[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Pages 80443-80444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31172]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS383]


WTO Dispute Settlement Proceeding Regarding United States--
Antidumping Measures on Polyethylene Retail Carrier Bags 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 November 26, 2008, 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 polyethylene retail carrier bags from Thailand. That 
request may be found at http://www.wto.org contained in a document 
designated as WT/DS383/1. 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, comments should be submitted on or before 
January 30, 2009 to be assured of timely consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically to 
www.regulations.gov, docket number USTR-2008-0043. 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: Elissa Alben, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-3150.

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 Thailand

    On November 26, 2008, Thailand requested consultations regarding 
antidumping measures on polyethylene retail carrier bags from Thailand. 
Thailand challenges the use of what it describes as ``the practice of 
`zeroing' negative anti-dumping margins in calculating overall 
weighted-average margins of dumping'' in the Department of Commerce's 
final and amended final determinations and antidumping duty order with 
respect to polyethylene retail carrier bags from Thailand.\1\ Thailand 
states that it considers this action to be inconsistent with the 
obligations of the United States under Article VI of the General 
Agreement on Tariffs and Trade 1994 (``GATT 1994''), and, in 
particular, under Article 2.4.2 of the Agreement on Implementation of 
Article VI of the GATT 1994.
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    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Polyethylene Retail Carrier Bags from Thailand, 69 FR 34122 
(June 18, 2004), Notice of Amended Final Determination of Sales at 
Less Than Fair Value: Polyethylene Retail Carrier Bags from 
Thailand, 69 FR 42419 (July 15, 2004), Antidumping Duty Order: 
Polyethylene Retail Carrier Bags from Thailand, 69 FR 48204, 9 
August 2004.
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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-
0043. 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-2008-0043 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

[[Page 80444]]

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 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-
0043 in the search field on the home page.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
 [FR Doc. E8-31172 Filed 12-30-08; 8:45 am]
BILLING CODE 3190-W9-P