[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Notices]
[Page 51650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14346]



[[Page 51650]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS335]


WTO Dispute Settlement Proceeding Regarding United States--
Antidumping Measure on Shrimp From Ecuador

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 Ecuador has requested the 
establishment of a dispute settlement panel under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO 
Agreement''). That request may be found at http://www.wto.org contained 
in a document designated as WT/DS335/6. 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 September 22, 2006, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) Electronically, to 
[email protected], Attn: ``Ecuador Shrimp AD Dispute (DS335)'' 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: Bruce Hirsh, Deputy Assistant United 
States Trade Representative for Monitoring and Enforcement, Office of 
the United States Trade Representative, 600 17th Street, NW., 
Washington, DC 20508, (202) 395-3582.

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, USTR is providing notice that a 
dispute settlement panel has been established pursuant to the WTO 
Dispute Settlement Understanding (``DSU''). The panel will hold its 
meetings in Geneva, Switzerland.

Major Issues Raised by Ecuador

    On December 23, 2004, the U.S. Department of Commerce published in 
the Federal Register notice of its affirmative final less-than-fair-
value (``LTFV'') determination in the antidumping investigation 
concerning certain frozen and canned warmwater shrimp from Ecuador (69 
FR 76913). On February 1, 2005, the Department of Commerce published 
notice of an amended final LTFV determination, along with an 
antidumping duty order (70 FR 5156). The latter notice contains the 
final margins of LTFV sales.
    In its request for the establishment of a panel, Ecuador alleges 
that the Department of Commerce improperly calculated margins of 
dumping by ``zeroing'' so-called ``negative anti-dumping margins.'' 
Based on the use of zeroing, Ecuador alleges that the final LTFV 
determination and the antidumping duty order are inconsistent with the 
first sentence of Article 2.4.2 of the Agreement on Implementation of 
Article VI of the General Agreement on Tariffs and Trade 1994. In this 
regard, on March 6, 2006, the Department of Commerce announced that it 
will no longer use ``zeroing'' when making average-to-average 
comparisons in an antidumping investigation. See 71 FR 11189.

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: 
``Ecuador Shrimp AD Dispute (DS335)'' 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-335, Ecuador Shrimp 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.

Daniel E. Brinza,
Assistant United States Trade Representative, for Monitoring and 
Enforcement.
[FR Doc. E6-14346 Filed 8-29-06; 8:45 am]
BILLING CODE 3190-W6-P