WTO Dispute Settlement Proceeding Regarding United States-Origin Marking Requirement (Hong Kong, China), 13960-13961 [2021-05045]

Download as PDF 13960 Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Notices Nationality Act, as amended (hereinafter ‘‘INA’’) (8 U.S.C. 1189), exist with respect to Islamic State of Iraq and Syria—Democratic Republic of the Congo, also known as ISIS–DRC, also known as Allied Democratic Forces, also known as Madina at Tauheed Wau Mujahedeen, also known as City of Monotheism and Holy Warriors, also known as Islamic State Central Africa Province, also known as Wilayat Central Africa, also known as Wilayah Central Africa, also known as Wilayah Central Africa Media Office, also known as Wilayat Wasat Ifriqiyah, also known as ISIS-Central Africa. Therefore, I hereby designate the aforementioned organization and its aliases as a foreign terrorist organization pursuant to section 219 of the INA. This determination shall be published in the Federal Register. Dated: March 1, 2021. Antony J. Blinken, Secretary of State. BILLING CODE 4710–AD–P DEPARTMENT OF STATE [Public Notice: 11366] Designation of Abu Yasir Hassan as a Specially Designated Global Terrorist khammond on DSKJM1Z7X2PROD with NOTICES Dated: March 1, 2021. Antony J. Blinken, Secretary of State. [FR Doc. 2021–04907 Filed 3–10–21; 8:45 am] BILLING CODE 4710–AD–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket Number USTR–2021–0001; Dispute Number DS597] WTO Dispute Settlement Proceeding Regarding United States—Origin Marking Requirement (Hong Kong, China) Office of the United States Trade Representative. ACTION: Notice with request for comments. Acting under the authority of and in accordance with section 1(a)(ii)(B) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13268 of July 2, 2002, Executive Order 13284 of January 23, 2003, and Executive Order 13886 of September 9, 2019, I hereby determine that the person known as Abu Yasir Hassan, also known as Yaseer Hassan, also known as Abu Qasim, is a leader of Islamic State of Iraq and Syria—Mozambique, a group whose property and interests in property are blocked pursuant to a determination by the Secretary of State pursuant to Executive Order 13224. Consistent with the determination in section 10 of Executive Order 13224 that prior notice to persons determined to be subject to the Order who might have a constitutional presence in the United States would render ineffectual the blocking and other measures authorized in the Order because of the ability to transfer funds instantaneously, I determine that no prior notice needs to be provided to any person subject to this determination who might have a constitutional presence in the United States, because to do so would render ineffectual the measures authorized in the Order. Jkt 253001 The Office of the United States Trade Representative (USTR) is providing notice that Hong Kong, China has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement). You can find that request at www.wto.org in a document designated as WT/DS597/5. USTR invites written comments from the public 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 April 12, 2021 to be assured of timely consideration by USTR. ADDRESSES: USTR strongly prefers electronic submissions made the Federal eRulemaking Portal: http:// www.regulations.gov (Regs.gov). Follow the instructions for submitting comments in Section III below. The docket number is USTR–2021–0001. For alternatives to submission through Regs.gov, please contact Sandy McKinzy at (202) 395–9483. FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Heng Loke at (202) 395–9655 or YueHeng.Loke@ ustr.eop.gov, or Senior Associate General Counsel Leigh Bacon at (202) 395–5859 or Leigh_Bacon@ustr.eop.gov. SUPPLEMENTARY INFORMATION: SUMMARY: [FR Doc. 2021–04915 Filed 3–10–21; 8:45 am] 16:53 Mar 10, 2021 Authority: E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786. AGENCY: Authority: 8 U.S.C. 1189. VerDate Sep<11>2014 This notice shall be published in the Federal Register. 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 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 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 Hong Kong, China, has requested the establishment of a dispute settlement panel pursuant to the WTO Understanding on Rules Procedures Governing the Settlement of Disputes (DSU). In normal circumstances, once the WTO establishes a dispute settlement panel, the panel typically holds its meetings in Geneva, Switzerland. II. Major Issues Raised by Hong Kong, China On October 30, 2020, Hong Kong, China, requested consultations with the United States concerning certain measures affecting marks of origin with respect to imported goods produced in Hong Kong, China. You can find the consultation request at www.wto.org in a document designated as WT/DS597/1. The United States and Hong Kong, China, held consultations on November 24, 2020. On January 14, 2021, Hong Kong, China, made its request to the WTO to establish a WTO dispute settlement panel. On February 22, 2021, the WTO established a dispute settlement panel to examine Hong Kong, China’s complaint. Hong Kong, China’s panel request appears to concern measures that goods produced in Hong Kong, China, be marked to indicate that their origin is in ‘‘China’’ rather than ‘‘Hong Kong’’. These measures include Executive Order 13936 on Hong Kong Normalization, which suspends the application of Section 201(a) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5721(a)) to Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), among other statutes; Section 304 of the Tariff Act of 1930; Part 134, Customs Regulations (19 CFR 134); Section 201(a) of the United States-Hong Kong Policy Act of 1992; and Country of Origin Marking of Products of Hong Kong, 85 FR 48551 (August 11, 2020). Hong Kong, China alleges that these measures are inconsistent with Articles I:1, IX:1, X:3(a) of the WTO General Agreement on Tariffs and Trade 1994; Articles 2(c), (d), and (e) of the WTO Agreement on Rules of Origin; and Article 2.1 of the WTO Agreement on Technical Barriers to Trade. 