WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping and Countervailing Duties on Ripe Olives From Spain, 47033-47034 [2019-19230]

Download as PDF Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Notices jspears on DSK3GMQ082PROD with NOTICES notice of exemption under 49 CFR 1180.2(d)(2) to authorize its acquisition of a minority membership interest in BRX Transportation Holdings, LLC (BRX Transportation). BRX Transportation, along with Brookhaven Rail Partners, LLC, Related Infrastructure, LLC, and BRX Acquisition Sub, Inc., were previously authorized to acquire control of Pioneer Railcorp (Pioneer), a noncarrier holding company that controls 15 Class III railroad subsidiaries (the Pioneer Railroads). See Brookhaven Rail Partners, LLC—Control Exemption— Pioneer Railcorp, FD 36306 (STB served June 21, 2019). According to Stephens Pioneer, subsequent to the filing of the verified notice in Docket No. FD 36306, Stephens Pioneer became of member of BRX Transportation. Stephens Pioneer states that it believes that its acquisition of a minority equity interest in BRX Transportation would not constitute control as defined in 49 U.S.C. 10102(3). Nevertheless, Stephens Pioneer states that it filed the verified notice in Docket No. 36343 out of an abundance of caution to authorize its acquisition of a minority interest in BRX Transportation, and, indirectly, in Pioneer.2 Stephens Pioneer further states that, immediately following the closing of the acquisition authorized in Docket No. FD 36306, Stephens Pioneer placed its interest in BRX Transportation into an independent irrevocable voting trust pursuant to the Board’s regulations at 49 CFR part 1013.3 Attached to the verified notice is an Amended and Restated Limited Liability Company Operating Agreement of BRX Transportation Holdings, LLC, dated as of June 7, 2019, pursuant to which Stephens Pioneer will acquire an interest in BRX Transportation.4 The earliest this transaction may be consummated is September 20, 2019, the effective date of the exemption (30 days after the verified notice was filed). The verified notice states that: (i) Stephens Pioneer does not own or control any rail line that connects with any of the Pioneer Railroads; (ii) the proposed transaction is not part of a 2 The Board’s exemption authority is permissive, and this notice does not constitute a ruling on whether Stephens Pioneer needs authority to control, or following the proposed transaction would control, BRX Transportation, Pioneer, or the Pioneer Railroads. 3 A copy of the executed voting trust was filed with the verified notice. 4 A redacted version of the agreement was filed with the verified notice. An unredacted version was filed concurrently under seal, along with Stephens Pioneer’s motion for protective order under 49 CFR 1104.14(b). The motion for protective order will be addressed in a separate decision. VerDate Sep<11>2014 16:53 Sep 05, 2019 Jkt 247001 series of anticipated transactions that would connect any railroad owned or controlled by Stephens Pioneer with the Pioneer Railroads, or connect any of the Pioneer Railroads with one another; and (iii) the proposed transaction does not involve a Class I carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Because this transaction involves Class III rail carriers only, the Board may not impose labor protective conditions for this transaction. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than September 13, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36343, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Stephens Pioneer’s representative, David F. Rifkind, Stinson LLP, 1775 Pennsylvania Avenue NW, Suite 800, Washington, DC 20006. According to Stephens Pioneer, this action is excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b)(3). Board decisions and notices are available at www.stb.gov. Decided: September 3, 2019. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–19278 Filed 9–5–19; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 47033 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket Number USTR–2019–0016; Dispute Number WT/DS577] WTO Dispute Settlement Proceeding Regarding United States—AntiDumping and Countervailing Duties on Ripe Olives From Spain Office of the United States Trade Representative. ACTION: Notice with request for comments. AGENCY: The Office of the United States Trade Representative (USTR) is providing notice that the European Union (EU) has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement). You can find the request at www.wto.org in a document designated as WT/DS577/3. USTR invites written comments concerning the issues raised in this dispute. DATES: Although USTR will accept any comments during the course of the dispute settlement proceedings, you should submit your comment on or before October 7, 2019, to be assured of timely consideration by USTR. ADDRESSES: USTR strongly prefers electronic submissions made through the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments in Section III below. The docket number USTR–2019–0016. For alternatives to on-line submissions, please contact Sandy McKinzy at (202) 395–9483 before transmitting a comment and in advance of the relevant deadline. FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Nicholas Paster at (202) 395–3580 or Assistant General Counsel David Lyons at (202) 395–9446. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background Section 127(b)(1) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires notice and opportunity for comment after the United States submits or receives a request for the establishment of a WTO dispute settlement panel. Pursuant to this provision, USTR is providing notice that the EU has requested a dispute settlement panel pursuant to the WTO Understanding on Rules Procedures Governing the Settlement of Disputes (DSU). The panel established by the WTO will hold its meetings in Geneva, Switzerland. E:\FR\FM\06SEN1.SGM 06SEN1 47034 Federal Register / Vol. 84, No. 173 / Friday, September 6, 2019 / Notices II. Major Issues Raised by the European Union jspears on DSK3GMQ082PROD with NOTICES On January 29, 2019, the EU requested WTO consultations with the United States concerning the imposition of antidumping and countervailing duties on ripe olives from Spain, following final determinations by the U.S. Department of Commerce (DOC) and U.S. International Trade Commission in Ripe Olives from Spain: Final