[Federal Register Volume 74, Number 190 (Friday, October 2, 2009)]
[Notices]
[Pages 50997-50998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23829]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS399/1]


WTO Dispute Settlement Proceeding Regarding United States--
Certain Measures Affecting Imports of Certain Passenger Vehicle and 
Light Truck Tires From China

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 September 14, 2009, the People's 
Republic of China (``China'') requested consultations with the United 
States under the Marrakesh Agreement Establishing the World Trade 
Organization (``WTO Agreement'') with respect to certain measures 
affecting the import of certain passenger vehicle and light truck tires 
from China (China tires) into the United States. That request may be 
found at http://www.wto.org contained in a document designated as WT/
DS399/1. 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 October 30 to be assured of timely consideration 
by USTR.

ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2009-0035. 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: Mar[iacute]a L. Pag[aacute]n, 
Associate General Counsel, Office of the United States Trade 
Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395-
9626.

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 China

    On September 14, 2009, China requested consultations regarding 
restrictions recently announced by the United States on imports of 
Chinese tires. According to China, these restrictions take the form of 
substantially higher tariffs over the next three years well in excess 
of the tariff rates permitted under U.S. international obligations to 
China. The restrictions were announced on September 11, 2009, by U.S. 
authorities following an investigation pursuant to section 421 of the 
Trade Act of 1974, as amended (19 U.S.C. 2451). The report by the U.S. 
International Trade Commission issued as part of the investigation can 
be found at Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China, Investigation No. TA-421-7, USITC 
Publication No. 4085 (July 2009). The decision by the President can be 
found in the Proclamation issued by President Obama on September 11, 
2009. The measures are to take effect on September 26, 2009. The 
request purports to include any other measures

[[Page 50998]]

the United States may announce to implement the decision.
    China alleges that the higher tariffs, not having been justified as 
emergency action under relevant WTO rules, are inconsistent with 
Article I:1 of the General Agreement on Tariffs and Trade 1994 (``GATT 
1994''). China also alleges that these measures have not been properly 
justified pursuant to Article XIX of the GATT 1994 and the WTO 
Agreement on Safeguards. China also alleges that these measures have 
not been properly justified as China-specific restrictions under the 
Protocol on the Accession of the People's Republic of China (Protocol 
of Accession).
    Furthermore, China alleges that the U.S. statute authorizing these 
China-specific restrictions is inconsistent on its face with Article 16 
of the Protocol of Accession because, according to China, the statute 
impermissibly defines ``significant cause'' more narrowly than required 
by the ordinary meaning of the phrase as used in Article 16.4 of the 
Protocol of Accession. Finally, China alleges that each measure, as 
applied, is also inconsistent with the Protocol of Accession.

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-2009-0035. 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-2009-0035 on the home page and click ``search''. 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 ``Submit a Comment.'' (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 ``Type Comment and Upload File'' 
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 ``Type Comment and Upload 
File'' 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 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 http://www.regulations.gov Web site.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. E9-23829 Filed 10-1-09; 8:45 am]
BILLING CODE 3190-W9-P