[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Pages 47033-47034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19230]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2019-0016; Dispute Number WT/DS577]
WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping and Countervailing Duties on Ripe Olives From Spain
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 European Union (EU) 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/
DS577/3. 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 October 7, 2019, 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-2019-0016. For alternatives to on-line submissions, please
contact Sandy McKinzy at (202) 395-9483 before transmitting a comment
and in advance of the relevant deadline.
FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Nicholas
Paster at (202) 395-3580 or Assistant General Counsel David Lyons at
(202) 395-9446.
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 EU 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.
[[Page 47034]]
II. Major Issues Raised by the European Union
On January 29, 2019, the EU requested WTO consultations with the
United States concerning the imposition of antidumping and
countervailing duties on ripe olives from Spain, following final
determinations by the U.S. Department of Commerce (DOC) and U.S.
International Trade Commission in Ripe Olives from Spain: Final
Affirmative Countervailing Duty Determination (DOC investigation number
C-469-818), Ripe Olives from Spain: Final Affirmative Determination of
Sales at Less Than Fair Value (DOC investigation number A-469-817), and
Ripe Olives from Spain (ITC investigation numbers 701-TA-582 and 731-
TA-1377), and section 771B of the Tariff Act of 1930 (19 U.S.C. 1677-
2). You can find the consultation request at www.wto.org in a document
designated as WT/DS577/1. On June 24, 2019, at the request of the EU,
the WTO established a panel to examine the EU complaint.
The EU's request for establishment of a panel (WT/DS577/3) appears
to be concerned with an alleged countervailing of subsidies that are
not specific; the DOC's alleged failure to conduct a pass-through
analysis with respect to subsidies received by olive growers, and its
reliance on Section 771B of the Tariff Act of 1930; the basis for the
DOC's calculation of the final subsidy rate of one respondent; and the
ITC's injury determination with respect to the volume and effect of
subsidized imports. The EU claims that the imposition of duties is
inconsistent with Articles VI:1, VI:2, and VI:3 of the WTO General
Agreement on Tariffs and Trade 1994 (GATT 1994); Articles 1.1(a),
1.1(b), 1.2, 2.1, 2.1(a), (b), and (c), 2.2, 2.4, 10, 12.1, 12.5, 12.8,
14, 15.1, 15.2, 15.5, 19.1, 19.3, 19.4, and 32.1 of the WTO Agreement
on Subsidies and Countervailing Measures (SCM Agreement); and Articles
3.1, 3.2, 3.5, and 12.2.2 of the WTO Agreement on Implementation of
Article VI of the General Agreement on Tariffs and Trade 1994
(Antidumping Agreement). The EU further alleges that Section 771B of
the Tariff Act of 1930 is inconsistent with Articles 1.1(b), 10, 14,
19.1, 19.3, 19.4, and 32.1 of the SCM Agreement and Article VI:3 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. To submit comments via www.regulations.gov, enter
docket number USTR-2019-0016 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 you provide comments 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
you would not customarily release the information 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 ``P''. Follow the ``BC'' and ``P'' with the name of the
person or entity submitting the comments or rebuttal comments. For
alternatives to online submissions, please contact Sandy McKinzy at
(202) 395-9483 before transmitting a comment and in advance of the
relevant deadline.
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 public docket on this dispute settlement proceeding,
docket number USTR-2019-0016, which is accessible 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, 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. 2019-19230 Filed 9-5-19; 8:45 am]
BILLING CODE 3290-F9-P