Affirmative Countervailing Duty Determination (DOC investigation number C–469–818), Ripe Olives from Spain: Final Affirmative Determination of Sales at Less Than Fair Value (DOC investigation number A–469–817), and Ripe Olives from Spain (ITC investigation numbers 701–TA–582 and 731–TA–1377), and section 771B of the Tariff Act of 1930 (19 U.S.C. 1677–2). You can find the consultation request at www.wto.org in a document designated as WT/DS577/1. On June 24, 2019, at the request of the EU, the WTO established a panel to examine the EU complaint. The EU’s request for establishment of a panel (WT/DS577/3) appears to be concerned with an alleged countervailing of subsidies that are not specific; the DOC’s alleged failure to conduct a pass-through analysis with respect to subsidies received by olive growers, and its reliance on Section 771B of the Tariff Act of 1930; the basis for the DOC’s calculation of the final subsidy rate of one respondent; and the ITC’s injury determination with respect to the volume and effect of subsidized imports. The EU claims that the imposition of duties is inconsistent with Articles VI:1, VI:2, and VI:3 of the WTO General Agreement on Tariffs and Trade 1994 (GATT 1994); Articles 1.1(a), 1.1(b), 1.2, 2.1, 2.1(a), (b), and (c), 2.2, 2.4, 10, 12.1, 12.5, 12.8, 14, 15.1, 15.2, 15.5, 19.1, 19.3, 19.4, and 32.1 of the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement); and Articles 3.1, 3.2, 3.5, and 12.2.2 of the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Antidumping Agreement). The EU further alleges that Section 771B of the Tariff Act of 1930 is inconsistent with Articles 1.1(b), 10, 14, 19.1, 19.3, 19.4, and 32.1 of the SCM Agreement and Article VI:3 of the GATT 1994. III. Public Comments: Requirements for Submissions USTR invites written comments concerning the issues raised in this dispute. All submissions must be in English and sent electronically via www.regulations.gov. To submit VerDate Sep<11>2014 16:53 Sep 05, 2019 Jkt 247001 comments via www.regulations.gov, enter docket number USTR–2019–0016 on the home page and click ‘‘search.’’ The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice by selecting ‘‘notice’’ under ‘‘document type’’ on the left side of the search-results page, and click on the link entitled ‘‘comment now!’’ For further information on using the www.regulations.gov website, please consult the resources provided on the website by clicking on ‘‘How to Use Regulations.gov’’ on the bottom of the home page. The www.regulations.gov website allows users to provide comments by filling in a ‘‘type comment’’ field, or by attaching a document using an ‘‘upload file’’ field. USTR prefers that you provide comments in an attached document. If a document is attached, it is sufficient to type ‘‘see attached’’ in the ‘‘type comment’’ field. USTR prefers submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the submission is in an application other than those two, please indicate the name of the application in the ‘‘type comment’’ field. For any comments submitted electronically that contain business confidential information (BCI), the file name of the business confidential version should begin with the characters ‘‘BC’’. Any page containing BCI must clearly be marked ‘‘BUSINESS CONFIDENTIAL’’ on the top and bottom of that page, and the submission should clearly indicate, via brackets, highlighting, or other means, the specific information that is business confidential. If you request business confidential treatment, you must certify in writing that disclosure of the information would endanger trade secrets or profitability, and that you would not customarily release the information to the public. Filers of submissions containing BCI also must submit a public version of their comments. The file name of the public version should begin with the character ‘‘P’’. Follow the ‘‘BC’’ and ‘‘P’’ with the name of the person or entity submitting the comments or rebuttal comments. For alternatives to online submissions, please contact Sandy McKinzy at (202) 395–9483 before transmitting a comment and in advance of the relevant deadline. USTR may determine that information or advice contained in a comment, other than BCI, is confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If a submitter believes that information or advice is confidential, s/he must clearly PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 designate the information or advice as confidential and mark it as ‘‘SUBMITTED IN CONFIDENCE’’ at the top and bottom of the cover page and each succeeding page, and provide a non-confidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR will maintain a public docket on this dispute settlement proceeding, docket number USTR–2019–0016, which is accessible at www.regulations.gov. The public file will include non-confidential public comments USTR receives regarding the dispute. If a dispute settlement panel is convened, or in the event of an appeal from a panel, USTR will make the following documents publicly available at www.ustr.gov: The U.S. submissions and any non-confidential summaries of submissions received from other participants in the dispute. If a dispute settlement panel is convened, or in the event of an appeal from a panel, the report of the panel, and, if applicable, the report of the Appellate Body, also will be available on the website of the World Trade Organization, at www.wto.org. Juan Millan Assistant United States Trade Representative for Monitoring and Enforcement, Office of the U.S. Trade Representative. [FR Doc. 2019–19230 Filed 9–5–19; 8:45 am] BILLING CODE 3290–F9–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Aviation Rulemaking Advisory Committee; Meeting Federal Aviation Administration (FAA), DOT. ACTION: Notice of Aviation Rulemaking Advisory Committee (ARAC) meeting. AGENCY: This notice announces a meeting of the ARAC. DATES: The meeting will be held on Thursday, September 19, 2019, from 1:00 p.m. to 3:00 p.m. Eastern Standard Time. Requests for accommodations to a disability must be received by Friday, September 6, 2019. Requests to speak during the meeting must submit a written copy of their remarks to the Designated Federal Officer (DFO) by Friday, September 6, 2019. Requests to submit written materials to be reviewed during the meeting must be received no later than Friday, September 6, 2019. SUMMARY: E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

