[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Notices]
[Pages 22112-22113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10055]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0011; Dispute Number WT/DS436]


WTO Dispute Settlement Proceeding: United States Countervailing 
Measures on Certain Hot-Rolled Carbon Steel Flat Products From India

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 India 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/DS436/18. 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 June 11, 2018 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 USTR-2018-0011. For alternatives to on-line submissions, please 
contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Amanda Lee 
at 202-395-9589 or Assistant General Counsel Ryan Majerus at 202-395-
0380.

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 India

    On December 19, 2014, the WTO Dispute Settlement Body (DSB) adopted 
its recommendations and rulings in the dispute United States--
Countervailing Measures on Certain Hot-Rolled Steel Flat Products from 
India (DS436). The DSB found that certain countervailing duty measures 
imposed by the United States on certain hot-rolled steel flat products 
imported from India (C-533-821) were inconsistent with its obligations 
under the Agreement on Subsidies and Countervailing Measures (SCM 
Agreement). The DSB recommended that the United States bring its 
measures into conformity with its obligations under the SCM Agreement.
    The U.S. Department of Commerce (DOC) and the U.S. International 
Trade Commission (ITC) subsequently issued section 129 determinations. 
On April 28, 2016, the U.S. Trade Representative directed DOC to 
implement its determinations, pursuant to section 129 of the Uruguay 
Round Agreements Act (19 U.S.C. 3538(b)(4)). Notice of the completed 
implementation process was published in the Federal Register on May 6, 
2016 as Implementation of Determinations Under Section 129 of the 
Uruguay Round Agreements Act (81 FR 27412).
    On June 5, 2017, pursuant to an understanding on procedures under 
Articles 21 and 22 of the DSU, India requested consultations with the 
United States. You can find that at www.wto.org in a document 
designated as WT/DS436/17. The United States and India held 
consultations on July 13, 2017. On March 29, 2018, the United States 
received India's request for the establishment of a panel.
    In its request for the establishment of a panel, India alleges that 
the DOC and ITC section 129 determinations are not consistent with the 
United States' obligations under Articles 1, 2, 10, 11, 12, 13, 14, 15, 
19, 21, 22 and 32 of the SCM Agreement, as well as Article VI of the 
GATT 1994. India also alleges that the United States' failure to amend 
19 U.S.C. 1677(7)(G)(iii) is inconsistent with Article 15 of the SCM 
Agreement.

[[Page 22113]]

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. To submit comments via www.regulations.gov, enter 
docket number USTR-2018-0011 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 a 
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 and bottom 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 comment. If this is no 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 URAA (19 U.S.C. 3537(e)), USTR 
will maintain a docket on this dispute settlement proceeding, docket 
number USTR-2018-0011, 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. 2018-10055 Filed 5-10-18; 8:45 am]
 BILLING CODE 3290-F8-P