[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61818-61819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25053]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS440]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping and Countervailing Duties on Certain Automobiles 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 September 18, 2012, the United 
States requested the 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 China's anti-dumping and countervailing duties on certain 
automobiles from the United States. That request may be found at 
www.wto.org in a document designated as WT/DS440/2. 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 November 16, 2012, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2012-0016. If you are unable to 
provide submissions at 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: Dan Stirk, Associate General Counsel, 
Office of the United States Trade Representative; or Joseph Rieras, 
Assistant General Counsel, Office of the United States Trade 
Representative. Contact information is: 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 the establishment of a WTO dispute settlement 
panel. Consistent with this obligation, USTR is providing notice that 
the United States 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 after it 
is established.

Major Issues Raised by the United States

    The United States considers that certain measures imposing 
antidumping and countervailing duties on certain automobiles from the 
United States are inconsistent with China's 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. 20 [2011] and 
Notice No. 84 [2011], including any and all annexes. These measures 
appear to be inconsistent with Articles 1, 3.1, 3.2, 3.4, 3.5, 4.1, 
5.4, 6.5.1, 6.8, 6.9, 12.2, 12.2.2, and Paragraph 1 of Annex II of the 
WTO Agreement on Implementation of Article VI of the General Agreement 
on Tariffs and Trade 1994 (``AD Agreement''); Articles 10, 11.4, 
12.4.1, 12.7, 12.8, 15.1, 15.2, 15.4, 15.5, 16.1, 22.3, and 22.5 of the 
WTO Agreement on Subsidies and Countervailing Measures (``SCM 
Agreement''); and Article VI of the General Agreement on Tariffs and 
Trade 1994 (``GATT 1994''). On July 5, 2012, the United States 
requested consultations with China. That request may be found at 
www.wto.org contained in a document designated as WT/DS440/1. The 
United States and China held consultations on August 23, 2012, 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-2012-
0016. If you are unable to provide submissions at 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-2012-0016 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 ``Comment Now!.'' (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 
Regulations.gov Site'' on the bottom of the 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

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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-2012-0016. 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.

Juan Millan,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2012-25053 Filed 10-10-12; 8:45 am]
BILLING CODE 3290-F3-P