[Federal Register Volume 69, Number 250 (Thursday, December 30, 2004)]
[Notices]
[Pages 78518-78519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-28627]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS324]
WTO Dispute Settlement Proceeding Regarding United States--
Provisional Antidumping Measures on Shrimp From Thailand
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that on December 9, 2004, Thailand
requested consultations with the United States under the Marrakesh
Agreement Establishing the World Trade Organization (``WTO Agreement'')
concerning the imposition of provisional antidumping measures on shrimp
from Thailand. That request may be found at http://www.wto.org
contained in a document designated as WT/DS324/1. 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, comments should be
submitted on or before January 15, 2005 to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0501@ustr.eop.gov, Attn: ``Thailand Shrimp Provisional AD Dispute
(DS324)'' in the subject line, or (ii) by fax, to Sandy McKinzy at
(202) 395-3640. For documents sent by fax, USTR requests that the
submitter provide a confirmation copy to the electronic mail address
listed above.
FOR FURTHER INFORMATION CONTACT: Jeff Weiss, Assistant General Counsel,
Office of the United States Trade Representative, 600 17th Street, NW.,
Washington, DC 20508, (202) 395-4498.
SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round
Agreements Act (``URAA'') (19 U.S.C. 3537(b)(1)) requires that notice
and opportunity for comment be provided after the United States submits
or receives a request for the establishment of a WTO dispute settlement
panel. Consistent with this obligation, but in an effort to provide
additional opportunity for comment, USTR is providing notice that
consultations have been requested pursuant to the WTO Understanding on
Rules and Procedures Governing the Settlement of Disputes (``DSU''). If
such consultations should fail to resolve the matter and a dispute
settlement panel is established pursuant to the DSU, such panel, which
would hold its meetings in Geneva, Switzerland, would be expected to
issue a report on its findings and recommendations within six to nine
months after it is established.
Major Issues Raised by Thailand
On August 4, 2004, the Department of Commerce published in the
Federal Register notice of its affirmative preliminary less-than-fair-
value (``LTFV'') determination in an investigation concerning certain
frozen and canned warm water shrimp from Thailand (69 Fed. Reg.
47,100). That notice contains the estimated margins of LTFV sales, as
provided in section 733 of the Tariff Act of 1930, as amended.
In its request for consultations, Thailand alleges that the United
States ``through its use of ``zeroing'' * * * failed to make a fair
comparison between the export price and the normal value and calculated
distorted margins of dumping,'' and therefore violated Articles 2.4 and
2.4.2 of the AD Agreement; that its use of ``adverse facts available''
to determine normal values for one Thai exporter was inconsistent with
Articles 6.8 and 6.13 and paragraphs 3, 5, 6, and 7 of Annex II of the
AD Agreement; and that the U.S. ``failure to make due allowances * * *
for differences that affected price comparability between export prices
and normal values for the Thai exporters, including differences
relating to levels of trade and duty drawback payments'' also was
inconsistent with Article 2.4 of the AD Agreement.
Further, Thailand's consultation request states that, as a result
of ``the foregoing methodologies, calculations, comparisons, and
determinations,'' the United States has acted inconsistently with
Articles 1 and 7.1 of the AD Agreement and Article VI of the GATT 1994.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit their
comments either (i) electronically, to FR0501@ustr.eop.gov, Attn:
``Thailand Shrimp Provisional AD Dispute (DS324)'' in the subject line,
or (ii) by fax to Sandy McKinzy at (202) 395-3640. For documents sent
by fax, USTR requests that the submitter provide a confirmation copy to
the electronic mail address listed above.
USTR encourages the submission of documents in Adobe PDF format, as
attachments to an electronic mail. Interested persons who make
submissions by electronic mail should not provide separate cover
letters;
[[Page 78519]]
information that might appear in a cover letter should be included in
the submission itself. Similarly, to the extent possible, any
attachments to the submission should be included in the same file as
the submission itself, and not as separate files.
A person requesting that information contained in a comment
submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Confidential business information must be clearly designated as such
and the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top
and bottom of the cover page and each succeeding page.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by USTR to be
confidential in accordance with section 135(g)(2) of the Trade Act of
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information
or advice may qualify as such, the submitter--
(1) Must clearly so designate the information or advice;
(2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
at the top and bottom of the cover page and each succeeding page; and
(3) Is encouraged to 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 file on this dispute settlement proceeding, accessible
to the public, in the USTR Reading Room, which is located at 1724 F
Street, NW., Washington, DC 20508. The public file will include non-
confidential comments received by USTR from the public with respect to
the dispute; if a dispute settlement panel is convened, the U.S.
submissions to that panel, the submissions, or non-confidential
summaries of submissions, to the panel received from other participants
in the dispute, as well as the report of the panel; and, if applicable,
the report of the Appellate Body. An appointment to review the public
file (Docket No. WT/DS-324, Thailand Shrimp Provisional AD Dispute) may
be made by calling the USTR Reading Room at (202) 395-6186. The USTR
Reading Room is open to the public from 9:30 a.m. to noon and 1 p.m. to
4 p.m., Monday through Friday.
Bruce R. Hirsh,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 04-28627 Filed 12-29-04; 8:45 am]
BILLING CODE 3190-W5-P