WTO Dispute Settlement Proceeding Regarding United States--Certain Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tires From China

Steven F. Fabry
Office of the United States Trade Representative
January 8, 2010

[Federal Register: January 8, 2010 (Volume 75, Number 5)]
[Notices]               
[Page 1110-1112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja10-94]                         

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS399]

 
WTO Dispute Settlement Proceeding Regarding United States--
Certain Measures Affecting Imports of Certain Passenger Vehicle and 
Light Truck Tires From China

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 December 9, 2009 the United 
States received a request from China for the establishment of a dispute 
settlement panel under the Marrakesh Agreement Establishing the World 
Trade Organization (``WTO Agreement'') concerning certain measures 
affecting imports of certain passenger vehicle and light truck tires 
from China. The request may be found at http://www.wto.org in document 
WT/DS399/2. USTR invites written comments from the public

[[Page 1111]]

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 January 29, 2010, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted electronically to http://
www.regulations.gov, docket number USTR-2009-0035. If you are unable to 
provide submissions by http://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: Mar[iacute]a L. Pag[aacute]n, 
Associate General Counsel, Office of the United States Trade 
Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395-
7305.

SUPPLEMENTARY INFORMATION: USTR is providing notice that establishment 
of a dispute settlement panel has been requested pursuant to the WTO 
Understanding on Rules and Procedures Governing the Settlement of 
Disputes (``DSU''). If a dispute settlement panel is established, the 
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 China

    In its request for the establishment of a panel, China challenges 
the additional duties imposed by the United States on certain passenger 
vehicle and light truck tires from China pursuant to a Presidential 
determination and proclamation issued on September 11, 2009 under 
section 421 of the Trade Act of 1974, as amended (19 U.S.C. 2451). The 
President's determination can be found at 74 FR 47433 (September 16, 
2009); the proclamation can be found at 74 FR 47861 (September 17, 
2009). The related report by the U.S. International Trade Commission 
issued as part of the investigation can be found at Certain Passenger 
Vehicle and Light Truck Tires from the People's Republic of China, 
Investigation No. TA-421-7, USITC Publication No. 4085 (July 2009). The 
additional duties took effect on September 26, 2009. The request 
purports to include any other measures the United States has announced 
or may announce to implement the President's determination.
    China alleges that the additional duties, not having been justified 
as emergency action under relevant WTO rules, are inconsistent with 
Article I:1 of the General Agreement on Tariffs and Trade 1994 (``GATT 
1994''), because the United States does not accord to Chinese tires the 
same treatment it accords to passenger vehicle and light truck tires 
from China originating in other countries; and with Article II of the 
GATT 1994, because the higher tariffs consist of unjustified 
modifications of U.S. concessions. China also alleges that these 
measures have not been properly justified pursuant to Article XIX of 
the GATT 1994 and the WTO Agreement on Safeguards. China also alleges 
that these measures have not been properly justified as China-specific 
restrictions under the Protocol on the Accession of the People's 
Republic of China (Protocol of Accession).
    Furthermore, China alleges that the U.S. statute authorizing these 
China-specific restrictions is inconsistent on its face with Article 16 
of the Protocol of Accession because, according to China, the statute 
impermissibly weakens the standard of ``significant cause'' by imposing 
a definition of the term that contradicts Article 16.4 of the Protocol 
of Accession. Finally, China alleges that the restrictions are 
inconsistent with Articles 16.1, 16.3, 16.4, and 16.6 of the Protocol 
of Accession.

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 http://www.regulations.gov docket number 
USTR-2009-0035. If you are unable to provide submissions by http://
www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to 
arrange for an alternative method of transmission.
    To submit comments via http://www.regulations.gov, enter docket 
number USTR-2009-0035 on the 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 http://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 http://www.regulations.gov site provides the option of 
providing comments by filling in a ``Type Comment and Upload File'' 
field, or by attaching a document. 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 Comment and Upload 
File'' 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 http://
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 http://www.regulations.gov. The non-confidential 
summary will be placed in the docket and open to public inspection. 
USTR will maintain a docket on this dispute settlement proceeding 
accessible to the public. 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,

[[Page 1112]]

received from other participants in the dispute; the report of the 
panel; and, if applicable, the report of the Appellate Body.
    Comments will be placed in the docket and open to public inspection 
pursuant to 15 CFR 2006.13, except confidential business information 
exempt from public inspection in accordance with 15 CFR 2006.15 or 
information determined by USTR to be confidential in accordance with 19 
U.S.C. 2155(g)(2). Comments open to public inspection may be viewed on 
the http://www.regulations.gov Web site.

Steven F. Fabry,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2010-126 Filed 1-7-10; 8:45 am]
BILLING CODE 3190-W0-P