[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