[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Pages 80444-80445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31170]


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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 December 9, 2008, the People's 
Republic of China (``China'') requested the establishment of a dispute 
settlement panel 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/DS379/2. 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 February 20, 2009 to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2008-0035. If you are unable to 
provide submissions by 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: Arun Venkataraman, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-5694.

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 
the establishment of a dispute settlement panel has been requested 
pursuant to the WTO Understanding on Rules and Procedures Governing the 
Settlement of Disputes (``DSU'') in this dispute. If such a 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

    In its December 9, 2008 panel request, China makes a number of 
allegations concerning 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

[[Page 80445]]

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 allegedly 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 public 
comments electronically to www.regulations.gov, docket number USTR-
2008-0035. If you are unable to provide submissions by 
www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to 
arrange for an alternative method of transmission.
    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 submitted by fax 
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the 
confidential information must be submitted to 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 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, 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 
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. E8-31170 Filed 12-30-08; 8:45 am]
BILLING CODE 3190-W9-P