[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Notices]
[Pages 17985-17986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7501]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS422]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Certain Frozen Warmwater Shrimp 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 February 28, 2011, the People's 
Republic of China requested consultations with the United States under 
the Marrakesh Agreement Establishing the World Trade Organization 
(``WTO Agreement'') concerning antidumping measures regarding certain 
frozen warmwater shrimp from China. That request may be found at http://www.wto.org contained in a document designated as WT/DS422/1. 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 May 2, 2011, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2011-0002. 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: Jared Wessel, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-3150.

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 February 28, 2011, China requested consultations regarding the 
antidumping duty investigation, a number of antidumping administrative 
reviews, and the sunset review conducted by the Department of Commerce 
on certain frozen warmwater shrimp from China, referring in particular 
to the use of what it describes as ``zeroing'' in those proceedings. 
Specifically, China requested consultations regarding the 
determinations by the Department of Commerce in (1) Notice of Final 
Determination of Sales at Less Than Fair Value: Certain Frozen and 
Canned Warmwater Shrimp From the People's Republic of China, 69 FR 
70,997 (December 8, 2004), and the accompanying November 29, 2004, 
Issues and Decision Memorandum, as well as any amendments, replacements 
and/or implementing measures issued pursuant thereto; (2) Certain 
Frozen Warmwater Shrimp From the People's Republic of China: Notice of 
Final Results and Rescission, in Part, of 2004/2006 Antidumping Duty 
Administrative and New Shipper Reviews, 72 FR 52,049 (September 12, 
2007); (3) Third Administrative Review of Frozen Warmwater Shrimp From 
the People's Republic of China: Final Results and Partial Rescission of 
Antidumping Duty Administrative Review, 74 FR 46,565 (September 10, 
2009); (4) Administrative Review of Certain Frozen Warmwater Shrimp 
From the People's Republic of China: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review, 75 FR 49,460 
(August 13, 2010); (5) Certain Frozen Warmwater Shrimp From the 
People's Republic of China: Preliminary Results and Preliminary Partial 
Rescission of Fifth Antidumping Duty Administrative Review, 76 FR 8,338 
(February 14, 2011); (6) the final results of the fifth antidumping 
duty administrative review on Certain Frozen Warmwater Shrimp From the 
People's Republic of China published in the Federal Register after the 
date of the request for consultations, as well as any amendments, 
replacements, and/or implementing measures, including, inter alia, any 
assessment instructions and cash deposit requirements issued pursuant 
to each of the identified administrative reviews; (7) Certain Frozen 
Warmwater Shrimp from Brazil, India, the People's Republic of China and 
Thailand: Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Orders, 75 FR 27,299 (May 14, 2010), as well as any 
amendments, replacements, and/or implementing measures issued pursuant 
thereto. China also requested consultations regarding any affirmative 
injury determination issued by the United States International Trade 
Commission (``ITC') in the sunset review of certain frozen warmwater 
shrimp from China after the date of its request for consultations in 
which the antidumping duty margin considered by the ITC for purposes of 
determining injury is calculated using so-called zeroing. See Notice of 
Institution of

[[Page 17986]]

Five-Year Reviews Concerning the Antidumping Duty Orders on Frozen 
Warmwater Shrimp From Brazil, China, India, Thailand, and Vietnam, 
Investigation Nos. 731-TA-1063, 1064, 1066-1068 (Review), 75 FR 1,078 
(January 8, 2010).
    China alleges that so-called zeroing is inconsistent with Articles 
VI:1 and VI:2 of the General Agreement on Tariffs and Trade 1994 and 
Articles 1, 2.1, 2.4, 2.4.2, 5.8, 9.1, 9.2, 9.3, 9.4, and 11.3 of the 
Agreement on Implementation of Article VI of the General Agreement on 
Tariffs and Trade 1994.

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-2011-0002. 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-2011-0002 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.
    Pursuant to section 127(e) of the Uruguay Round Agreements Act (19 
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement 
proceeding accessible to the public at http://www.regulations.gov, 
docket number USTR-2011-0002. 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, will be made available 
to the public on USTR's Web site at http://www.ustr.gov, and the report 
of the panel, and, if applicable, the report of the Appellate Body, 
will be available on the Web site of the World Trade Organization, 
http://www.wto.org. Comments open to public inspection may be viewed on 
the http://www.regulations.gov Web site.

William Busis,
Deputy Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2011-7501 Filed 3-30-11; 8:45 am]
BILLING CODE 3190-W1-P