[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Notices]
[Pages 32217-32219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15861]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS394]


WTO Dispute Settlement Proceeding Regarding China--Measures 
Related to the Exportation of Various Raw Materials

AGENCY: Office of the United States Trade Representative.

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ACTION: Notice; request for comments.

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SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that on June 23, 2009, in accordance 
with the Marrakesh Agreement Establishing the World Trade Organization 
(``WTO Agreement''), the United States requested consultations 
regarding restraints on the export from China of various forms of 
bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, 
silicon metal, yellow phosphorus, and zinc (the ``materials''). That 
request may be found at http://www.wto.org contained in a document 
designated as WT/DS394/1. 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 July 31, 2009 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2009-0016. If you are unable to 
provide submissions by http://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: Shubha Sastry, Assistant General 
Counsel, or Katherine Tai, Associate General Counsel, Office of the 
United States Trade Representative, 600 17th Street, NW., Washington, 
DC 20508, (202) 395-6139 or (202) 395-9589.

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 six to nine 
months after it is established.

Major Issues Raised by the United States

    On June 23, 2009, the United States requested consultations 
regarding China's restraints on the export from China of various forms 
of bauxite (``bauxite'' includes but is not limited to items falling 
under the following HS numbers, as listed in Attachment 1 of Notice 
``2009 Export Licensing Management Commodities List'' (Ministry of 
Commerce and General Administration of Customs, Notice (2008) No. 100, 
January 1, 2009) (``2009 Export Licensing List'') and/or Table 7 of 
Notice Regarding the 2009 Tariff Implementation Program (State Council 
Tariff Policy Commission, shuiweihui (2008) No. 40, January 1, 2009) 
(``2009 Export Duty List''): 2508300000/25083000, 2606000000/26060000, 
26204000), coke (``coke'' includes but is not limited to items falling 
under the following HS numbers, as listed in the 2009 Export Licensing 
List and/or the 2009 Export Duty List: 2704001000/27040010), fluorspar 
(``fluorspar'' includes but is not limited to items falling under the 
following HS numbers, as listed in the 2009 Export Licensing List and/
or the 2009 Export Duty List: 2529210000/25292100, 2529220000/
25292200), magnesium (``magnesium'' includes but is not limited to 
items falling under the following HS numbers, as listed in the 2009 
Export Licensing List and/or the 2009 Export Duty List: 81041100, 
81041900, 81042000), manganese (``manganese'' includes but is not 
limited to items falling under the following HS numbers, as listed in 
the 2009 Export Licensing List and/or the 2009 Export Duty List: 
26020000, 8111001010/81110010, 8111001090/81110010), silicon carbide 
(``silicon carbide'' includes but is not limited to items falling under 
the following HS numbers, as listed in the 2009 Export Licensing List 
and/or the 2009 Export Duty List: 2849200000, 3824909910), silicon 
metal (``silicon metal'' includes but is not limited to items falling 
under the following HS numbers, as listed in the 2009 Export Licensing 
List and/or the 2009 Export Duty List: 28046900), yellow phosphorus 
(``yellow phosphorus'' includes but is not limited to items falling 
under the following HS numbers, as listed in the 2009 Export Licensing 
List and/or the 2009 Export Duty List: 28047010), and zinc (``zinc'' 
includes but is not limited to items falling under the following HS 
numbers, as listed in the 2009 Export Licensing List and/or the 2009 
Export Duty List: 2608000001/26080000, 2608000090/26080000, 7901119000/
79011190, 7901120000/79011200, 7901200000/79012000, 79020000, 26201100, 
26201900).
    These restraints include: Quantitative restrictions on the export 
of bauxite, coke, fluorspar, silicon carbide, and zinc; export duties 
on bauxite, coke, fluorspar, magnesium, manganese, silicon metal, 
yellow phosphorus, and zinc; additional requirements and procedures 
(administered through China's ministries and other organizations under 
the State Council as well as chambers of commerce) in connection with 
the export of the materials, including, but not limited to, restricting 
the right to export based on, for example, prior export experience, 
establishing criteria that foreign-invested enterprises must satisfy in 
order to export that are different from those that domestic entities 
must satisfy, and requiring exporters to pay fees; and a minimum export 
price system for the materials and requiring the examination and 
approval of export contracts and export prices (administered through 
China's ministries and other organizations under the State Council as 
well as chambers of commerce).
    USTR believes that these export restraints are inconsistent with 
China's obligations under Articles VIII, X, and XI of the General 
Agreement on Tariffs and Trade 1994; paragraphs 5.1, 5.2, 8.2, and 11.3 
of Part I of the Protocol on the Accession of the People's Republic of 
China (``Accession Protocol''); and the provisions of paragraph 1.2 of 
Part I of the Accession Protocol (which incorporates commitments in 
paragraphs 83, 84, 162, and 165 of the Report of the Working Party on 
the Accession of China).

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 http://www.regulations.gov, docket number 
USTR-2009-0016. If you are unable to provide submissions by http://www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to 
arrange for an alternative method of transmission.
    To submit comments via http://www.regulations.gov, enter docket 
number USTR-2009-0016 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 http://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.)

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    The http://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 http://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 to Sandy McKinzy at (202) 395-3640. A non-confidential summary 
of the confidential information must be submitted to http://www.regulations.gov or by fax. 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 Sec.  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 http://www.regulations.gov Web site.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. E9-15861 Filed 7-6-09; 8:45 am]
BILLING CODE 3190-W9-P