[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Notices]
[Pages 33495-33496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9034]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS343]


WTO Dispute Settlement Proceeding Regarding United States--
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 April 24, 2006, Thailand 
requested consultations with the United States under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO Agreement'') 
concerning certain issues relating to the imposition of antidumping 
measures on shrimp from Thailand. That request may be found at http://www.wto.org contained in a document designated as WT/DS343/1. 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 June 30, 2006 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], Attn: ``Thailand Shrimp Zeroing/Bond Dispute 
(DS343)'' 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: Elissa Alben, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-9622.

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. 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,

[[Page 33496]]

Switzerland, would be expected to issue a report on its findings and 
recommendations within 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 FR 47,100). On 
December 23, 2004, the Department of Commerce published notice of its 
affirmative final LTFV determination (69 FR 76,918), and on February 1, 
2005, the Department of Commerce published an amended final LTFV 
determination, along with an antidumping duty order, covering only 
certain frozen warm water shrimp from Thailand (70 FR 5145). The latter 
notice contains the final 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 1, 2.1, 2.4, 2.4.2, 3.1, 3.2, 3.3, 3.4, 3.5, 5.8, 9.2 and 9.3 
of the AD Agreement. In addition, Thailand alleges that the United 
States has imposed on importers a requirement to maintain a continuous 
entry bond in the amount of the anti-dumping duty margin multiplied by 
the value of imports of frozen warmwater shrimp imported by the 
importer in the preceding year, and that the continuous bond 
requirement and its application to goods subject to the order 
``constitute specific action against dumping not in accordance with'' 
Article VI:2 of the General Agreement on Tariffs and Trade 1994 (``GATT 
1994'') and its Ad Article, as well as Articles 2, 7.1, 7.2, 7.5, 9.2, 
and 9.3 of the AD Agreement. Thailand also states that the continuous 
bond requirement as such and its application to imports of frozen 
warmwater shrimp from Thailand may be inconsistent with Articles I:1, 
II, III, XI:1 and XIII:1, and may not be justified under Article XX(d), 
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 Zeroing/Bond Dispute (DS343)'' 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; 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-343, Thailand Shrimp Zeroing/Bond 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.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
 [FR Doc. E6-9034 Filed 6-8-06; 8:45 am]
BILLING CODE 3190-W6-P