[Federal Register Volume 83, Number 149 (Thursday, August 2, 2018)]
[Notices]
[Pages 37881-37882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16562]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0021; Dispute Number WT/DS536]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Fish Fillets From Vietnam

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 Vietnam has requested the establishment of a 
dispute settlement panel under the Marrakesh Agreement Establishing the 
World Trade Organization (WTO Agreement). You can find the request at 
www.wto.org in a document designated as WT/DS536/2. USTR invites 
written comments concerning the issues raised in this dispute.

DATES: Although USTR will accept any comments during the course of the 
dispute settlement proceedings, you should submit your comment on or 
before September 4, 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 USTR-2018-0021. For alternatives to on-line submissions, please 
contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Ryan Majerus 
at [email protected] or (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 Vietnam has requested a dispute settlement panel 
pursuant to the WTO Understanding on Rules Procedures Governing the 
Settlement of Disputes (DSU). The panel established by the WTO will 
hold its meetings in Geneva, Switzerland.

II. Major Issues Raised by Vietnam

    On January 8, 2018, Vietnam requested consultations with the United 
States. You can find the consultation request at www.wto.org in a 
document designated as WT/DS536/1. The United States and Vietnam held 
consultations on March 1, 2018. On June 8, 2018, Vietnam requested the 
WTO to establish a WTO dispute settlement panel regarding the U.S. 
Department of Commerce (DOC) determinations in the following 
antidumping proceedings on Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam:
     Fifth Administrative Review and Fourth New Shipper Review: 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam (DOC 
investigation number A-552-801).
     Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Sixth Antidumping Duty Administrative Review and New Shipper 
Review (DOC investigation number A-552-801).
     Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Seventh Antidumping Duty Administrative Review (DOC 
investigation number A-552-801).
    Vietnam's request for establishment of a panel appears to be 
concerned with the alleged use of ``zeroing'', timeliness of a request 
for revocation, applying a Vietnam-wide entity rate based on facts 
available, and Section 129 of the URAA. Vietnam claims that certain 
alleged measures of the United States are not consistent with the 
United States' obligations under Articles 1, 2, 6, 9, 11, and 18 the 
WTO Agreement on Implementation of Article VI of the General Agreement 
on Tariffs and Trade 1994 (Antidumping Agreement), Articles VI and XVI 
of the GATT 1994, and Paragraph 1.2 of Part I of the Protocol on the 
Accession of the Socialist Republic of Viet Nam (Accession Protocol).

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-2018-0021 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 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 that contain business 
confidential information (BCI), the file name of the business 
confidential version should begin with the characters ``BC''. Any page 
containing BCI must clearly be 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 BCI also must submit a public version of their 
comments. The file name of the public version should begin with the 
character

[[Page 37882]]

``P''. Follow the ``BC'' and ``P'' with the name of the person or 
entity submitting the comments or rebuttal comments. If this is not 
sufficient to protect BCI 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 BCI, 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-2018-0021, 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 
composed, 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 composed, or in the event of an appeal from a panel, the report of 
the panel, and, if applicable, the report of the Appellate Body, also 
will 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. 2018-16562 Filed 8-1-18; 8:45 am]
 BILLING CODE 3290-F8-P