[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Pages 80442-80443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31171]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS382/1]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Administrative Reviews and Other Measures Related to Imports of 
Certain Orange Juice From Brazil

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that on November 27, 2008, Brazil 
requested consultations with the United States under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO Agreement'') 
concerning the antidumping duty administrative review on certain orange 
juice from Brazil (Department of Commerce Case No. A-351-840) and 
various U.S. laws, regulations, administrative procedures, practices, 
and methodologies. That request may be found at www.wto.org contained 
in a document designated as WT/DS382/1. 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 26 to be assured of timely consideration 
by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2008-44. 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: Leigh Bacon, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-5859.

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 Brazil

    On November 27, 2008, Brazil requested consultations regarding the 
antidumping duty administrative review on certain orange juice from 
Brazil, referring in particular to the use of ``zeroing'' in that 
review. Brazil challenges (1) the determination by the Department of 
Commerce in Certain Orange Juice from Brazil: Final Results and Partial 
Rescission of Antidumping Administrative Review (A-351-840), 73 FR 
46584 (Aug. 11, 2008), covering the period of August 24, 2005, through 
February 28, 2007, and assessment instructions and cash deposit 
requirements issued pursuant thereto; (2) the determinations of the 
Department of Commerce in any ongoing or future antidumping duty 
administrative reviews in that case, the final results thereof, and 
assessment instructions and cash deposit requirements issued pursuant 
thereto; and (3) any actions taken by Customs and Border Protection to 
collect definitive anti-dumping duties at assessment rates established 
in the administrative reviews in that case, including the issuance of 
liquidation instructions and notices. Brazil also challenges various 
U.S. laws, regulations, administrative procedures, practices, and 
methodologies: (1) The Tariff Act of 1930, as amended, in particular 
sections 736, 751, 771(35)(A) and (B), and 777A(c) and (d) (19 U.S.C. 
1673e, 1675, 1677(35)(A) and (B), and 1677f(c) and (d)); (2) the 
Statement of Administrative Action accompanying the Uruguay Round 
Agreements Act, H.R. Doc. No. 103-316 (1994), reprinted in 1994 
U.S.C.C.A.N. 4040; (3) Department of Commerce regulations set forth in 
part 351 of Title 19 of the Code of Federal Regulations, in particular 
sections 351.212(b) and 351.414(c) and (e); (4) the Import 
Administration Antidumping Manual (1997 ed.), including the computer 
programs referenced therein; and (5) the use of ``zeroing'' procedures 
and methodologies in antidumping administrative reviews.
    Brazil alleges that these laws, regulations, administrative 
procedures, practices, and methodologies are, as such and as applied in 
the Department of Commerce determinations and actions by Customs and 
Border Protection in the orange juice administrative review, 
inconsistent with Articles II, VI:1, and VI:2 of the General Agreement 
on Tariffs and Trade 1994, Articles 1, 2.1, 2.4, 2.4.2, 9.1, 9.3, 11.2, 
and 18.4 of the Agreement on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994 (the Anti-Dumping 
Agreement); and Article XVI:4 of the WTO Agreement.

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-
44. 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-2008-44 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''

[[Page 80443]]

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.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
 [FR Doc. E8-31171 Filed 12-30-08; 8:45 am]
BILLING CODE 3190-W9-P