[Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)]
[Notices]
[Pages 13731-13732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05255]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS414]


WTO Dispute Settlement Proceeding Regarding China--Countervailing 
and Anti-Dumping Duties on Grain Oriented Flat-rolled Electrical Steel 
From the United States--Recourse by the United States to Article 21.5 
of the DSU

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 February 13, 2014, the United 
States requested the establishment of a dispute settlement panel under 
the Marrakesh Agreement Establishing the World Trade Organization with 
the People's Republic of China (``China'') concerning China's 
continuing imposition of anti-dumping and countervailing duties on 
grain oriented flat-rolled electrical steel from the United States. 
That request may be found at www.wto.org in a document designated as 
WT/DS414/16. 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 March 31, 2014, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2014-0006.
    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: Joseph H. Rieras, 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)(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 World Trade 
Organization (``WTO'') dispute settlement panel. Pursuant to this 
provision, USTR is providing notice that the United States has 
requested a panel pursuant to Article 21.5 of the WTO Understanding on 
Rules and Procedures Governing the Settlement of Disputes (``DSU''). 
Once it is established, the panel will hold its meeting in Geneva, 
Switzerland, and could issue a report on its findings within nine 
months after its establishment.

Major Issues Raised by the United States

    On November 16, 2012, the WTO Dispute Settlement Body (``DSB'') 
adopted its recommendations and rulings in the dispute China--
Countervailing and Anti-Dumping Duties on Grain Oriented Flat-rolled 
Electrical Steel from the United States (``China--GOES'') (DS414). The 
DSB found that China imposed antidumping and countervailing duties on 
U.S. exports of grain oriented flat-rolled electrical steel (``GOES'') 
in a manner that breached China's obligations under the Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and 
Trade 1994 (``AD Agreement'') and the Agreement on Subsidies and 
Countervailing Measures (``SCM Agreement''). The DSB recommended that 
China bring its measures into conformity with its obligations under 
these Agreements.
    On November 30, 2012, China announced its intention to implement 
the DSB's recommendations and rulings in this dispute and stated that 
it would need a reasonable period of time in which to do so. On May 3, 
2013, the arbitrator appointed under Article 21.3(c) of the DSU issued 
an Award providing China eight months and 15 days to implement the 
DSB's recommendations and rulings, expiring on July 31, 2013. On July 
31, 2013, China issued a re-determination in relation to the duties at 
issue in this dispute, as set forth in China's Ministry of Commerce 
(MOFCOM) Public Notice [2013] No. 51, including its annexes. This re-
determination continues the imposition of antidumping and

[[Page 13732]]

countervailing duties on imports of GOES from the United States.
    The United States considers that China has failed to bring its 
measures into conformity with the covered agreements. As there is 
``disagreement as to the existence or consistency with a covered 
agreement of measures taken to comply with the recommendations and 
rulings'' of the DSB, the United States is seeking recourse to Article 
21.5 of the DSU. Specifically, the United States considers that China's 
measures continuing to impose antidumping and countervailing duties on 
GOES from the United States, as set forth in MOFCOM Public Notice 
[2013] No. 51, including its annexes, and in MOFCOM Public Notice No. 
21 [2010], including its annexes, are inconsistent with Articles 1, 
3.1, 3.2, 3.4, 3.5, 6.9, 12.2, and 12.2.2 of the AD Agreement; Articles 
10, 12.8, 15.1, 15.2, 15.4, 15.5, 22.3, and 22.5 of the SCM Agreement; 
and Article VI of the General Agreement on Tariffs and Trade 1994 
(``GATT 1994'').
    Although the parties agreed that consultations were not required 
under the DSU, on January 13, 2014, the United States requested 
consultations with China consistent with the parties' understanding on 
procedures under Articles 21 and 22 of the DSU. That request may be 
found at www.wto.org contained in a document designated as WT/DS414/15.
    The United States and China held consultations on January 24, 2014, 
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-2014-
0006. 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-2014-0006 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 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 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 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-2014-0006.
    The public file will include non-confidential comments received by 
USTR from the public with respect to the dispute. The following 
documents will be made available to the public at www.ustr.gov: the 
U.S. submissions, any non-confidential summaries or submissions 
received from other participants in the dispute. The report of the 
panel in this proceeding, and, if applicable, the report of the 
Appellate Body, will be available on the Web site of the WTO, at 
www.wto.org. Comments open to public inspection may be viewed on the 
www.regulations.gov Web site.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2014-05255 Filed 3-10-14; 8:45 am]
BILLING CODE 3290-F4-P