[Federal Register Volume 76, Number 215 (Monday, November 7, 2011)]
[Notices]
[Pages 68809-68810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28680]


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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 Shrimp and Diamond Sawblades 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 the People's Republic of China has 
requested the establishment of a dispute settlement panel under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement''). That request may be found at www.wto.org contained in a 
document designated as WT/DS422/3. 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 December 7, 2011, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2011-0002. 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.
    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: Section 127(b) of the Uruguay Round 
Agreements Act (``URAA'') (19 U.S.C. 3537(b)(1)) requires that notice 
and opportunity for comment be provided

[[Page 68810]]

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 a dispute settlement panel 
has been established pursuant to the WTO Dispute Settlement 
Understanding (``DSU''). The panel will hold its meetings in Geneva, 
Switzerland.

Major Issues Raised by China

    On December 8, 2004, the U.S. Department of Commerce published in 
the Federal Register notice of its affirmative final less-than-fair-
value (``LTFV'') determination in the antidumping investigation 
concerning certain frozen and canned warmwater shrimp from China (69 FR 
70997). On February 1, 2005, the Department of Commerce published 
notice of an amended final LTFV determination, along with an 
antidumping duty order (70 FR 5149). That amended final LTFV 
determination has been subsequently amended. On May 24, 2011, the 
Department of Commerce published notice of an amended final LTFV 
determination pursuant to a court decision (76 FR 30100). The latter 
two notices contain the most recent margins of LTFV sales.
    On May 22, 2006, the Department of Commerce published in the 
Federal Register notice of its affirmative final LTFV determination in 
the antidumping investigation concerning diamond sawblades and parts 
thereof from China (71 FR 29303). On June 22, 2006, the Department of 
Commerce published notice of an amended final LTFV determination (71 FR 
35864) and on November 4, 2009 the Department published the antidumping 
duty order (74 FR 57145). The latter notice contains the most recent 
margins of LTFV sales.
    In its request for the establishment of a panel, China alleges that 
the Department of Commerce improperly calculated margins of dumping by 
``zeroing'' so-called ``negative dumping margins.'' Based on the use of 
zeroing, China alleges that the final LTFV determinations and the 
antidumping duty orders are inconsistent with the first sentence of 
Article 2.4.2 of the Agreement on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994. In this regard, on March 
6, 2006, the Department of Commerce announced that it will no longer 
use ``zeroing'' when making average-to-average comparisons in an 
antidumping investigation. See 71 FR 11189.

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 www.regulations.gov docket number USTR-2011-
0002. 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 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 search-results page, and click on the 
link entitled ``Submit a Comment.'' (For further information on using 
the 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 www.regulations.gov site provides the option of providing 
comments by filling in a ``Type Comments'' field, or by attaching a 
document using an ``upload file'' field. 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 
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 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 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 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 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, www.wto.org. Comments 
open to public inspection may be viewed on the www.regulations.gov Web 
site.

William Busis,
Deputy Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2011-28680 Filed 11-4-11; 8:45 am]
BILLING CODE 3190-W2-P