[Federal Register Volume 77, Number 9 (Friday, January 13, 2012)]
[Notices]
[Pages 2119-2120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-606]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS427]


WTO Dispute Settlement Proceeding Regarding China--Anti-Dumping 
and Countervailing Duty Measures on Broiler Products From the United 
States

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 December 8, 2011, the United 
States requested establishment of a dispute settlement panel under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') with the People's Republic of China (``China'') concerning 
countervailing and antidumping duties on chicken broiler products from 
the United States. That request may be found at www.wto.org contained 
in a document designated as WT/DS427/2. 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 February 10, 2012 to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2011-0022. If you are unable to 
provide submissions to 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: Mayur R. Patel, Assistant General 
Counsel, Office of the United States Trade Representative, or Joseph M. 
Johnson, Assistant General Counsel, 600 17th Street, NW., Washington, 
DC 20508, (202) 395-3150.

SUPPLEMENTARY INFORMATION: Section 127(b)(1) of the Uruguay Round 
Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and 
opportunity for comment be provided after the United States submits or 
receives a request for establishment of a WTO dispute settlement panel. 
Consistent with this obligation, USTR is providing notice that it has 
requested a panel pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes (``DSU''). Once it is 
established, the panel will hold its meetings in Geneva, Switzerland, 
and would be expected to issue a report on its findings and 
recommendations within nine months of its establishment.

Major Issues Raised by the United States

    The United States considers that certain measures imposing 
countervailing duties and antidumping duties on chicken broiler 
products from the United States are inconsistent with China's 
commitments and obligations under the WTO Agreement. The measures are 
set forth in the Ministry of Commerce of the People's Republic of China 
(``MOFCOM'') Notice No. 8 [2010], Notice No. 26 [2010], Notice No. 51 
[2010], and Notice No. 52 [2010], including any and all annexes. These 
measures appear to be inconsistent with Articles 1, 2.2, 2.2.1.1, 2.4, 
3.1, 3.2, 3.4, 3.5, 4.1, 6.2, 6.4, 6.5.1, 6.8, 6.9, 12.2, 12.2.1, and 
12.2.2 of the Anti-dumping Agreement; Articles 10, 12.3, 12.4.1, 12.7, 
12.8, 15.1, 15.2, 15.4, 15.5, 16.1, 19.4, 22.3, 22.4, 22.5 of the 
Subsidies and Countervailing Measures Agreement; and Article VI of the 
GATT 1994. On September 20, 2011, the United States requested 
consultations with China. That request may be found at www.wto.org 
contained in a document designated as WT/DS427/1. The United States and 
China held consultations on October 28, 2011, but the consultations did 
not resolve the matter.

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-
2011-0022. 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-2011-0022 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 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

[[Page 2120]]

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 
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 URAA (19 U.S.C. 3537(e)), 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, 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.

Bradford Ward,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2012-606 Filed 1-12-12; 8:45 am]
BILLING CODE 3190-W2-P