[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Notices]
[Pages 13960-13961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05045]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2021-0001; Dispute Number DS597]


WTO Dispute Settlement Proceeding Regarding United States--Origin 
Marking Requirement (Hong Kong, China)

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 Hong Kong, China has requested the establishment 
of a dispute settlement panel under the Marrakesh Agreement 
Establishing the World Trade Organization (WTO Agreement). You can find 
that request at www.wto.org in a document designated as WT/DS597/5. 
USTR invites written comments from the public 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 April 12, 2021 to be assured of timely consideration by USTR.

ADDRESSES: USTR strongly prefers electronic submissions made the 
Federal eRulemaking Portal: http://www.regulations.gov (Regs.gov). 
Follow the instructions for submitting comments in Section III below. 
The docket number is USTR-2021-0001. For alternatives to submission 
through Regs.gov, please contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Heng Loke at 
(202) 395-9655 or [email protected], or Senior Associate 
General Counsel Leigh Bacon at (202) 395-5859 or 
[email protected].

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 Hong Kong, China, has requested the establishment 
of a dispute settlement panel pursuant to the WTO Understanding on 
Rules Procedures Governing the Settlement of Disputes (DSU). In normal 
circumstances, once the WTO establishes a dispute settlement panel, the 
panel typically holds its meetings in Geneva, Switzerland.

II. Major Issues Raised by Hong Kong, China

    On October 30, 2020, Hong Kong, China, requested consultations with 
the United States concerning certain measures affecting marks of origin 
with respect to imported goods produced in Hong Kong, China. You can 
find the consultation request at www.wto.org in a document designated 
as WT/DS597/1. The United States and Hong Kong, China, held 
consultations on November 24, 2020. On January 14, 2021, Hong Kong, 
China, made its request to the WTO to establish a WTO dispute 
settlement panel. On February 22, 2021, the WTO established a dispute 
settlement panel to examine Hong Kong, China's complaint.
    Hong Kong, China's panel request appears to concern measures that 
goods produced in Hong Kong, China, be marked to indicate that their 
origin is in ``China'' rather than ``Hong Kong''. These measures 
include Executive Order 13936 on Hong Kong Normalization, which 
suspends the application of Section 201(a) of the United States-Hong 
Kong Policy Act of 1992 (22 U.S.C. 5721(a)) to Section 304 of the 
Tariff Act of 1930 (19 U.S.C. 1304), among other statutes; Section 304 
of the Tariff Act of 1930; Part 134, Customs Regulations (19 CFR 134); 
Section 201(a) of the United States-Hong Kong Policy Act of 1992; and 
Country of Origin Marking of Products of Hong Kong, 85 FR 48551 (August 
11, 2020). Hong Kong, China alleges that these measures are 
inconsistent with Articles I:1, IX:1, X:3(a) of the WTO General 
Agreement on Tariffs and Trade 1994; Articles 2(c), (d), and (e) of the 
WTO Agreement on Rules of Origin; and Article 2.1 of the WTO Agreement 
on Technical Barriers to Trade.

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 
Regs.gov. To submit comments via

[[Page 13961]]

Regs.gov, enter docket number USTR-2021-0001 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 Regs.gov, please consult the resources 
provided on the website by clicking on `How to Use Regulations.gov' on 
the bottom of the home page.
    Regs.gov 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. If you need assistance uploading your 
comment(s), please call the Regs.gov helpdesk at 1-877-378-5457, Option 
2.
    For any comments submitted electronically that contain business 
confidential information (BCI), the file name of the business 
confidential version should begin with the characters `BCI'. Any page 
containing BCI 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 material that 
is BCI. 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 `P'. The `BCI' 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 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, they 
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-2021-0001, 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 United States Trade Representative.
[FR Doc. 2021-05045 Filed 3-10-21; 8:45 am]
BILLING CODE 3290-F0-P