WTO Dispute Settlement Proceeding Regarding United States--Anti-Dumping and Countervailing Duties on Certain Automobiles From the United States |
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Juan Millan
October 11, 2012
[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61818-61819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25053]
[[Page 61818]]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS440]
WTO Dispute Settlement Proceeding Regarding United States--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 September 18, 2012, the United
States requested the establishment of a dispute settlement panel under
the Marrakesh Agreement Establishing the World Trade Organization
(``WTO Agreement'') with the People's Republic of China (``China'')
concerning China's anti-dumping and countervailing duties on certain
automobiles from the United States. That request may be found at
www.wto.org in a document designated as WT/DS440/2. 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 November 16, 2012, to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
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; or Joseph Rieras,
Assistant General Counsel, Office of the United States Trade
Representative. Contact information is: 600 17th Street NW.,
Washington, DC 20508, (202) 395-3150.
SUPPLEMENTARY INFORMATION: Section 127(b)(1) 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
the United States has requested a panel pursuant to the WTO
Understanding on Rules and Procedures Governing the Settlement of
Disputes (``DSU''). Once it is established, the panel will hold its
meetings in Geneva, Switzerland, and 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
The United States considers that certain measures imposing
antidumping and countervailing duties on certain automobiles from the
United States are inconsistent with China's obligations under the WTO
Agreement. The measures are set forth in the Ministry of Commerce of
the People's Republic of China (``MOFCOM'') Notice No. 20 [2011] and
Notice No. 84 [2011], including any and all annexes. These measures
appear to be inconsistent with Articles 1, 3.1, 3.2, 3.4, 3.5, 4.1,
5.4, 6.5.1, 6.8, 6.9, 12.2, 12.2.2, and Paragraph 1 of Annex II of the
WTO Agreement on Implementation of Article VI of the General Agreement
on Tariffs and Trade 1994 (``AD Agreement''); Articles 10, 11.4,
12.4.1, 12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 16.1, 22.3, and 22.5 of the
WTO Agreement on Subsidies and Countervailing Measures (``SCM
Agreement''); and Article VI of the General Agreement on Tariffs and
Trade 1994 (``GATT 1994''). On July 5, 2012, the United States
requested consultations with China. That request may be found at
www.wto.org contained in a document designated as WT/DS440/1. The
United States and China held consultations on August 23, 2012, but the
consultations did not resolve the matter.
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 at 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 ``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
Regulations.gov Site'' on the bottom of the page.)
The www.regulations.gov site provides the option of providing
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
submitted by that person 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 open to
public inspection.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by USTR to be
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 open to public inspection.
Pursuant to section 127(e) of the Uruguay Round Agreements Act (19
[[Page 61819]]
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement
proceeding accessible to the public at www.regulations.gov, docket
number USTR-2012-0016. The public file will include non-confidential
comments received by USTR from the public with respect to the dispute.
If a dispute settlement panel is convened or in the event of an appeal
from such a panel, the U.S. submissions, any non-confidential
submissions, or non-confidential summaries of submissions, received
from other participants in the dispute, will be made available to the
public on USTR's Web site at www.ustr.gov, and the report of the panel,
and, if applicable, the report of the Appellate Body, will be available
on the Web site of the World Trade Organization, www.wto.org. Comments
open to public inspection may be viewed on the www.regulations.gov Web
site.
Juan Millan,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2012-25053 Filed 10-10-12; 8:45 am]
BILLING CODE 3290-F3-P