Office of the United States Trade Representative

[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Pages 47033-47034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19230]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2019-0016; Dispute Number WT/DS577]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping and Countervailing Duties on Ripe Olives From Spain

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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

SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that the European Union (EU) has requested the 
establishment of a dispute settlement panel under the Marrakesh 
Agreement Establishing the World Trade Organization (WTO Agreement). 
You can find the request at www.wto.org in a document designated as WT/
DS577/3. USTR invites written comments concerning the issues raised in 
this dispute.

DATES: Although USTR will accept any comments during the course of the 
dispute settlement proceedings, you should submit your comment on or 
before October 7, 2019, to be assured of timely consideration by USTR.

ADDRESSES: USTR strongly prefers electronic submissions made through 
the Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments in Section III below. The docket 
number USTR-2019-0016. For alternatives to on-line submissions, please 
contact Sandy McKinzy at (202) 395-9483 before transmitting a comment 
and in advance of the relevant deadline.

FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Nicholas 
Paster at (202) 395-3580 or Assistant General Counsel David Lyons at 
(202) 395-9446.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 127(b)(1) of the Uruguay Round Agreements Act (URAA) (19 
U.S.C. 3537(b)(1)) requires notice and opportunity for comment after 
the United States submits or receives a request for the establishment 
of a WTO dispute settlement panel. Pursuant to this provision, USTR is 
providing notice that the EU has requested a dispute settlement panel 
pursuant to the WTO Understanding on Rules Procedures Governing the 
Settlement of Disputes (DSU). The panel established by the WTO will 
hold its meetings in Geneva, Switzerland.

[[Page 47034]]

