[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26600-26601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10818]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS436]


WTO Dispute Settlement Proceeding Regarding United States--
Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat 
Products From India

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 April 24, 2012, India requested 
consultations with the United States under the Marrakesh Agreement 
Establishing the World Trade Organization (``WTO Agreement'') 
concerning countervailing measures regarding certain hot-rolled carbon 
steel flat products from India. That request may be found at 
www.wto.org contained in a document designated as WT/DS436/1/Rev.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 22, 2012, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2012-0008. 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: Greta Milligan, 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 India

    On April 24, 2012, India requested consultations concerning 
countervailing measures regarding certain hot-rolled carbon steel flat 
products from India (Investigation C-533-821). (This request supersedes 
a prior request for consultations received from India on April 12, 
2012.) India's challenge addresses the Tariff Act of 1930, in 
particular sections 771(7)(G) and 776(b), as well as Title 19 of the 
Code of Federal Regulations, sections 351.308 and 351.511(a)(2)(i)-
(iv). In addition, India challenges certain actions of the United 
States with respect to U.S. Department of Commerce countervailing duty 
determinations and the countervailing duty order related to certain 
hot-rolled carbon steel flat products from India. The consultation 
``request covers the countervailing duties and other measures, if any, 
applied on the subject goods from India through any notice, 
determination, decision memorandum, order, or any other instrument 
issued by the United States from time to time in connection with case 
no. C-533-821.'' A list of proceedings and actions subject to the 
consultation request is provided at Annex 1 to the request and includes 
determinations related to the original investigation, certain 
administrative reviews of the countervailing duty order, and a five-
year ``sunset'' review of that order. Finally, the ``request also 
covers all the amendments, replacements, implementing acts or any other 
related measure in connection with the measures'' described above.
    India alleges inconsistencies with Articles I and IV of the General 
Agreement on Tariffs and Trade 1994 and Articles 1, 2, 10, 11, 12, 13, 
14, 15, 19, 21, 22 and 32 of the Agreement on Subsidies and 
Countervailing Measures.

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-2012-
0008. If you are unable to provide submissions via 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-2012-0008 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.

[[Page 26601]]

    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-2012-0008.
    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 L. Ward,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2012-10818 Filed 5-3-12; 8:45 am]
BILLING CODE 3190-W2-P