55800
(September 11, 2012); the sixth
administrative review of Certain Frozen
Warmwater Shrimp from the Socialist
Republic of Vietnam insofar as it did not
revoke the anti-dumping duty order
with respect to certain respondents
eligible for such revocation; the final
results of the sunset review in which the
Department of Commerce determined
that revocation of the antidumping duty
order would be likely to lead to the
continuation or recurrence of dumping,
Certain Frozen Warmwater Shrimp from
the Socialist Republic of Vietnam: Final
Results of the First Five-year ‘‘Sunset’’
Review of the Antidumping Duty Order,
75 FR. 75965 (December 7, 2010); and
any other ongoing or future
antidumping administrative reviews,
and the preliminary and final results
thereof, related to the imports of certain
frozen warmwater shrimp from Vietnam
(DOC case A–552–802), as well as any
assessment instructions, cash deposit
requirements, and revocation
determinations issued pursuant to such
reviews. Vietnam also challenges certain
laws, regulations, and written
statements, including: Section 129 of
the URAA, codified as 19 U.S.C. 3538,
and the Statement of Administrative
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Action accompanying the URAA, H.R.
Doc. No. 103–316 (1994), vol 1,
reprinted in 1994 U.S.C.C.A.N. 4040;
the Tariff Act of 1930, as amended,
sections 751, 752, 771(18)(C)(i),
771(35)(A), 776(a)(2), 776(b), and
777A(c)(2)(B); implementing regulations
of the Department of Commerce, 19 CFR
351.204, 351.408, and 351.414; the
Import Administration Antidumping
Manual, Chapter 10, ‘‘Non-Market
Economies’’; and Import Administration
Policy Bulletin 98.3, ‘‘Policies
Governing the Conduct of Five-Year
(‘‘Sunset’’) Reviews of Antidumping and
Countervailing Duty Orders,’’ 63 FR
18871 (April 16, 1998).
Vietnam alleges that the United States
has acted inconsistently with Articles
VI:1, and VI:2 of the General Agreement
on Tariffs and Trade 1994; Articles 1, 2,
2.1, 2.4, 2.4.2, 6.8, 6.10, 6.10.2, 9, 9.1,
9.2, 9.3, 9.4, 11, 11.1, 11.2, 11.3, 11.4,
18.1, 18.3, 18.4, and Annex II of the
Agreement on Implementation of Article
VI of the General Agreement on Tariffs
and Trade 1994 (the Anti-Dumping
Agreement); Article XVI:4 of the WTO
Agreement; and Part I.2 of the Protocol
of Accession of the Socialist Republic of
Vietnam, WT/L/662, 15 November 2006
and Paragraphs 254, 255, and 527 of the
Report of the Working Party on
Accession of Vietnam, WT/ACC/VNM/
48, 27 October 2006.
Vietnam appears to allege that the
United States acted inconsistently with
the provisions identified above by not
allowing non-dumped sales to offset the
amount of dumping with respect to
other sales; by applying a Vietnam-wide
entity rate based on adverse facts
available throughout the antidumping
proceedings identified above; by
individually investigating or reviewing
a limited number of the largest exporters
throughout the antidumping
proceedings at issue; by applying
certain methodologies in the sunset
review; by not revoking the applicable
antidumping duty order with respect to
certain individual respondents having
zero or de minimis margins of dumping;
and through the application of section
129 of the URAA.
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–2012–0003. 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.
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To submit comments via
www.regulations.gov, enter docket
number USTR–2012–0003 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 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
This Site’’ on the left side of the home
page.)
The www.regulations.gov Web site
allows users to provide 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 that he/she
submitted, 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 will be open
to public inspection.
USTR may determine that information
or advice contained in a comment
submitted, other than business
confidential information, is 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
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Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Notices
placed in the docket and will be 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, docket number USTR–
2012–0003, accessible to the public at
www.regulations.gov.
The public file will include nonconfidential comments received by
USTR from the public regarding the
dispute. If a dispute settlement panel is
convened, or in the event of an appeal
from such a panel, the following
documents will be made available to the
public at www.ustr.gov the United
States’ submissions, any nonconfidential submissions received from
other participants in the dispute, and
any non-confidential summaries of
submissions received from other
participants in the dispute. In the event
that a dispute settlement panel is
convened, or in the event of an appeal
from such a panel, and, if applicable,
the report of the Appellate Body, will
also be available on the Web site of the
World Trade Organization, at
www.wto.org. Comments open to public
inspection may be viewed at
www.regulations.gov.
Juan Millan,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. 2013–06187 Filed 3–15–13; 8:45 am]
BILLING CODE 3290–f3–P
The
RTCA Secretariat, 1150 18th Street NW.,
Suite 910, Washington, DC 20036, or by
telephone at (202) 330–0652/(202) 833–
9339, fax at (202) 833–9434, or Web site
at https://www.rtca.org. Additional
contact information: please contact Tim
Etherington,
tjetheri@rockwellcollins.com, telephone
(319) 295–5233 or mobile at (319) 431–
7154, to register for the meeting or
Patrick Krohn, pkrohn@uasc.com,
telephone (425) 602–1375 or mobile at
(425) 829–1996. RTCA contact is
Jennifer Iverson, jiverson@rtca.org, (202)
330–0662.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463, 5 U.S.C., App.), notice is hereby
given for a meeting of Special
Committee 213. The agenda will include
the following:
FOR FURTHER INFORMATION CONTACT:
Tuesday, April 23
Plenary Discussion (sign in at 9:00 a.m.)
• Introductions and administrative
items.
• Review and approve minutes from
last full plenary meeting.
• Review of terms of reference.
• Status of DO–342A and DO–315C
Drafts.
• Industry updates.
• DO–315C and DO–342A draft
review.
Wednesday, April 24
Plenary Discussion
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Twenty-Second Meeting: RTCA Special
Committee 213, Enhanced Flight
Vision Systems/Synthetic Vision
Systems (EFVS/SVS)
Federal Aviation
Administration (FAA), U.S. Department
of Transportation (DOT).
ACTION: Meeting Notice of RTCA Special
Committee 213, Enhanced Flight Vision
Systems/Synthetic Vision Systems
(EFVS/SVS).
AGENCY:
The FAA is issuing this notice
to advise the public of the twentysecond meeting of the RTCA Special
Committee 213, Enhanced Flight Vision
Systems/Synthetic Vision Systems
(EFVS/SVS).
DATES: The meeting will be held April
23–24, 2013 from 9:00 a.m.–5:00 p.m.
and April 25, 2013 from 9:00 a.m.–3:00
p.m.
ADDRESSES: The meeting will be held at
RTCA, 1150 18th Street NW., Suite 910,
Washington, DC 20036.
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SUMMARY:
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• WG–1 DO–315C draft review.
• WG–2 DO–342A draft review.
Thursday, April 25
Plenary Discussion
• WG–1 DO–315C draft review.
• WG–1 DO–342A draft review.
• Administrative items.
• Adjourn.
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairman,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
Issued in Washington, DC, on March 12,
2013.
Paige Williams,
Management Analyst, NextGen, Business
Operations Group, Federal Aviation
Administration.
[FR Doc. 2013–06154 Filed 3–15–13; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
International Civil Aviation
Organization’s (ICAO) Dangerous
Goods Panel; Notice of Public Meeting
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of public meeting.
AGENCY:
In preparation for the
International Civil Aviation
Organization’s (ICAO) Dangerous Goods
Panel’s (DGP’s) Spring Working Group
to be held April 15–19, 2013, in
Montreal, Canada, the FAA’s Office of
Hazardous Materials Safety and the
Pipeline and Hazardous Materials Safety
Administration’s (PHMSA) Office of
Hazardous Materials Safety announce a
public meeting.
DATES: The public meeting will be held
on April 8, 2013 from 10:00 a.m. until
12:00 p.m. (EDT).
ADDRESSES: The public meeting will be
held at FAA Headquarters (FOB 10A),
Bessie Coleman Conference Center, 2nd
Floor, 800 Independence Avenue SW.,
Washington, DC 20591.
Participants are requested to register
by using the following email address:
9-AWA-ASH-ADG-HazMat@faa.gov,
Please include your name,
organization, email address, and
whether you will be attending in person
or participating via conference call.
Conference call connection information
will be provided to those who register
and indicate that they will participate
via conference call.
FOR FURTHER INFORMATION CONTACT:
Questions regarding the meeting should
be directed to Ms. Janet McLaughlin,
Deputy Director, Office of Hazardous
Materials Safety, ADG–2, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
385–4900. Email: 9-AWA-ASH-ADGHazMat@faa.gov.
We are committed to providing equal
access to this meeting for all
participants. If you need alternative
formats or other reasonable
accommodations, please call (202) 385–
4900 or email 9-AWA-ASH-ADGHazMat@faa.gov with your request by
close of business on April 1st.
SUMMARY:
Purpose of the Public Meeting
Information and viewpoints provided
by stakeholders are requested as the
United States delegation prepares for
the International Civil Aviation
Organization’s Dangerous Goods Panel’s
(ICAO DGP’s) Working Group of the
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Agencies
[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16754-16756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06187]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS429]
WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Certain Shrimp From Vietnam
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 Socialist Republic of Vietnam
(``Vietnam'') 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/DS429/3. USTR
invites written comments from the public concerning the issues raised
in this dispute.
DATES: Although USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted on or before April 16, 2013 to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2012-0003. 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: Matthew P. Jaffe, 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 established pursuant to the WTO
Dispute Settlement Understanding (``DSU''). The panel will hold its
meetings in Geneva, Switzerland.
Major Issues Raised by Vietnam
In its January 17, 2013 panel request, Vietnam makes a number of
allegations relating to certain antidumping administrative reviews and
a sunset review conducted by the Department of Commerce on certain
frozen warmwater shrimp from Vietnam. Specifically, Vietnam challenges:
the imposition of antidumping duties and cash deposit requirements
pursuant to the final results of the fourth administrative review for
the period from February 1, 2008, to January 31, 2009, in Certain
Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final
[[Page 16755]]
Results and Partial Rescission of Antidumping Duty Administrative
Review, 75 FR 4771 (August 9, 2010); the fourth administrative review
of Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam insofar as it did not revoke the antidumping duty order with
respect to certain respondents requesting such revocation; the
imposition of antidumping duties and cash deposit requirements pursuant
to the final results of the fifth administrative review for the period
from February 1, 2009, through January 31, 2010, in Certain Frozen
Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results
and Final Partial Rescission of Antidumping Duty Administrative Review,
76 FR 56158 (September 12, 2011); the fifth administrative review of
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam
insofar as it did not revoke the antidumping duty order with respect to
certain respondents requesting such revocation; the imposition of anti-
dumping duties and cash deposit requirements pursuant to the final
results of the USDOC's sixth administrative review for the period from
February 1, 2010 through January 31, 2011, in Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam: Final Results and Final
Partial Rescission of Antidumping Duty Administrative Review, 77 FR
55800 (September 11, 2012); the sixth administrative review of Certain
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam insofar
as it did not revoke the anti-dumping duty order with respect to
certain respondents eligible for such revocation; the final results of
the sunset review in which the Department of Commerce determined that
revocation of the antidumping duty order would be likely to lead to the
continuation or recurrence of dumping, Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam: Final Results of the First
Five-year ``Sunset'' Review of the Antidumping Duty Order, 75 FR. 75965
(December 7, 2010); and any other ongoing or future antidumping
administrative reviews, and the preliminary and final results thereof,
related to the imports of certain frozen warmwater shrimp from Vietnam
(DOC case A-552-802), as well as any assessment instructions, cash
deposit requirements, and revocation determinations issued pursuant to
such reviews. Vietnam also challenges certain laws, regulations, and
written statements, including: Section 129 of the URAA, codified as 19
U.S.C. 3538, and the Statement of Administrative Action accompanying
the URAA, H.R. Doc. No. 103-316 (1994), vol 1, reprinted in 1994
U.S.C.C.A.N. 4040; the Tariff Act of 1930, as amended, sections 751,
752, 771(18)(C)(i), 771(35)(A), 776(a)(2), 776(b), and 777A(c)(2)(B);
implementing regulations of the Department of Commerce, 19 CFR 351.204,
351.408, and 351.414; the Import Administration Antidumping Manual,
Chapter 10, ``Non-Market Economies''; and Import Administration Policy
Bulletin 98.3, ``Policies Governing the Conduct of Five-Year
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders,''
63 FR 18871 (April 16, 1998).
Vietnam alleges that the United States has acted inconsistently
with Articles VI:1, and VI:2 of the General Agreement on Tariffs and
Trade 1994; Articles 1, 2, 2.1, 2.4, 2.4.2, 6.8, 6.10, 6.10.2, 9, 9.1,
9.2, 9.3, 9.4, 11, 11.1, 11.2, 11.3, 11.4, 18.1, 18.3, 18.4, and Annex
II of the Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994 (the Anti-Dumping Agreement);
Article XVI:4 of the WTO Agreement; and Part I.2 of the Protocol of
Accession of the Socialist Republic of Vietnam, WT/L/662, 15 November
2006 and Paragraphs 254, 255, and 527 of the Report of the Working
Party on Accession of Vietnam, WT/ACC/VNM/48, 27 October 2006.
Vietnam appears to allege that the United States acted
inconsistently with the provisions identified above by not allowing
non-dumped sales to offset the amount of dumping with respect to other
sales; by applying a Vietnam-wide entity rate based on adverse facts
available throughout the antidumping proceedings identified above; by
individually investigating or reviewing a limited number of the largest
exporters throughout the antidumping proceedings at issue; by applying
certain methodologies in the sunset review; by not revoking the
applicable antidumping duty order with respect to certain individual
respondents having zero or de minimis margins of dumping; and through
the application of section 129 of the URAA.
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-
0003. 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-2012-0003 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 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 This Site'' on the left side
of the home page.)
The www.regulations.gov Web site allows users to provide 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 that
he/she submitted, 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 will be open to public inspection.
USTR may determine that information or advice contained in a
comment submitted, other than business confidential information, is
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
[[Page 16756]]
placed in the docket and will be 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, docket number USTR-2012-0003, accessible to the public at
www.regulations.gov.
The public file will include non-confidential comments received by
USTR from the public regarding the dispute. If a dispute settlement
panel is convened, or in the event of an appeal from such a panel, the
following documents will be made available to the public at
www.ustr.gov the United States' submissions, any non-confidential
submissions received from other participants in the dispute, and any
non-confidential summaries of submissions received from other
participants in the dispute. In the event that a dispute settlement
panel is convened, or in the event of an appeal from such a panel, and,
if applicable, the report of the Appellate Body, will also be available
on the Web site of the World Trade Organization, at www.wto.org.
Comments open to public inspection may be viewed at
www.regulations.gov.
Juan Millan,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2013-06187 Filed 3-15-13; 8:45 am]
BILLING CODE 3290-f3-P