WTO Dispute Settlement Proceeding Regarding China--Anti-Dumping and Countervailing Duties on Certain Automobiles From the United States |
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Bradford L. Ward
August 6, 2012
[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46788-46789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19154]
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TRADE REPRESENTATIVE
[Dispute No. WT/DS440/1]
WTO Dispute Settlement Proceeding Regarding China--Anti-Dumping
and Countervailing Duties on Certain Automobiles From the United States
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that on July 9, 2012, the United States
requested consultations with the Government of the People's Republic of
China (``China'') under the Marrakesh Agreement Establishing the World
Trade Organization (``WTO Agreement'') concerning China's antidumping
and countervailing duty measures on certain automobiles from the United
States. That request may be found at www.wto.org, contained in a
document designated as WT/DS440/1. 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 August 31, 2012 to assure timely consideration
by USTR.
ADDRESSES: Public comments should be submitted electronically at
www.regulations.gov, docket number USTR-2012-0016. 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: Dan Stirk, Associate General Counsel,
Office of the United States Trade Representative, (202) 395-3150; and
Joseph Rieras, Assistant General Counsel, Office of the United States
Trade Representative, (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 and a dispute
settlement panel is established pursuant to the DSU, such a panel,
which would hold its meetings in Geneva, Switzerland, would be expected
to issue a report on its findings and recommendations within nine
months after it is established.
Major Issues Raised by the United States
On July 9, 2012, the United States requested consultations
concerning China's antidumping and countervailing duty measures on
certain automobiles from the United States. In November 2009, China
initiated antidumping and countervailing duty investigations on exports
of certain automobiles from the United States. In December 2011, China
imposed antidumping and countervailing duties on those products.
In the course of its antidumping and countervailing investigations
concerning certain automobiles from the United States, and in imposing
duties on those products, China appears to have acted inconsistently
with its obligations under the General Agreement on Tariffs and Trade
(``GATT 1994''), the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994 (``AD Agreement''), and the
Agreement on Subsidies and Countervailing Measures (``SCM Agreement'').
China's actions which appear to be inconsistent with its obligations
include initiation of an investigation without sufficient evidence,
failure to disclose essential facts underlying its conclusions, failure
to adequately explain its findings and conclusions in sufficient
detail, failure to provide non-confidential summaries of submissions,
failure to objectively examine the evidence, failure to make
determinations based on positive evidence, and failure to disclose
calculations and data used to reach its conclusions.
Specifically, the United States asserts in the request for
consultations that China's antidumping and countervailing duty measures
on certain automobiles from the United States appear to be inconsistent
with the following provisions of the GATT 1994, the AD Agreement, and
the SCM Agreement:
1. Articles 5.3 and 5.4 of the AD Agreement, and Articles 11.3
and 11.4 of the SCM Agreement, because: (a) China failed to examine
the degree of support for, or opposition to, the application
expressed by domestic producers of the like product prior to
initiating the antidumping and countervailing duty investigations;
(b) China initiated the investigations when domestic producers
supporting the application accounted for less than 25 per cent of
total production of the like product produced by the domestic
industry; and (c) China failed to examine or review the accuracy and
adequacy of the evidence provided in the application.
2. Article 11.3 of the SCM Agreement because the application for a
countervailing duty investigation failed to contain information
reasonably available to the applicant and therefore there was
insufficient evidence in the application to justify the initiation of a
countervailing duty investigation with respect to several programs.
3. Article 6.5.1 of the AD Agreement and Article 12.4.1 of the SCM
Agreement because China failed to require the applicant to provide
adequate non-confidential summaries of allegedly confidential
information.
4. Article 6.9 of the AD Agreement because China failed to
adequately disclose the calculations and data used to establish the
antidumping duty rates it determined.
5. Articles 12.2 and 12.2.2 of the AD Agreement because China
failed to provide in sufficient detail the findings and conclusions
reached on all issues of fact and law it considered material, and the
reasons for the acceptance or rejection of relevant arguments or
claims.
6. Article 6.8, including Annex II, paragraph 1, and Articles 6.9,
12.2, and 12.2.2 of the AD Agreement and Articles 12.7, 12.8, 22.3, and
22.5 of the SCM Agreement because: (a) China improperly based its
determination of the ``all others'' antidumping and countervailing duty
rates on the facts available; (b) China failed to disclose the
essential facts underlying its ``all others'' rate determinations; (c)
China failed to set forth in sufficient detail the findings and
conclusions reached on all issues of fact and law it considered
material in its ``all others'' rate determinations; and (d) with
respect to the ``all others'' rates, China failed to make available all
relevant information on the matters of fact and law and
[[Page 46789]]
reasons which have led to the imposition of the final measures.
7. Articles 3.1 and 4.1 of the AD Agreement and Articles 15.1 and
16.1 of the SCM Agreement because China made a determination of injury
using an improper definition of the domestic industry and as a result
failed to base its determination on positive evidence and conduct an
objective examination of the facts with respect to the domestic
industry producing the subject imports.
8. Articles 3.1 and 3.2 of the AD Agreement and Articles 15.1 and
15.2 of the SCM Agreement because China's analysis of the effects of
imports under investigation on the price of the like product was not
based upon an objective examination of the record and positive
evidence.
9. Articles 3.1, 3.4, and 3.5 of the AD Agreement and Articles
15.1, 15.4, and 15.5 of the SCM Agreement because: (a) China's analysis
of the alleged causal link was not based upon an objective examination
of the record and positive evidence, including an examination of all
relevant economic factors and indices having a bearing on the state of
the industry, an examination of all relevant evidence before the
authorities, or an examination of any known factors other than
allegedly dumped and subsidized imports which at the same time were
injuring the domestic industry, and (b) China failed to meet the
requirement that injuries caused by other factors must not be
attributed to the allegedly dumped and subsidized imports.
10. Article 6.2 of the AD Agreement because China failed to grant
interested parties a full opportunity for the defense of their
interests.
11. Article 1 of the AD Agreement as a consequence of the breaches
of the AD Agreement described above.
12. Article 10 of the SCM Agreement as a consequence of the
breaches of the SCM Agreement described above.
13. Article VI of the GATT 1994 as a consequence of the breaches of
the AD and SCM Agreements described above.
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-
2012-0016. 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-2012-0016 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 ``Submit a Comment'' (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 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 at 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 at 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-2012-0016, 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.
Bradford L. Ward,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2012-19154 Filed 8-3-12; 8:45 am]
BILLING CODE 3290-F2-P