II. Major Issues Raised by the European Union

    On January 29, 2019, the EU requested WTO consultations with the 
United States concerning the imposition of antidumping and 
countervailing duties on ripe olives from Spain, following final 
determinations by the U.S. Department of Commerce (DOC) and U.S. 
International Trade Commission in Ripe Olives from Spain: Final 
Affirmative Countervailing Duty Determination (DOC investigation number 
C-469-818), Ripe Olives from Spain: Final Affirmative Determination of 
Sales at Less Than Fair Value (DOC investigation number A-469-817), and 
Ripe Olives from Spain (ITC investigation numbers 701-TA-582 and 731-
TA-1377), and section 771B of the Tariff Act of 1930 (19 U.S.C. 1677-
2). You can find the consultation request at www.wto.org in a document 
designated as WT/DS577/1. On June 24, 2019, at the request of the EU, 
the WTO established a panel to examine the EU complaint.
    The EU's request for establishment of a panel (WT/DS577/3) appears 
to be concerned with an alleged countervailing of subsidies that are 
not specific; the DOC's alleged failure to conduct a pass-through 
analysis with respect to subsidies received by olive growers, and its 
reliance on Section 771B of the Tariff Act of 1930; the basis for the 
DOC's calculation of the final subsidy rate of one respondent; and the 
ITC's injury determination with respect to the volume and effect of 
subsidized imports. The EU claims that the imposition of duties is 
inconsistent with Articles VI:1, VI:2, and VI:3 of the WTO General 
Agreement on Tariffs and Trade 1994 (GATT 1994); Articles 1.1(a), 
1.1(b), 1.2, 2.1, 2.1(a), (b), and (c), 2.2, 2.4, 10, 12.1, 12.5, 12.8, 
14, 15.1, 15.2, 15.5, 19.1, 19.3, 19.4, and 32.1 of the WTO Agreement 
on Subsidies and Countervailing Measures (SCM Agreement); and Articles 
3.1, 3.2, 3.5, and 12.2.2 of the WTO Agreement on Implementation of 
Article VI of the General Agreement on Tariffs and Trade 1994 
(Antidumping Agreement). The EU further alleges that Section 771B of 
the Tariff Act of 1930 is inconsistent with Articles 1.1(b), 10, 14, 
19.1, 19.3, 19.4, and 32.1 of the SCM Agreement and Article VI:3 of the 
GATT 1994.

III. Public Comments: Requirements for Submissions

    USTR invites written comments concerning the issues raised in this 
dispute. All submissions must be in English and sent electronically via 
www.regulations.gov. To submit comments via www.regulations.gov, enter 
docket number USTR-2019-0016 on the home page and click ``search.'' The 
site will provide a search-results page listing all documents 
associated with this docket. Find a reference to this notice by 
selecting ``notice'' under ``document type'' on the left side of the 
search-results page, and click on the link entitled ``comment now!'' 
For further information on using the www.regulations.gov website, 
please consult the resources provided on the website by clicking on 
``How to Use Regulations.gov'' on the bottom of the home page.
    The www.regulations.gov website allows users to provide comments by 
filling in a ``type comment'' field, or by attaching a document using 
an ``upload file'' field. USTR prefers that you provide comments in an 
attached document. If a document is attached, it is sufficient to type 
``see attached'' in the ``type comment'' field. USTR prefers 
submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the 
submission is in an application other than those two, please indicate 
the name of the application in the ``type comment'' field.
    For any comments submitted electronically that contain business 
confidential information (BCI), the file name of the business 
confidential version should begin with the characters ``BC''. Any page 
containing BCI must clearly be marked ``BUSINESS CONFIDENTIAL'' on the 
top and bottom of that page, and the submission should clearly 
indicate, via brackets, highlighting, or other means, the specific 
information that is business confidential. If you request business 
confidential treatment, you must certify in writing that disclosure of 
the information would endanger trade secrets or profitability, and that 
you would not customarily release the information to the public. Filers 
of submissions containing BCI also must submit a public version of 
their comments. The file name of the public version should begin with 
the character ``P''. Follow the ``BC'' and ``P'' with the name of the 
person or entity submitting the comments or rebuttal comments. For 
alternatives to online submissions, please contact Sandy McKinzy at 
(202) 395-9483 before transmitting a comment and in advance of the 
relevant deadline.
    USTR may determine that information or advice contained in a 
comment, other than BCI, is confidential in accordance with section 
135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If a 
submitter believes that information or advice is confidential, s/he 
must clearly designate the information or advice as confidential and 
mark it as ``SUBMITTED IN CONFIDENCE'' at the top and bottom of the 
cover page and each succeeding page, and provide a non-confidential 
summary of the information or advice.
    Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR 
will maintain a public docket on this dispute settlement proceeding, 
docket number USTR-2019-0016, which is accessible at 
www.regulations.gov. The public file will include non-confidential 
public comments USTR receives regarding the dispute. If a dispute 
settlement panel is convened, or in the event of an appeal from a 
panel, USTR will make the following documents publicly available at 
www.ustr.gov: The U.S. submissions and any non-confidential summaries 
of submissions received from other participants in the dispute. If a 
dispute settlement panel is convened, or in the event of an appeal from 
a panel, the report of the panel, and, if applicable, the report of the 
Appellate Body, also will be available on the website of the World 
Trade Organization, at www.wto.org.

Juan Millan
Assistant United States Trade Representative for Monitoring and 
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2019-19230 Filed 9-5-19; 8:45 am]
 BILLING CODE 3290-F9-P

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