[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74859-74861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25990]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2016-0021; Dispute Number WT/DS508]


WTO Dispute Settlement Proceeding Regarding China--Export Duties 
on Certain Raw Materials

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with 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 in a document designated as WT/DS508/6. 
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, you should submit your 
comment on or before December 15, 2016, to be assured of timely 
consideration by USTR.

ADDRESSES: You should submit written comments through the Federal 
eRulemaking Portal: http://www.regulations.gov, docket number USTR-
2016-0021. Follow the instructions for submitting comments in section 
III below. For alternatives to on-line submissions, please contact 
Sandy McKinzy at (202) 395-9483. If (as explained below) the comment 
contains confidential information, then the comment should only be 
submitted by fax to Sandy McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Katherine Wang, Assistant General 
Counsel, [email protected], (202) 395-6214, or Leigh Bacon, 
Senior Associate General Counsel, [email protected], (202) 395-
5859.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 127(b)(1) of the Uruguay Round Agreements Act (URAA) (19 
U.S.C. 3537(b)(1)) requires notice and opportunity for comment after 
the United States submits or receives a request for the establishment 
of a WTO dispute settlement panel. Pursuant to this provision, USTR is 
providing notice that the United States has requested a dispute 
settlement panel pursuant to the WTO Understanding on Rules Procedures 
Governing the Settlement of Disputes (DSU). Once the WTO establishes a 
dispute settlement panel, the panel will hold its meetings in Geneva, 
Switzerland.

II. Major Issues Raised by the United States

    On October 13, 2016, the United States requested the establishment 
of a WTO dispute settlement panel regarding China's restrictions on the 
export of various forms of antimony, chromium, cobalt, copper, 
graphite, indium, lead, magnesia, talc, tantalum, and tin identified in 
the State Council Customs Tariff Commission Notice on Issuing the 2016 
Tariff Adjustment Plan (State Council Customs Tariff Commission, Shui 
Wei Hui [2015] No. 23, issued December 4, 2015, effective January 1, 
2016) and the Ministry of Commerce and General Administration of 
Customs 2015 Public Notice No. 76 on Announcing the 2016 Export 
Licensing Management Commodities Catalogue (Ministry of Commerce and 
General Administration of Customs 2015 Public Notice No. 76, issued 
December 29, 2015, effective January 1, 2016).\1\ These export 
restrictions 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 the materials, such 
as prior export performance requirements.
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    \1\ The forms of these materials subject to export duties and 
quotas include, but are not limited to, the items falling under the 
Chinese Customs Commodity Codes listed in the panel request.
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    China's export restraints appear to be inconsistent with Article 
XI:1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994), 
Paragraphs 5.1 and 11.3 of Part I of the Protocol on the Accession of 
the People's Republic of China (Accession Protocol), and Paragraph 1.2 
of Part I of the Accession Protocol (which incorporates paragraphs 83, 
84, 162, and 165 of the Working Party Report on the Accession of 
China).

III. Public Comments: Requirements for Submissions

    USTR invites written comments concerning the issues raised in this 
dispute. You should submit your comment electronically to 
www.regulations.gov, docket number USTR-2016-0021. For alternatives to 
electronic submissions, contact Sandy McKinzy at (202) 395-9483.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2016-0021 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'' on the 
bottom of the home page.
    The www.regulations.gov Web site allows users to provide comments 
by filling in a ``Type Comment'' field, or by attaching a document 
using an ``Upload File'' field. USTR prefers that comments be provided 
in an attached document. If a document is attached, it is sufficient to 
type ``See attached'' in the ``Type Comment'' field. USTR prefers 
submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the 
submission is in an application other than those two, please indicate 
the name of the application in the ``Type Comment'' field.
    Submit any comments containing business confidential information by 
fax to Sandy McKinzy at (202) 395-3640. A person requesting that 
information contained in a comment be treated as confidential business 
information must certify that s/he would not customarily release the 
information to the public. Any page containing business confidential 
information must be clearly marked ``BUSINESS CONFIDENTIAL'' on the top 
and bottom of that page. Filers of submissions containing business 
confidential information also must submit a public version of their 
comments electronically through 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, 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 a submitter believes that information or advice 
is confidential, s/he must clearly designate the information or advice 
as confidential and mark it as ``SUBMITTED IN CONFIDENCE'' at the top 
and bottom of the cover page and each succeeding page, and provide a 
non-confidential summary of the information or advice.
    Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR 
will maintain a docket on this dispute settlement proceeding, docket 
number USTR-2016-0021, accessible to the public at www.regulations.gov. 
The public file will include non-confidential public comments USTR 
receives regarding the dispute. If a dispute settlement panel is 
convened, or in the event of an appeal from a panel, USTR will make the 
following documents publicly available at www.ustr.gov: The U.S. 
submissions and any non-confidential summaries of submissions received 
from other participants in the dispute. If a dispute settlement panel 
is convened, or in the event of an appeal from a panel, the report of 
the panel, and, if applicable, the report of the

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Appellate Body, will also be available on the Web site of the World 
Trade Organization, at www.wto.org.

Juan A. Mill[aacute]n,
Acting Assistant U.S. Trade Representative for Monitoring and 
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2016-25990 Filed 10-26-16; 8:45 am]
 BILLING CODE 3290-F7-P