[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Pages 63812-63814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28903]


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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.

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 4, 2009, in accordance 
with the Marrakesh Agreement Establishing the World Trade Organization 
(``WTO Agreement''), the United States requested that the WTO Dispute 
Settlement Body establish a dispute settlement panel to review the U.S. 
claims concerning 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/DS394/7. 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 January 19, 2010 to be assured of timely 
consideration by USTR.

ADDRESSES: Public 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: Pursuant to Section 127(b) of the Uruguay 
Round Agreements Act (``URAA'') (19 U.S.C. 3537(b)(1)), USTR is 
providing notice that the United States has requested the WTO Dispute 
Settlement Body to establish a dispute settlement panel pursuant to the 
WTO Understanding on Rules and Procedures Governing the Settlement of 
Disputes (``DSU''). Such panel, which would hold its meetings in 
Geneva, Switzerland, would be expected to issue a report on its 
findings and recommendations within approximately nine months after it 
is established.

Major Issues Raised by the United States

    China imposes restraints on the export from China of various forms 
of bauxite (``bauxite'' includes but is not limited to items falling 
under the following ten-digit Chinese Commodity Codes, 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 the following eight-digit HS numbers as listed in 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 ten-digit Chinese Commodity Codes as 
listed in the 2009 Export Licensing List and/or the eight-digit HS 
numbers as listed in the 2009 Export Duty List:

[[Page 63813]]

2704001000/27040010), fluorspar (``fluorspar'' includes but is not 
limited to items falling under the following ten-digit Chinese 
Commodity Codes as listed in the 2009 Export Licensing List and/or the 
eight-digit HS numbers as listed in the 2009 Export Duty List: 
2529210000/25292100, 2529220000/25292200), magnesium (``magnesium'' 
includes but is not limited to items falling under the following ten-
digit Chinese Commodity Codes as listed in the 2009 Export Licensing 
List and/or the eight-digit HS numbers as listed in the 2009 Export 
Duty List: 81041100, 81041900, 81042000), manganese (``manganese'' 
includes but is not limited to items falling under the following ten-
digit Chinese Commodity Codes as listed in the 2009 Export Licensing 
List and/or the eight-digit HS numbers as listed in 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 ten-digit Chinese Commodity Codes as listed 
in the 2009 Export Licensing List and/or the eight-digit HS numbers as 
listed in the 2009 Export Duty List: 2849200000, 3824909910), silicon 
metal (``silicon metal'' includes but is not limited to items falling 
under the following ten-digit Chinese Commodity Codes as listed in the 
2009 Export Licensing List and/or the eight-digit HS numbers as listed 
in the 2009 Export Duty List: 28046900), yellow phosphorus (``yellow 
phosphorus'' includes but is not limited to items falling under the 
following ten-digit Chinese Commodity Codes as listed in the 2009 
Export Licensing List and/or the eight-digit HS numbers as listed in 
the 2009 Export Duty List: 28047010), and zinc (``zinc'' includes but 
is not limited to items falling under the following ten-digit Chinese 
Commodity Codes as listed in the 2009 Export Licensing List and/or the 
eight-digit HS numbers as listed in the 2009 Export Duty List: 
2608000001/26080000, 2608000090/26080000, 790111111000/790111100, 
7901119000/79011190, 7901120000/79011200, 7901200000/79012000, 
79020000, 26201100, 26201900).
    These restraints include: quantitative restrictions in the form of 
quotas on the export of bauxite, coke, fluorspar, silicon carbide, and 
zinc; and export duties on bauxite, coke, fluorspar, magnesium, 
manganese, silicon carbide, silicon metal, yellow phosphorus, and zinc. 
Additional restraints in connection with the export of the materials 
include, but are not limited to: restrictions on the right of Chinese 
enterprises as well as foreign enterprises and individuals to export; 
requirements that foreign-invested enterprises must satisfy in order to 
export; non-automatic export licensing; excessive fees and formalities 
in connection with exportation; requiring that prices for the materials 
meet or exceed a minimum price before they may be exported. China 
administers certain of these export restraints through its ministries 
and other organizations under the State Council, as well as chambers of 
commerce and industry associations, in a manner that is not uniform, 
impartial, and reasonable. China also does not publish certain measures 
pertaining to requirements, restrictions, or prohibitions on exports.
    USTR believes that these export restraints are inconsistent with 
China's obligations under Article VIII:1(a) and VIII:4, Article X:1 and 
X:3(a), and Article XI of the General Agreement on Tariffs and Trade 
1994; paragraphs 2(A)2, 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 ``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 website 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 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

[[Page 63814]]

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. E9-28903 Filed 12-3-09; 8:45 am]
BILLING CODE 3190-W0-P