[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67214-67215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26978]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS379]


WTO Dispute Settlement Proceeding Regarding United States--
Definitive Anti-Dumping and Countervailing Duties on Certain Products 
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 September 19, 2008, the People's 
Republic of China (``China'') requested consultations with the United 
States under the Marrakesh Agreement Establishing the World Trade 
Organization (``WTO Agreement'') concerning final anti-dumping and 
countervailing duty determinations and orders by the Department of 
Commerce on imports of the following products from China: Circular 
Welded Carbon Quality Steel Pipe (Investigations A-570-910 and C-570-
911); Certain New Pneumatic Off-the-Road Tires (Investigations A-570-
912 and C-570-913); Light-Walled Rectangular Pipe and Tube 
(Investigations A-570-914 and C-570-915); and Laminated Woven Sacks 
(Investigations A-570-916 and C-570-917). That request may be found at 
www.wto.org contained in a document designated as WT/DS379/1. 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 December 12, 2008 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically to 
www.regulations.gov, docket number USTR-2008-0035, 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 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Arun Venkataraman, Associate General 
Counsel, Office of the United States

[[Page 67215]]

Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 
395-5694.

SUPPLEMENTARY INFORMATION: 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 nine months 
after it is established.

Major Issues Raised by China

    On September 19, 2008, China requested consultations regarding the 
Department of Commerce's final antidumping and countervailing duty 
determinations and orders regarding the following products from China: 
Circular Welded Carbon Quality Steel Pipe (Investigations A-570-910 and 
C-570-911); Certain New Pneumatic Off-the-Road Tires (Investigations A-
570-912 and C-570-913); Light-Walled Rectangular Pipe and Tube 
(Investigations A-570-914 and C-570-915); and Laminated Woven Sacks 
(Investigations A-570-916 and C-570-917). These final determinations 
and orders are available at the following Web pages of the Department 
of Commerce: http://ia.ita.doc.gov/frn/0806frn/index.html#CHINA, http://ia.ita.doc.gov/frn/0807frn/index.html#CHINA, http://ia.ita.doc.gov/-frn/0808frn/index.html#CHINA, http://ia.ita.doc.gov/frn/0809frn/index.html#CHINA.
    With respect to certain of the aforementioned determinations, China 
alleges that the Department of Commerce acted inconsistently with 
particular provisions of the General Agreement on Tariffs and Trade 
1994, WTO Agreement on Anti-Dumping (``Anti-Dumping Agreement''), and 
Agreement on Subsidies and Countervailing Measures (``SCM Agreement'') 
when it (i) erroneously concluded that certain State-owned enterprises 
are ``public bodies,'' (ii) failed to determine whether such 
enterprises had been ``entrusted or directed'' to provide a ``financial 
contribution,'' (iii) erroneously concluded that a ``benefit'' had been 
conferred, and (iv) failed to demonstrate ``specificity.'' China also 
alleges that the United States acted inconsistently with particular 
provisions of the Anti-Dumping Agreement and SCM Agreement in 
connection with the Department of Commerce's use of a non-market 
economy (NME) methodology for the purpose of determining the existence 
and amount of alleged dumping under Article VI of the GATT 1994 and the 
AD Agreement, simultaneously with the determination of subsidization 
and imposition of countervailing duties on the same subject 
merchandise. Finally, China alleges actions inconsistent with the Anti-
Dumping Agreement and the SCM Agreement in connection with the 
Department of Commerce's conduct of the underlying anti-dumping and 
countervailing duty investigations, including its failure to inform 
interested parties of certain issues and the use of adverse inferences 
and facts available.

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 www.regulations.gov, docket 
number USTR-2008-0035, 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 www.regulations.gov.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2008-0035 on the home page and click ``go''. 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 ``Send a Comment or Submission.'' (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 This Site'' on the left side of the home page.)
    The www.regulations.gov site provides the option of providing 
comments by filling in a ``General Comments'' 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 ``General 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 accompanied by a 
non-confidential summary of the confidential information. 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.
    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, 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 may be viewed on the www.regulations.gov 
Web site by entering docket number USTR-2008-0035 in the search field 
on the home page.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
 [FR Doc. E8-26978 Filed 11-12-08; 8:45 am]
BILLING CODE 3190-W9-P