[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Notices]
[Pages 18388-18389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08814]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0009; Dispute Number WTO/DS540]


WTO Dispute Settlement Proceeding Regarding United States--
Certain Measures Concerning Pangasius Seafood Products From Vietnam

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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SUMMARY: On February 22, 2018, Vietnam requested consultations with the 
United States under the Marrakesh Agreement Establishing the World 
Trade Organization (WTO Agreement) concerning measures that purportedly 
affect the import of Pangasius seafood products into the United States. 
That request is available at www.wto.org in a document designated as 
WT/DS540/1. The Office of the United States Trade Representative (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 May 20, 2018, to be assured of timely 
consideration by USTR.

ADDRESSES: USTR strongly prefers electronic submissions made through 
the Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments in section III below. The docket 
number is USTR-2018-0009. For alternatives to on-line submissions, 
please contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Mayur Patel, Associate General 
Counsel, at (202) 395-3150.

SUPPLEMENTARY INFORMATION: 

I. Background

    USTR is providing notice that consultations have been requested 
pursuant to the WTO Understanding on Rules and Procedures Governing the 
Settlement of Disputes (DSU). If these consultations do not resolve the 
matter, Vietnam could request that the WTO establish a dispute 
settlement panel pursuant to the DSU, which would hold its meetings in 
Geneva Switzerland, and issue a report on its findings.

II. Major Issues Raised by Vietnam

    On February 22, 2018, Vietnam requested consultations concerning 
measures it asserts affect the import, distribution, and sale of 
Vietnamese Pangasius fish products. Vietnam's request for consultation 
states that the Pangasius fish that is the subject of its request is 
sold as ``basa,'' ``tra,'' or ``swai.'' Specifically, Vietnam's 
consultations request describes the measures at issue in the following 
terms:
     Section 10016(b) of the Food, Conservation and Energy Act 
of 2008, Public Law 110-246 (the ``2008 Farm Bill''), amending the 
Federal Meat Inspection Act, 21 U.S.C. 601 et seq.
     Section 12106 of the Agriculture Act of 2014, Public Law 
113-79 (the ``2014 Farm Bill''), amending section 1(w) of the FMIA.
     9 CFR Subchapter F, parts 530-551, ``Mandatory Inspection 
of the Order Siluriformes and Products Derived from Such Fish'' (80 FR 
75589) (December 2, 2015) (the ``Final Rule'').
     The administrative applications of section 10016(b) of the 
2008 Farm Bill and section 12106 of the 2014 Farm Bill as implemented 
by the Final Rule.
     9 CFR part 541, ``Marks, Marketing and Labeling of 
Products and Containers'' (respecting fish and fish products), 
incorporating requirements in 9 CFR part 317, ``Labeling, Marking 
Devices, and Containers.''
     The administrative applications of 9 CFR part 541, 
including but not limited to those requirements incorporated from 9 CFR 
part 317 (see WT/DS540/1, pp. 2-3).


[[Page 18389]]


Vietnam's consultations request states that these measures appear to be 
inconsistent with the United States obligations under the GATT 1994 and 
the WTO Agreement on the Application of Sanitary and Phytosanitary 
Measures (SPS Agreement). Specifically, Vietnam invokes the obligations 
in Articles 2.2, 2.3, 4.1, 5.1, 5.3, 5.6, 8, and Annex C(1)(a) of the 
SPS Agreement and Article I:1 of the GATT 1994.

III. Public Comments: Requirements for Submissions

    USTR invites written comments concerning the issues raised in this 
dispute. All submissions must be in English and sent electronically via 
www.regulations.gov. For alternatives to electronic submissions, 
contact Sandy McKinzy at (202) 395-9483.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2018-0009 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 website, please consult the resources 
provided on the website by clicking on ``How to Use Regulations.gov'' 
on the bottom of the home page.
    The www.regulations.gov website 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.
    For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page and the submission should 
clearly indicate, via brackets, highlighting, or other means, the 
specific information that is business confidential. If you request 
business confidential treatment, you must certify in writing that 
disclosure of the information would endanger trade secrets or 
profitability, and that the information would not customarily be 
released to the public. Filers of submissions containing business 
confidential information also must submit a public version of their 
comments. The file name of the public version should begin with the 
character ``P''. The ``BC'' and ``P'' should be followed by the name of 
the person or entity submitting the comments or rebuttal comments. If 
these procedures are not sufficient to protect business confidential 
information or otherwise protect business interests, please contact 
Sandy McKinzy at (202) 395-9483 to discuss whether alternative 
arrangements are possible.
    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 Uruguay Round Agreements Act (19 
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement 
proceeding, docket number USTR-2018-0009, 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 
Appellate Body, will also be available on the website of the World 
Trade Organization, at www.wto.org.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2018-08814 Filed 4-25-18; 8:45 am]
 BILLING CODE 3290-F8-P