[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Notices]
[Pages 19409-19411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07876]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS471]


WTO Dispute Settlement Proceeding Regarding Certain Methodologies 
and Their Application to Anti-Dumping Proceedings Involving 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 the People's Republic of China 
(``China'') 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/DS471/5. 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 May 2, 2014, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2014-0001. 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: J. Daniel Stirk, Associate General 
Counsel, or Mayur Patel, Assistant General Counsel, Office of the 
United States Trade Representative, 600 17th Street NW., Washington, DC 
20508, (202) 395-3150.

SUPPLEMENTARY INFORMATION: In accordance with Section 127(b) of the 
Uruguay Round Agreements Act (``URAA'') (19 U.S.C. 3537(b)(1)), 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 China

    In its request for the establishment of a panel, China alleges that 
the Department of Commerce (``Commerce'')

[[Page 19410]]

acted inconsistently with various U.S. WTO obligations in a number of 
U.S. antidumping proceedings. The proceedings concern a number of 
imported products from China, including certain coated paper suitable 
for high-quality print graphics using sheet-fed presses (coated paper), 
certain oil country tubular goods (OCTG), high pressure steel cylinders 
(steel cylinders), polyethylene terephthalate film, sheet, and strip 
(PET film), aluminum extrusions, certain frozen and canned warmwater 
shrimp (shrimp), certain new pneumatic off-the-road tires (tires), 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules (solar cells), diamond sawblades and parts thereof (sawblades), 
multilayered wood flooring (flooring), narrow woven ribbons with woven 
selvedge (ribbons), polyethylene retail carrier bags (bags), and wooden 
bedroom furniture (furniture).
    With respect to the antidumping measures on coated paper, OCTG, and 
steel cylinders, China challenges the application by Commerce in 
investigations of what China describes as a ``targeted dumping 
methodology'' and the use of ``zeroing'' in connection with the 
application of such methodology. China's challenge purports to include 
Commerce's final determinations in the antidumping investigations of 
these products, any modification, replacement, or amendment of such 
final determinations, and ``any closely connected, subsequent 
measures'' that involve the ``targeted dumping methodology.'' China is 
asserting that the application of the ``targeted dumping methodology'' 
is inconsistent with U.S. obligations under Article 2.4 of the 
Agreement on Implementation of Article VI of the General Agreement on 
Tariffs and Trade 1994 (AD Agreement).
    With respect to the antidumping measure on PET film, China 
challenges Commerce's application in an administrative review of what 
China describes as a ``targeted dumping methodology'' and the use of 
``zeroing'' in connection with the application of such methodology. 
China's challenge purports to include Commerce's final determination in 
the antidumping duty administrative review of PET film, any 
modification, replacement, or amendment of such final determination, 
and ``any closely connected, subsequent measures'' that involve the 
``targeted dumping methodology.'' China is asserting that the use of 
the ``targeted dumping methodology'' in the review is inconsistent with 
U.S. obligations under Article 9.3 of the AD Agreement and Article VI:2 
of the General Agreement on Tariffs and Trade 1994.
    With respect to the antidumping measures on aluminum extrusions, 
coated paper, shrimp, tires, OCTG, solar cells, sawblades, steel 
cylinders, wood flooring, ribbons, bags, PET film, and furniture, China 
challenges Commerce's application in investigations and administrative 
reviews of what China describes as a ``single rate presumption for non-
market economies.'' China's challenge purports to include certain of 
Commerce's preliminary determinations and final determinations, any 
modification, replacement, or amendment of such final determinations, 
and ``any closely connected, subsequent measures'' that involve the 
application of the ``single rate presumption.'' China also challenges 
what China describes as the ``single rate presumption'' ``as such,'' 
and alleges that it has been consistently applied pursuant to the 
regulation set forth in 19 CFR 351.107(d), Import Administration Policy 
Bulletin Number 05.1 of 5 April 2005, and the Import Administration 
Antidumping Manual, 2009, Chapter 10. China is asserting its claims 
with respect to the ``single rate presumption for non-market 
economies'' under Articles 6.10, 9.2, and 9.4 of the AD Agreement.
    With respect to the antidumping measures on aluminum extrusions, 
coated paper, shrimp, tires, OCTG, solar cells, sawblades, steel 
cylinders, wood flooring, ribbons, bags, PET film, and furniture, China 
challenges Commerce's application in investigations and administrative 
reviews of what China describes as a ``NME-wide methodology,'' which, 
according to China, includes as ``features'' the ``failure to request 
information,'' the ``failure to provide rights of defense,'' and the 
``recourse to facts available.'' China's challenge purports to include 
certain of Commerce's preliminary determinations and final 
determinations, any modification, replacement, or amendment of such 
final determinations, and ``any closely connected, subsequent 
measures'' that involve the application of the ``NME-wide 
methodology.'' China is asserting its claims with respect to the ``NME-
wide methodology'' under Articles 6.1, 6.8 and Annex II, and Article 
9.4 of the AD Agreement.
    Finally, with respect to the antidumping measures on aluminum 
extrusions, coated paper, shrimp, tires, OCTG, solar cells, sawblades, 
steel cylinders, wood flooring, ribbons, bags, PET film, and furniture, 
China challenges Commerce's application in investigations and 
administrative reviews of what China describes as ``adverse facts 
available.'' China's challenge purports to include certain of 
Commerce's preliminary determinations and final determinations, any 
modification, replacement, or amendment of such final determinations, 
and ``any closely connected, subsequent measures'' that involve the 
application of what China describes as the ``NME-wide methodology.'' 
China also challenges the use of what China describes as ``adverse 
facts available'' ``as such,'' and alleges that it has been 
consistently applied pursuant to section 776(b) of the Tariff Act of 
1930, codified at 19 U.S.C. 1677e(b) and regulations set forth in 19 
CFR 351.308. China is asserting its claims with respect to ``adverse 
facts available'' under Article 6.8 and Annex II of the AD Agreement.

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-
0001. 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-2014-0001 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 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

[[Page 19411]]

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 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-2014-0001, 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. 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, and any non-confidential 
summaries of 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 
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. 2014-07876 Filed 4-7-14; 8:45 am]
BILLING CODE 3290-F4-P