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 Regs.gov. To submit comments via E:\FR\FM\11MRN1.SGM 11MRN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Notices Regs.gov, enter docket number USTR– 2021–0001 on the home page and click ‘search.’ The site will provide a searchresults 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 Regs.gov, please consult the resources provided on the website by clicking on ‘How to Use Regulations.gov’ on the bottom of the home page. Regs.gov 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. If you need assistance uploading your comment(s), please call the Regs.gov helpdesk at 1–877–378–5457, Option 2. For any comments submitted electronically that contain business confidential information (BCI), the file name of the business confidential version should begin with the characters ‘BCI’. Any page containing BCI must be clearly 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 material that is BCI. If you request business confidential treatment, you must certify in writing that disclosure of the information would endanger trade secrets or profitability, and that the information would not customarily be released 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’. The ‘BCI’ and ‘P’ should be followed by the name of the person or entity submitting the comments or rebuttal comments. If these procedures are not sufficient to protect BCI or otherwise protect business interests, please contact Sandy McKinzy at (202) 395–9483 to discuss whether alternative arrangements are possible. 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, they must clearly designate the information or advice as VerDate Sep<11>2014 16:53 Mar 10, 2021 Jkt 253001 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 docket on this dispute settlement proceeding, docket number USTR–2021–0001, accessible to the public 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 nonconfidential 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, will also be available on the website of the World Trade Organization, at www.wto.org. 13961 5725, or Director for Europe Michael Rogers, at (202) 395–3320. SUPPLEMENTARY INFORMATION: A. Proceedings in the Investigation For background on the proceedings in this investigation, please see prior notices including: Notice of initiation, 84 FR 15028 (April 12, 2019); notice of determination and action, 84 FR 54245 (October 9, 2019); and notices of revision of action,85 FR 10204 (February 21, 2020), 85 FR 50866 (August 18, 2020), 86 FR 674 (January 6, 2021), and 86 FR 9420 (February 12, 2021). B. Modification of Action SUMMARY: Section 307(a) of the Trade Act of 1974, as amended, (Trade Act) provides that the U.S. Trade Representative may modify or terminate any action subject to the specific direction, if any, of the President with respect to such action, that is being taken under section 301 if any of the conditions described in section 301(a)(2) exist. Section 301(a)(2)(B)(iv) of the Trade Act provides that the U.S. Trade Representative is not required to take action under section 301(a)(1) ‘‘in extraordinary cases, where the taking of action . . . would have an adverse impact on the United States economy substantially out of proportion to the benefits of such action, taking into account the impact of not taking such action on the credibility of [actions taken under Section 301].’’ Since its withdrawal from the European Union, the United Kingdom has demonstrated an increasing willingness to find a negotiated resolution to the disputes regarding trade in large civil aircraft. On March 4, 2021, the United States and the United Kingdom issued a Joint Statement promoting a resolution of the Large Civil Aircraft dispute: As of 12:01 a.m. eastern standard time on March 4, 2021, the additional duties on products of the United Kingdom covered by the action taken in this investigation are suspended for a period of four months. FOR FURTHER INFORMATION CONTACT: For questions about the investigation or this notice, contact Associate General Counsel Megan Grimball, at (202) 395– The United Kingdom and the United States are undertaking a four-month tariff suspension to ease the burden on industry and take a bold, joint step towards resolving the longest running disputes at the World Trade Organization. The United Kingdom ceased applying retaliatory tariffs in the Boeing dispute from January 1, 2021 to de-escalate the issue and create space for a negotiated settlement to the Airbus and Boeing disputes. The United States will now suspend retaliatory tariffs in the Airbus dispute from March 4, 2021, for four months. This will allow time to focus on negotiating a balanced settlement to the disputes, and begin seriously addressing the challenges posed by new entrants to the civil aviation market from non-market economies, such as China. This will benefit a wide range of industries on both sides of the Atlantic, and allow for Juan Millan, Assistant United States Trade Representative for Monitoring and Enforcement, Office of the United States Trade Representative. [FR Doc. 2021–05045 Filed 3–10–21; 8:45 am] BILLING CODE 3290–F0–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Modification of Section 301 Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute Office of the United States Trade Representative (USTR). ACTION: Notice. AGENCY: The U.S. Trade Representative has determined to modify the action being taken in the investigation by suspending the additional tariffs on goods of the United Kingdom for a period of four months. The suspension is in accord with a joint U.S.-UK statement that promotes a resolution of the large civil aircraft dispute. DATES: PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Notices]
[Pages 13960-13961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05045]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2021-0001; Dispute Number DS597]


