[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Notices]
[Pages 37730-37732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15375]


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TRADE REPRESENTATIVE

[Dispute No. WTO/DS437]


WTO Dispute Settlement Proceeding Regarding United States--
Countervailing Duty Measures on Certain Products 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 May 25, 2012, the People's 
Republic of China (``China'') requested consultations with the United 
States under the Marrakesh Agreement Establishing the World Trade 
Organization (``WTO Agreement'') concerning countervailing duty 
determinations and orders by the Department of Commerce (``DOC'') on 
imports of the products from China listed below. The request for 
consultations may be found at www.wto.org contained in a document 
designated as WT/DS437/1. 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 July 22, 2012, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2012-0010. 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.

[[Page 37731]]

    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: Ben Kostrzewa, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street NW., Washington, DC 20508, (202) 395-9579.

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 May 25, 2012, China requested consultations concerning the 
preliminary and final countervailing duty determinations and 
countervailing duty orders issued by the DOC on the following imports 
from China: Lightweight Thermal Paper (Investigation C-570-921); 
Circular Welded Austenitic Stainless Pressure Pipe (Investigation C-
570-931); Certain Circular Welded Carbon Quality Steel Line Pipe 
(Investigation C-570-936); Citric Acid and Certain Citrate Salts 
(Investigation C-570-938); Certain Tow Behind Lawn Groomers and Certain 
Parts Thereof (Investigation C-570-940); Certain Kitchen Appliance 
Shelving and Racks (Investigation C-570-942); Certain Oil Country 
Tubular Goods (Investigation C-570-944); Pre-Stressed Concrete Steel 
Wire Strand (Investigation C-570-946); Certain Steel Grating 
(Investigation C-570-948); Wire Decking (Investigation C-570-950); 
Certain Magnesia Carbon Bricks (Investigation C-570-955); Certain 
Seamless Carbon and Alloy Steel Standard Line and Pressure Pipe 
(Investigation C-570-957); Certain Coated Paper Suitable for High-
Quality Print Graphics Using Sheet-Fed Presses (Investigation C-570-
959); Drill Pipe (Investigation C-570-966); Aluminum Extrusions 
(Investigation C-570-968); Multilayered Wood Flooring (Investigation C-
570-971); Certain Steel Wheels (Investigation C-570-974); Steel Wire 
(Investigation C-570-976); High Pressure Steel Cylinders (Investigation 
C-570-978); Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules (Investigation C-570-980); Utility Scale Wind 
Towers (Investigation C-570-982); and Drawn Stainless Steel Sinks 
(Investigation C-570-984) (together, the ``challenged determinations 
and orders''). China alleges that the United States acted 
inconsistently with Article VI of the General Agreement on Tariffs and 
Trade 1994 (``GATT 1994''); Articles 1, 2, 10, 11, 12, 14, and 32 the 
Agreement on Subsidies and Countervailing Measures (``SCM Agreement''); 
and Article 15 the Protocol on the Accession of the People's Republic 
of China (``Protocol of Accession''). The challenged determinations and 
orders are available at the following web page of the Department of 
Commerce: http://ia.ita.doc.gov/frn/index.html.
    China also states that it is requesting consultations with respect 
to the ```rebuttable presumption' established and applied by the USDOC, 
under which the USDOC considers majority government ownership of an 
enterprise sufficient to determine that an enterprise is a `public 
body' within the meaning of Article 1.1 of the SCM Agreement, unless a 
party is able to demonstrate that majority government ownership does 
not result in `control' of the enterprise.''

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-
0010. 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-2012-0010 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 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-
2012-0010.
    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

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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,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2012-15375 Filed 6-21-12; 8:45 am]
BILLING CODE 3290-F2-P