[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16754-16756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06187]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS429]
WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Certain Shrimp From Vietnam
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 the Socialist Republic of Vietnam
(``Vietnam'') has requested the establishment of a dispute settlement
panel under the Marrakesh Agreement Establishing the World Trade
Organization (``WTO Agreement''). That request may be found at
www.wto.org contained in a document designated as WT/DS429/3. 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 April 16, 2013 to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2012-0003. If you are unable to
provide submissions at www.regulations.gov, please contact Sandy
McKinzy at (202) 395-9483 to arrange for an alternative method of
transmission.
If (as explained below) the comment contains confidential
information, then the comment should be submitted by fax only to Sandy
McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: Matthew P. Jaffe, Assistant General
Counsel, Office of the United States Trade Representative, 600 17th
Street NW., Washington, DC 20508, (202) 395-3150.
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, USTR is providing notice that a
dispute settlement panel has been established pursuant to the WTO
Dispute Settlement Understanding (``DSU''). The panel will hold its
meetings in Geneva, Switzerland.
Major Issues Raised by Vietnam
In its January 17, 2013 panel request, Vietnam makes a number of
allegations relating to certain antidumping administrative reviews and
a sunset review conducted by the Department of Commerce on certain
frozen warmwater shrimp from Vietnam. Specifically, Vietnam challenges:
the imposition of antidumping duties and cash deposit requirements
pursuant to the final results of the fourth administrative review for
the period from February 1, 2008, to January 31, 2009, in Certain
Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final
[[Page 16755]]
Results and Partial Rescission of Antidumping Duty Administrative
Review, 75 FR 4771 (August 9, 2010); the fourth administrative review
of Certain Frozen Warmwater Shrimp From the Socialist Republic of
Vietnam insofar as it did not revoke the antidumping duty order with
respect to certain respondents requesting such revocation; the
imposition of antidumping duties and cash deposit requirements pursuant
to the final results of the fifth administrative review for the period
from February 1, 2009, through January 31, 2010, in Certain Frozen
Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results
and Final Partial Rescission of Antidumping Duty Administrative Review,
76 FR 56158 (September 12, 2011); the fifth administrative review of
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam
insofar as it did not revoke the antidumping duty order with respect to
certain respondents requesting such revocation; the imposition of anti-
dumping duties and cash deposit requirements pursuant to the final
results of the USDOC's sixth administrative review for the period from
February 1, 2010 through January 31, 2011, in Certain Frozen Warmwater
Shrimp from the Socialist Republic of Vietnam: Final Results and Final
Partial Rescission of Antidumping Duty Administrative Review, 77 FR
55800 (September 11, 2012); the sixth administrative review of Certain
Frozen Warmwater Shrimp from the Socialist Republic of Vietnam insofar
as it did not revoke the anti-dumping duty order with respect to
certain respondents eligible for such revocation; the final results of
the sunset review in which the Department of Commerce determined that
revocation of the antidumping duty order would be likely to lead to the
continuation or recurrence of dumping, Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam: Final Results of the First
Five-year ``Sunset'' