WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping and Countervailing Measures on Certain Coated Paper From Indonesia, 21794-21795 [2015-09026]

Download as PDF 21794 Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE could request the establishment of a dispute settlement panel. [Dispute No. WTO/DS491/Docket No. USTR– 2015–0005] Major Issues Raised by Indonesia On March 13, 2015, Indonesia requested consultations concerning AD and CVD measures pertaining to certain coated paper suitable for high-quality print graphics using sheet-fed presses. The specific U.S. legal instruments referenced in Indonesia’s consultations request are: (1) Section 771(11)(B) of the Tariff Act of 1930, as amended, codified at 19 U.S.C. 1677(11)(B); (2) Certain Coated Paper from Indonesia: Initiation of Countervailing Duty Investigation, 74 FR 53707 (Oct. 20, 2009); (3) Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia and the People’s Republic of China: Initiation of Antidumping Duty Investigations, 74 FR 53710 (Oct. 20, 2009); (4) Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia, 74 FR 50243 (Sept. 30, 2009); (5) Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia, 74 FR 61174 (Nov. 23, 2009); (6) Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination, 75 FR 10761 (Mar. 9, 2010); (7) Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75 FR 24885 (May 6, 2010); (8) Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia: Final Affirmative Countervailing Duty Determination, 75 FR 59209 (Sept. 27, 2010); (9) Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia: Final Determination of Sales at Less Than Fair Value, 75 FR 59223 (Sept. 27, 2010); (10) Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from China and Indonesia, 75 FR 70289 (Nov. 17, 2010); (11) Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia: Countervailing Duty Order, 75 FR 70206 (Nov. 17, 2010); and (12) Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia: Antidumping Duty Order, 75 FR 70205 (Nov. 17, 2010). With respect to the CVD measures, Indonesia challenges the U.S. WTO Dispute Settlement Proceeding Regarding United States—AntiDumping and Countervailing Measures on Certain Coated Paper From Indonesia 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 March 13, 2015, the Republic of Indonesia requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’) concerning antidumping (‘‘AD’’) and countervailing duty (‘‘CVD’’) measures pertaining to certain coated paper suitable for high-quality print graphics using sheet-fed presses from Indonesia. That request may be found at www.wto.org contained in a document designated as WT/DS491/1. 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 May 11, 2015, to be assured of timely consideration by USTR. ADDRESSES: Public comments should be submitted electronically to www.regulations.gov, docket number USTR–2015–0005. If you are unable to provide submissions by www.regulations.gov, please contact Sandy McKinzy at (202) 395–9483 to arrange for an alternative method of transmission. If (as explained below) the comment contains confidential information, then the comment should be submitted by fax only to Sandy McKinzy at (202) 395–3640. FOR FURTHER INFORMATION CONTACT: Micah Myers, Associate General Counsel, or Juli Schwartz, 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, Indonesia mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:56 Apr 17, 2015 Jkt 235001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 Department of Commerce’s (‘‘DOC’’) determination that Indonesia provided standing timber for less than adequate remuneration, describing it in the consultation request as a ‘‘per se determination of price distortion’’ without a (corresponding) determination of ‘‘the adequacy of remuneration ‘in relation to prevailing market conditions.’ ’’ Indonesia also states that DOC failed to ‘‘examine whether there was a plan or scheme in place sufficient to constitute a ‘subsidy programme.’ ’’ Indonesia further claims DOC ‘‘did not identify whether the entity providing the purported subsidy was the national, regional, or local government and . . . thus . . . whether the subsidy was ‘specific to an enterprise . . . within the jurisdiction of the granting authority’ ’’ (third ellipsis in original). In addition, Indonesia challenges DOC’s facts available analysis in which it concluded that the Government of Indonesia forgave debt. With respect to both the AD and CVD measures, Indonesia alleges that the U.S. International Trade Commission’s (‘‘ITC’’) threat of injury determination ‘‘relied on ‘allegation, conjecture [and] remote possibility,’ ’’ was not based ‘‘on a change in circumstances that was ‘clearly foreseen and imminent,’ ’’ and showed no ‘‘causal relationship between the [subject] imports and the . . . threat of injury to the domestic industry.’’ With respect to 19 U.S.C. 1677(11)(B), Indonesia contends that ‘‘the law does not consider or exercise ‘special care’ ’’ as a result of the ‘‘requirement that a tie vote in a threat of injury determination must be treated as an affirmative . . . [ITC] determination.’’ Indonesia alleges inconsistencies with Article VI of the General Agreement on Tariffs and Trade 1994, Articles 1, 3.5, 3.7 and 3.8 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs And Trade 1994 and Articles 2.1, 12.7, 10, 14(d), 15.5, 15.7 and 15.8 of the Agreement on Subsidies and Countervailing Measures. 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–2015–0005. If you are unable to provide submissions by www.regulations.gov, please contact Sandy McKinzy at (202) 395–9483 to arrange for an alternative method of transmission. To submit comments via www.regulations.gov, enter docket E:\FR\FM\20APN1.SGM 20APN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices number USTR–2015–0005 on the home page and click ‘‘Search.’’ The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice by selecting ‘‘Notice’’ under ‘‘Document Type’’ on the left side of the searchresults page, and click on the link entitled ‘‘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 nonconfidential 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 VerDate Sep<11>2014 17:56 Apr 17, 2015 Jkt 235001 submitted to www.regulations.gov. The non-confidential summary will be 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– 2015–0005, 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, the report of the 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. 2015–09026 Filed 4–17–15; 8:45 am] BILLING CODE 3290–F5–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2015–0007–N–6] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice and request for comments. AGENCY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the renewal Information Collection Requests (ICRs) abstracted below are being forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describes the nature of the information collection and its expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collections SUMMARY: PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 21795 of information was published on February 9, 2015. DATES: Comments must be submitted on or before May 20, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (Telephone: (202) 493–6292), or Ms. Kimberly Toone, Office of Information Technology, RAD–20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (Telephone: (202) 493–6132). (These telephone numbers are not tollfree.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, sec. 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), and 1320.12. On February 9, 2015, FRA published a 60-day notice in the Federal Register soliciting comment on ICR that the agency is seeking OMB approval. See 80 FR 7072. FRA received no comments in response to this notice. Before OMB decides whether to approve these proposed collections of information, it must provide 30 days for public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30 day notice is published. 44 U.S.C. 3507 (b)–(c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c); see also 60 FR 44983, Aug. 29, 1995. The summary below describes the nature of the information collection requests (ICRs) and the expected burden. The revised request is being submitted for clearance by OMB as required by the PRA. Title: Inspection and Maintenance of Steam Locomotives (Formerly Steam Locomotive Inspection). OMB Control Number: 2130–0505. E:\FR\FM\20APN1.SGM 20APN1

Agencies

[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21794-21795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-09026]



[[Page 21794]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS491/Docket No. USTR-2015-0005]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping and Countervailing Measures on Certain Coated Paper From 
Indonesia

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 March 13, 2015, the Republic of 
Indonesia requested consultations with the United States under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') concerning antidumping (``AD'') and countervailing duty 
(``CVD'') measures pertaining to certain coated paper suitable for 
high-quality print graphics using sheet-fed presses from Indonesia. 
That request may be found at www.wto.org contained in a document 
designated as WT/DS491/1. 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 May 11, 2015, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2015-0005. If you are unable to 
provide submissions by www.regulations.gov, please contact Sandy 
McKinzy at (202) 395-9483 to arrange for an alternative method of 
transmission.
    If (as explained below) the comment contains confidential 
information, then the comment should be submitted by fax only to Sandy 
McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Micah Myers, Associate General 
Counsel, or Juli Schwartz, 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, Indonesia could 
request the establishment of a dispute settlement panel.

Major Issues Raised by Indonesia

    On March 13, 2015, Indonesia requested consultations concerning AD 
and CVD measures pertaining to certain coated paper suitable for high-
quality print graphics using sheet-fed presses. The specific U.S. legal 
instruments referenced in Indonesia's consultations request are: (1) 
Section 771(11)(B) of the Tariff Act of 1930, as amended, codified at 
19 U.S.C. 1677(11)(B); (2) Certain Coated Paper from Indonesia: 
Initiation of Countervailing Duty Investigation, 74 FR 53707 (Oct. 20, 
2009); (3) Certain Coated Paper Suitable for High-Quality Print 
Graphics Using Sheet-Fed Presses from Indonesia and the People's 
Republic of China: Initiation of Antidumping Duty Investigations, 74 FR 
53710 (Oct. 20, 2009); (4) Certain Coated Paper Suitable for High-
Quality Print Graphics Using Sheet-Fed Presses from China and 
Indonesia, 74 FR 50243 (Sept. 30, 2009); (5) Certain Coated Paper 
Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from 
China and Indonesia, 74 FR 61174 (Nov. 23, 2009); (6) Certain Coated 
Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses 
from Indonesia: Preliminary Affirmative Countervailing Duty 
Determination and Alignment of Final Countervailing Duty Determination 
with Final Antidumping Duty Determination, 75 FR 10761 (Mar. 9, 2010); 
(7) Certain Coated Paper Suitable for High-Quality Print Graphics Using 
Sheet-Fed Presses from Indonesia: Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 75 FR 
24885 (May 6, 2010); (8) Certain Coated Paper Suitable for High-Quality 
Print Graphics Using Sheet-Fed Presses from Indonesia: Final 
Affirmative Countervailing Duty Determination, 75 FR 59209 (Sept. 27, 
2010); (9) Certain Coated Paper Suitable for High-Quality Print 
Graphics Using Sheet-Fed Presses from Indonesia: Final Determination of 
Sales at Less Than Fair Value, 75 FR 59223 (Sept. 27, 2010); (10) 
Certain Coated Paper Suitable for High-Quality Print Graphics Using 
Sheet-Fed Presses from China and Indonesia, 75 FR 70289 (Nov. 17, 
2010); (11) Certain Coated Paper Suitable for High-Quality Print 
Graphics Using Sheet-Fed Presses from Indonesia: Countervailing Duty 
Order, 75 FR 70206 (Nov. 17, 2010); and (12) Certain Coated Paper 
Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from 
Indonesia: Antidumping Duty Order, 75 FR 70205 (Nov. 17, 2010).
    With respect to the CVD measures, Indonesia challenges the U.S. 
Department of Commerce's (``DOC'') determination that Indonesia 
provided standing timber for less than adequate remuneration, 
describing it in the consultation request as a ``per se determination 
of price distortion'' without a (corresponding) determination of ``the 
adequacy of remuneration `in relation to prevailing market conditions.' 
'' Indonesia also states that DOC failed to ``examine whether there was 
a plan or scheme in place sufficient to constitute a `subsidy 
programme.' '' Indonesia further claims DOC ``did not identify whether 
the entity providing the purported subsidy was the national, regional, 
or local government and . . . thus . . . whether the subsidy was 
`specific to an enterprise . . . within the jurisdiction of the 
granting authority' '' (third ellipsis in original). In addition, 
Indonesia challenges DOC's facts available analysis in which it 
concluded that the Government of Indonesia forgave debt.
    With respect to both the AD and CVD measures, Indonesia alleges 
that the U.S. International Trade Commission's (``ITC'') threat of 
injury determination ``relied on `allegation, conjecture [and] remote 
possibility,' '' was not based ``on a change in circumstances that was 
`clearly foreseen and imminent,' '' and showed no ``causal relationship 
between the [subject] imports and the . . . threat of injury to the 
domestic industry.''
    With respect to 19 U.S.C. 1677(11)(B), Indonesia contends that 
``the law does not consider or exercise `special care' '' as a result 
of the ``requirement that a tie vote in a threat of injury 
determination must be treated as an affirmative . . . [ITC] 
determination.''
    Indonesia alleges inconsistencies with Article VI of the General 
Agreement on Tariffs and Trade 1994, Articles 1, 3.5, 3.7 and 3.8 of 
the Agreement on Implementation of Article VI of the General Agreement 
on Tariffs And Trade 1994 and Articles 2.1, 12.7, 10, 14(d), 15.5, 15.7 
and 15.8 of the Agreement on Subsidies and Countervailing Measures.

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-2015-
0005. If you are unable to provide submissions by www.regulations.gov, 
please contact Sandy McKinzy at (202) 395-9483 to arrange for an 
alternative method of transmission.
    To submit comments via www.regulations.gov, enter docket

[[Page 21795]]

number USTR-2015-0005 on the home page and click ``Search.'' The site 
will provide a search-results page listing all documents associated 
with this docket. Find a reference to this notice by selecting 
``Notice'' under ``Document Type'' on the left side of the search-
results page, and click on the link entitled ``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 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-2015-0005, 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, the report of the 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. 2015-09026 Filed 4-17-15; 8:45 am]
 BILLING CODE 3290-F5-P