[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Notices]
[Pages 46830-46831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21945]



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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.

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SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that on August 20, 2009, Brazil 
requested the establishment of a panel under the Marrakesh Agreement 
Establishing the World Trade Organization (``WTO Agreement'') 
concerning certain issues relating to the imposition by the United 
States of antidumping measures on certain orange juice from Brazil. 
That request may be found at http://www.wto.org contained in a document 
designated as WT/DS382/4. 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 October 25, 2009, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2008-0044. 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: Leigh Bacon, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-5859.

SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round 
Agreements Act (URAA) (19 U.S.C. 2527(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 
Brazil has requested the establishment of a dispute settlement panel 
pursuant to the WTO Understanding on Rules and Procedures Governing the 
Settlement of Disputes (``DSU''). 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 Brazil

    In its request for establishment of a panel, Brazil challenges what 
it refers to as the ``methodology of `model zeroing' and/or U.S. 
`zeroing procedures' '' in the Department of Commerce's anti-dumping 
duty investigation of certain orange juice from Brazil,\1\ the 
``methodology of `simple zeroing' and/or U.S. `zeroing procedures' in 
the first and second administrative reviews of the anti-dumping duty 
order on certain orange juice from Brazil,\2\ and the ``continued use 
of the U.S. `zeroing procedures' in successive anti-dumping 
proceedings, in relation to the anti-dumping duty order issued in 
respect of imports of certain orange juice from Brazil.'' Brazil 
alleges inconsistencies with the obligations of the United States under 
Articles 2.1, 2.4.2, 2.4, 9.3, and 18.4 of the Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and 
Trade 1994, Articles II:1(a), II:1(b), VI:1, and VI:2 of the General 
Agreement on Tariffs and Trade 1994, and Article XVI:4 of the WTO 
Agreement.
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    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value and Affirmative Final Determination of Critical Circumstances: 
Certain Orange Juice From Brazil, 71 FR 2183 (Jan. 13, 2006); Notice 
of Amended Final Determination of Sales at Less Than Fair Value: 
Certain Orange Juice From Brazil, 71 FR 8841 (Feb. 21, 2009).
    \2\ See Certain Orange Juice From Brazil: Final Results and 
Partial Rescission of the Antidumping Duty Administrative Review, 73 
FR 46584 (Aug. 11, 2008); Certain Orange Juice From Brazil: Final 
Results of Antidumping Duty Administrative Review, 74 FR 40167 (Aug. 
11, 2009).
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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 http://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 http://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 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.) 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. A non-confidential summary of the confidential information must 
be submitted to http://www.regulations.gov. The non-confidential 
summary will be placed in

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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 http://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. E9-21945 Filed 9-10-09; 8:45 am]
BILLING CODE 3190-W9-P