WTO Dispute Settlement Proceeding Regarding United States--Origin 
Marking Requirement (Hong Kong, China)

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 Hong Kong, China has requested the establishment 
of a dispute settlement panel under the Marrakesh Agreement 
Establishing the World Trade Organization (WTO Agreement). You can find 
that request at www.wto.org in a document designated as WT/DS597/5. 
USTR invites written comments from the public 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 April 12, 2021 to be assured of timely consideration by USTR.

ADDRESSES: USTR strongly prefers electronic submissions made the 
Federal eRulemaking Portal: http://www.regulations.gov (Regs.gov). 
Follow the instructions for submitting comments in Section III below. 
The docket number is USTR-2021-0001. For alternatives to submission 
through Regs.gov, please contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Heng Loke at 
(202) 395-9655 or [email protected], or Senior Associate 
General Counsel Leigh Bacon at (202) 395-5859 or 
[email protected].

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 Hong Kong, China, has requested the establishment 
of a dispute settlement panel pursuant to the WTO Understanding on 
Rules Procedures Governing the Settlement of Disputes (DSU). In normal 
circumstances, once the WTO establishes a dispute settlement panel, the 
panel typically holds its meetings in Geneva, Switzerland.

II. Major Issues Raised by Hong Kong, China

    On October 30, 2020, Hong Kong, China, requested consultations with 
the United States concerning certain measures affecting marks of origin 
with respect to imported goods produced in Hong Kong, China. You can 
find the consultation request at www.wto.org in a document designated 
as WT/DS597/1. The United States and Hong Kong, China, held 
consultations on November 24, 2020. On January 14, 2021, Hong Kong, 
China, made its request to the WTO to establish a WTO dispute 
settlement panel. On February 22, 2021, the WTO established a dispute 
settlement panel to examine Hong Kong, China's complaint.
    Hong Kong, China's panel request appears to concern measures that 
goods produced in Hong Kong, China, be marked to indicate that their 
origin is in ``China'' rather than ``Hong Kong''. These measures 
include Executive Order 13936 on Hong Kong Normalization, which 
suspends the application of Section 201(a) of the United States-Hong 
Kong Policy Act of 1992 (22 U.S.C. 5721(a)) to Section 304 of the 
Tariff Act of 1930 (19 U.S.C. 1304), among other statutes; Section 304 
of the Tariff Act of 1930; Part 134, Customs Regulations (19 CFR 134); 
Section 201(a) of the United States-Hong Kong Policy Act of 1992; and 
Country of Origin Marking of Products of Hong Kong, 85 FR 48551 (August 
11, 2020). Hong Kong, China alleges that these measures are 
inconsistent with Articles I:1, IX:1, X:3(a) of the WTO General 
Agreement on Tariffs and Trade 1994; Articles 2(c), (d), and (e) of the 
WTO Agreement on Rules of Origin; and Article 2.1 of the WTO Agreement 
on Technical Barriers to Trade.

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 
Regs.gov. To submit comments via

[[Page 13961]]

Regs.gov, enter docket number USTR-2021-0001 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 Regs.gov, please consult the resources 
provided on the website by clicking on `How to Use Regulations.gov' on 
the bottom of the home page.
    Regs.gov 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. If you need assistance uploading your 
comment(s), please call the Regs.gov helpdesk at 1-877-378-5457, Option 
2.
    For any comments submitted electronically that contain business 
confidential information (BCI), the file name of the business 
confidential version should begin with the characters `BCI'. Any page 
containing BCI must be clearly 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 material that 
is BCI. If you request business confidential treatment, you must 
certify in writing that disclosure of the information would endanger 
trade secrets or profitability, and that the information would not 
customarily be released 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'. The `BCI' and `P' should be followed by 
the name of the person or entity submitting the comments or rebuttal 
comments. If these procedures are not sufficient to protect BCI or 
otherwise protect business interests, please contact Sandy McKinzy at 
(202) 395-9483 to discuss whether alternative arrangements are 
possible.
    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, they 
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 docket on this dispute settlement proceeding, docket 
number USTR-2021-0001, accessible to the public 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, will 
also 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 United States Trade Representative.
[FR Doc. 2021-05045 Filed 3-10-21; 8:45 am]
BILLING CODE 3290-F0-P