[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Pages 44706-44707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18429]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS431]
WTO Dispute Settlement Proceeding Regarding China--Measures
Related to the Exportation of Rare Earths, Tungsten and Molybdenum
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 United States 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/DS431/6. 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 August 27, 2012, to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2012-0005. 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, or Ben Kostrzewa, 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 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 requested pursuant to the WTO
Understanding on Rules and Procedures Governing the Settlement of
Disputes (``DSU''). The panel will hold its meetings in Geneva,
Switzerland.
Major Issues Raised by the United States
On June 27, 2012, the United States requested the establishment of
a panel regarding China's restraints on the export from China of
various forms of rare earths, tungsten and molybdenum (collectively,
the ``materials''). These export restraints include export duties on
the materials; quantitative restrictions such as quotas on the export
of the materials; and additional requirements that impose restrictions
on the trading rights of enterprises seeking to export various forms of
rare earths and molybdenum, such as prior export performance and
minimum registered capital requirements. In addition, China administers
these export quotas on the materials in a manner that is not uniform,
impartial, or reasonable, such as by the use of criteria in the
application and allocation process that lack definition or do not
contain sufficient guidelines or standards in how they should be
applied.
Forms of rare earths include, but are not limited to, items falling
under the following eight-digit HS numbers identified in the
Announcement No. 27 Issuing the 2012 Tariff Implementation Program
(State Council Customs Tariff Commission, shuiweihui, No. 27, issued
December 9, 2011, effective January 1, 2012) (hereinafter, the ``2012
Tariff Implementation Program''): 25309020, 26122000, 28053011,
28053012, 28053013, 28053014, 28053015, 28053016, 28053017, 28053019,
28053021, 28053029, 28461010, 28461020, 28461030, 28461090, 28469011,
28469012, 28469013, 28469014, 28469015, 28469016, 28469017, 28469019,
28469021, 28469022, 28469023, 28469024, 28469025, 28469026, 28469028,
28469029, 28469031, 28469032, 28469033, 28469034, 28469035, 28469036,
28469039, 28469041, 28469042, 28469043, 28469044, 28469045, 28469046,
28469048, 28469049, 28469091, 28469092, 28469093, 28469094, 28469095,
28469096, 28469099, 72029911, 72029919, 72029991 and 72029999. Forms of
rare earths also include, but are not limited to, items falling under
the following 10-digit Chinese Customs Commodity Codes (``CCC Codes''),
as identified in the Notice on Issuing the ``2012 Export Licensing
Management Commodities List'' (Ministry of Commerce and General
Administration of Customs Notice No. 98 (December 30, 2011)),
(hereinafter the ``2012 Export Licensing Management Commodities
List''): 2530902010, 2530902090, 2612200000, 2805301100, 2805301200,
2805301300, 2805301400, 2805301510, 2805301590, 2805301600, 2805301700,
2805301913, 2805301914, 2805301915, 2805301990, 2805302110, 2805302190,
2805302910, 2805302990, 2846101000, 2846102000, 2846103000, 2846109010,
2846109090, 2846901100, 2846901200, 2846901300, 2846901400, 2846901500,
2846901600, 2846901700, 2846901920, 2846901930, 2846901940, 2846901970,
2846901980, 2846901991, 2846901992, 2846901999, 2846902100, 2846902200,
2846902300, 2846902400, 2846902500, 2846902600, 2846902810, 2846902890,
2846902900, 2846903100, 2846903200, 2846903300, 2846903400, 2846903500,
2846903600, 2846903900, 2846904100, 2846904200, 2846904300, 2846904400,
2846904500, 2846904600, 2846904810, 2846904890, 2846904900, 2846909100,
2846909200, 2846909300, 2846909400, 2846909500, 2846909600, 2846909910,
2846909990, 7202991100, 7202991200, 7202999191 and 7202999199.
Forms of tungsten include, but are not limited to, items falling
under the following eight-digit HS numbers, as identified in the 2012
Tariff Implementation Program: 26209910, 28259011, 28259012, 28259019,
28418010, 28418020, 28418030, 28418040, 28418090, 28499020, 72028010,
72028020, 81011000, 81019400 and 81019700. Forms of tungsten also
include, but are not limited to, items falling under the following 10-
digit CCC Codes, as identified in the 2012 Export Licensing Management
Commodities List: 2611000000, 2620991000, 2825901100, 2825901200,
2825901910, 2841801000, 2841802000, 2841803000, 2841804000, 2849902000,
8101100010, 8101100090, 8101940000 and 8101970000.
[[Page 44707]]
Forms of molybdenum include, but are not limited to, items falling
under the following eight-digit HS numbers, as identified in the 2012
Tariff Implementation Program: 26131000, 26139000, 28257000, 28417010,
28417090, 72027000, 81021000, 81029400 and 81029700. Forms of
molybdenum also include, but are not limited to, items falling under
the following 10-digit CCC Codes, as identified in the 2012 Export
Licensing Management Commodities List: 2613100000, 2613900000,
2825700000, 2841701000, 2841709000, 7202700000, 8102100000, 8102940000
and 8102970000.
USTR believes that these export restraints and China's
administration of and manner of imposing these export restraints are
inconsistent with China's obligations under Articles X and XI of the
General Agreement on Tariffs and Trade 1994; paragraphs 2(A)2, 5.1 and
11.3 of Part I of the Protocol on the Accession of the People's
Republic of China (``Accession Protocol''); and the provisions of
paragraph 1.2 of Part I of the Accession Protocol (which incorporates
commitments in paragraphs 83, 84, 162 and 165 of the Report of the
Working Party on the Accession of China).
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-
0005. 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-2012-0005 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 B
(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-2012-0005. 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,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2012-18429 Filed 7-27-12; 8:45 am]
BILLING CODE 3290-F2-P