[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 52045-52046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21235]


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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 Diamond Sawblades and Parts Thereof 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 July 22, 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 anti-dumping measures regarding diamond 
sawblades and parts thereof from China. That request may be found at 
http://www.wto.org contained in a document designated as WT/DS422/1/
Add.1. USTR invites written comments from the public concerning the 
issues raised in China's July 22, 2011 consultation request.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before September 19, 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 July 22, 2011, China requested consultations regarding the 
antidumping duty investigation conducted by the Department of Commerce 
on diamond sawblades and parts thereof from China, referring in 
particular to the use of what it calls ``zeroing'' in that proceeding. 
Specifically, China requested consultations regarding the determination 
by the Department of Commerce in (1) Final Determination of Sales at 
Less than Fair Value and Final Partial Affirmative Determination of 
Critical Circumstances: Diamond Sawblades and Parts Thereof from the 
People's Republic of China, 71 FR 29303 (May 22, 2006) and the 
accompanying May 15, 2006, Issues and Decision Memorandum, as well as 
any amendments, replacements and/or implementing measures issued 
pursuant thereto; and (2) Diamond Sawblades and Parts Thereof from the 
People's Republic of China and Republic of Korea: Antidumping Duty 
Orders, 74 FR 57145 (November 4, 2009), as well as any amendments, 
replacements and/or implementing measures issued pursuant thereto.
    China asserts that the present request for consultations 
constitutes an addendum to, and must be read together with, its 
consultation request dated February 28, 2001 regarding anti-dumping 
measures on certain frozen warmwater shrimp from China, WTO/DS422/1. 
(See WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Certain Frozen Warmwater Shrimp From China, 76 FR 
17985 (March 31, 2011)).
    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, 9.2, 9.3, and 9.4 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

[[Page 52046]]

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. 2011-21235 Filed 8-18-11; 8:45 am]
BILLING CODE 3190-W1-P