[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28754-28755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14256]


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

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS382]


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 May 22, 2009, Brazil requested 
consultations with the United States under the Marrakesh Agreement 
Establishing the World Trade Organization (``WTO Agreement'') 
concerning the antidumping duty investigation on certain orange juice 
from Brazil, the second antidumping duty administrative review on 
certain orange juice from Brazil (Department of Commerce Case No. A-
351-840), and the ``continued use of the US zeroing procedures (`model' 
or `simple' zeroing) in successive antidumping proceedings.'' On 
November 27, 2008, Brazil requested consultations with the United 
States concerning the first antidumping administrative review on 
certain orange juice from Brazil and various U.S. laws, regulations, 
administrative procedures, practices, and methodologies. Those requests 
may be found at www.wto.org contained in documents designated as WT/
DS382/1/Add.1 and WT/DS382/1, respectively. 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 July 17, 2009 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2008-0044. 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.
    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. USTR solicited comments in response to Brazil's November 27, 
2008, consultations request in 73 Federal Register 80,442 (Dec. 31, 
2008). Comments received in response to that request may be viewed on 
the www.regulations.gov Web site by entering docket number USTR-2008-
0044 in the search field on the home page.

Major Issues Raised by Brazil

    In its second consultations request, filed on May 22, 2009, Brazil 
requested consultations regarding the antidumping duty investigation in 
Certain Orange Juice from Brazil: Final Results and Partial Rescission 
of Antidumping Administrative Review (A-351-840), covering the period 
from October 1, 2003, to September 30, 2004, and the final results 
thereof, 71 FR 2183 (January 13, 2006), the antidumping duty order, 71 
FR 12183 (Mar. 9, 2006), and any cash deposits issued pursuant thereto; 
and the antidumping duty administrative review covering the period from 
March 1, 2007, to February 29, 2008. Brazil also challenges the 
``continued use'' of ``zeroing'' procedures in successive antidumping 
proceedings in that case.
    Brazil alleges inconsistencies with Articles II, VI:1, and VI:2 of 
the General Agreement on Tariffs and Trade 1994,

[[Page 28755]]

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 their 
comments electronically to www.regulations.gov docket number USTR-2008-
0044. 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-2008-0044 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 website 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 may be viewed on the www.regulations.gov 
Web site by entering docket number USTR-2008-0044 in the search field 
on the home page.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. E9-14256 Filed 6-16-09; 8:45 am]
BILLING CODE 3190-W9-P