[Federal Register Volume 69, Number 250 (Thursday, December 30, 2004)]
[Notices]
[Pages 78518-78519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28627]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS324]


WTO Dispute Settlement Proceeding Regarding United States--
Provisional Antidumping Measures on Shrimp From Thailand

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, 2004, Thailand 
requested consultations with the United States under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO Agreement'') 
concerning the imposition of provisional antidumping measures on shrimp 
from Thailand. That request may be found at http://www.wto.org 
contained in a document designated as WT/DS324/1. 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 January 15, 2005 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], Attn: ``Thailand Shrimp Provisional AD Dispute 
(DS324)'' in the subject line, or (ii) by fax, to Sandy McKinzy at 
(202) 395-3640. For documents sent by fax, USTR requests that the 
submitter provide a confirmation copy to the electronic mail address 
listed above.

FOR FURTHER INFORMATION CONTACT: Jeff Weiss, Assistant General Counsel, 
Office of the United States Trade Representative, 600 17th Street, NW., 
Washington, DC 20508, (202) 395-4498.

SUPPLEMENTARY INFORMATION: Section 127(b) 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, but in an effort to provide 
additional opportunity for comment, 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 panel, which 
would hold its meetings in Geneva, Switzerland, would be expected to 
issue a report on its findings and recommendations within six to nine 
months after it is established.

Major Issues Raised by Thailand

    On August 4, 2004, the Department of Commerce published in the 
Federal Register notice of its affirmative preliminary less-than-fair-
value (``LTFV'') determination in an investigation concerning certain 
frozen and canned warm water shrimp from Thailand (69 Fed. Reg. 
47,100). That notice contains the estimated margins of LTFV sales, as 
provided in section 733 of the Tariff Act of 1930, as amended.
    In its request for consultations, Thailand alleges that the United 
States ``through its use of ``zeroing'' * * * failed to make a fair 
comparison between the export price and the normal value and calculated 
distorted margins of dumping,'' and therefore violated Articles 2.4 and 
2.4.2 of the AD Agreement; that its use of ``adverse facts available'' 
to determine normal values for one Thai exporter was inconsistent with 
Articles 6.8 and 6.13 and paragraphs 3, 5, 6, and 7 of Annex II of the 
AD Agreement; and that the U.S. ``failure to make due allowances * * * 
for differences that affected price comparability between export prices 
and normal values for the Thai exporters, including differences 
relating to levels of trade and duty drawback payments'' also was 
inconsistent with Article 2.4 of the AD Agreement.
    Further, Thailand's consultation request states that, as a result 
of ``the foregoing methodologies, calculations, comparisons, and 
determinations,'' the United States has acted inconsistently with 
Articles 1 and 7.1 of the AD Agreement and Article VI of the GATT 1994.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this dispute. Persons may submit their 
comments either (i) electronically, to [email protected], Attn: 
``Thailand Shrimp Provisional AD Dispute (DS324)'' in the subject line, 
or (ii) by fax to Sandy McKinzy at (202) 395-3640. For documents sent 
by fax, USTR requests that the submitter provide a confirmation copy to 
the electronic mail address listed above.
    USTR encourages the submission of documents in Adobe PDF format, as 
attachments to an electronic mail. Interested persons who make 
submissions by electronic mail should not provide separate cover 
letters;

[[Page 78519]]

information that might appear in a cover letter should be included in 
the submission itself. Similarly, to the extent possible, any 
attachments to the submission should be included in the same file as 
the submission itself, and not as separate files.
    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.
    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) Is encouraged to 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 file on this dispute settlement proceeding, accessible 
to the public, in the USTR Reading Room, which is located at 1724 F 
Street, NW., Washington, DC 20508. 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, the U.S. 
submissions to that panel, the submissions, or non-confidential 
summaries of submissions, to the panel received from other participants 
in the dispute, as well as the report of the panel; and, if applicable, 
the report of the Appellate Body. An appointment to review the public 
file (Docket No. WT/DS-324, Thailand Shrimp Provisional AD Dispute) may 
be made by calling the USTR Reading Room at (202) 395-6186. The USTR 
Reading Room is open to the public from 9:30 a.m. to noon and 1 p.m. to 
4 p.m., Monday through Friday.

Bruce R. Hirsh,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 04-28627 Filed 12-29-04; 8:45 am]
BILLING CODE 3190-W5-P