[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16754-16756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06187]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS429]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Certain Shrimp From Vietnam

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 Socialist Republic of Vietnam 
(``Vietnam'') 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/DS429/3. 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 April 16, 2013 to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2012-0003. 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: Matthew P. Jaffe, 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 established pursuant to the WTO 
Dispute Settlement Understanding (``DSU''). The panel will hold its 
meetings in Geneva, Switzerland.

Major Issues Raised by Vietnam

    In its January 17, 2013 panel request, Vietnam makes a number of 
allegations relating to certain antidumping administrative reviews and 
a sunset review conducted by the Department of Commerce on certain 
frozen warmwater shrimp from Vietnam. Specifically, Vietnam challenges: 
the imposition of antidumping duties and cash deposit requirements 
pursuant to the final results of the fourth administrative review for 
the period from February 1, 2008, to January 31, 2009, in Certain 
Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final

[[Page 16755]]

Results and Partial Rescission of Antidumping Duty Administrative 
Review, 75 FR 4771 (August 9, 2010); the fourth administrative review 
of Certain Frozen Warmwater Shrimp From the Socialist Republic of 
Vietnam insofar as it did not revoke the antidumping duty order with 
respect to certain respondents requesting such revocation; the 
imposition of antidumping duties and cash deposit requirements pursuant 
to the final results of the fifth administrative review for the period 
from February 1, 2009, through January 31, 2010, in Certain Frozen 
Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results 
and Final Partial Rescission of Antidumping Duty Administrative Review, 
76 FR 56158 (September 12, 2011); the fifth administrative review of 
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam 
insofar as it did not revoke the antidumping duty order with respect to 
certain respondents requesting such revocation; the imposition of anti-
dumping duties and cash deposit requirements pursuant to the final 
results of the USDOC's sixth administrative review for the period from 
February 1, 2010 through January 31, 2011, in Certain Frozen Warmwater 
Shrimp from the Socialist Republic of Vietnam: Final Results and Final 
Partial Rescission of Antidumping Duty Administrative Review, 77 FR 
55800 (September 11, 2012); the sixth administrative review of Certain 
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam insofar 
as it did not revoke the anti-dumping duty order with respect to 
certain respondents eligible for such revocation; the final results of 
the sunset review in which the Department of Commerce determined that 
revocation of the antidumping duty order would be likely to lead to the 
continuation or recurrence of dumping, Certain Frozen Warmwater Shrimp 
from the Socialist Republic of Vietnam: Final Results of the First 
Five-year ``Sunset'' Review of the Antidumping Duty Order, 75 FR. 75965 
(December 7, 2010); and any other ongoing or future antidumping 
administrative reviews, and the preliminary and final results thereof, 
related to the imports of certain frozen warmwater shrimp from Vietnam 
(DOC case A-552-802), as well as any assessment instructions, cash 
deposit requirements, and revocation determinations issued pursuant to 
such reviews. Vietnam also challenges certain laws, regulations, and 
written statements, including: Section 129 of the URAA, codified as 19 
U.S.C. 3538, and the Statement of Administrative Action accompanying 
the URAA, H.R. Doc. No. 103-316 (1994), vol 1, reprinted in 1994 
U.S.C.C.A.N. 4040; the Tariff Act of 1930, as amended, sections 751, 
752, 771(18)(C)(i), 771(35)(A), 776(a)(2), 776(b), and 777A(c)(2)(B); 
implementing regulations of the Department of Commerce, 19 CFR 351.204, 
351.408, and 351.414; the Import Administration Antidumping Manual, 
Chapter 10, ``Non-Market Economies''; and Import Administration Policy 
Bulletin 98.3, ``Policies Governing the Conduct of Five-Year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders,'' 
63 FR 18871 (April 16, 1998).
    Vietnam alleges that the United States has acted inconsistently 
with Articles VI:1, and VI:2 of the General Agreement on Tariffs and 
Trade 1994; Articles 1, 2, 2.1, 2.4, 2.4.2, 6.8, 6.10, 6.10.2, 9, 9.1, 
9.2, 9.3, 9.4, 11, 11.1, 11.2, 11.3, 11.4, 18.1, 18.3, 18.4, and Annex 
II of the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 (the Anti-Dumping Agreement); 
Article XVI:4 of the WTO Agreement; and Part I.2 of the Protocol of 
Accession of the Socialist Republic of Vietnam, WT/L/662, 15 November 
2006 and Paragraphs 254, 255, and 527 of the Report of the Working 
Party on Accession of Vietnam, WT/ACC/VNM/48, 27 October 2006.
    Vietnam appears to allege that the United States acted 
inconsistently with the provisions identified above by not allowing 
non-dumped sales to offset the amount of dumping with respect to other 
sales; by applying a Vietnam-wide entity rate based on adverse facts 
available throughout the antidumping proceedings identified above; by 
individually investigating or reviewing a limited number of the largest 
exporters throughout the antidumping proceedings at issue; by applying 
certain methodologies in the sunset review; by not revoking the 
applicable antidumping duty order with respect to certain individual 
respondents having zero or de minimis margins of dumping; and through 
the application of section 129 of the URAA.

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-
0003. 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-2012-0003 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 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 This Site'' on the left side 
of the home page.)
    The www.regulations.gov Web site allows users to provide 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 that 
he/she submitted, 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 will be open to public inspection.
    USTR may determine that information or advice contained in a 
comment submitted, other than business confidential information, is 
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

[[Page 16756]]

placed in the docket and will be 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, docket number USTR-2012-0003, accessible to the public at 
www.regulations.gov.
    The public file will include non-confidential comments received by 
USTR from the public regarding the dispute. If a dispute settlement 
panel is convened, or in the event of an appeal from such a panel, the 
following documents will be made available to the public at 
www.ustr.gov the United States' submissions, any non-confidential 
submissions received from other participants in the dispute, and any 
non-confidential summaries of submissions received from other 
participants in the dispute. In the event that a dispute settlement 
panel is convened, or in the event of an appeal from such a panel, and, 
if applicable, the report of the Appellate Body, will also be available 
on the Web site of the World Trade Organization, at www.wto.org. 
Comments open to public inspection may be viewed at 
www.regulations.gov.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2013-06187 Filed 3-15-13; 8:45 am]
BILLING CODE 3290-f3-P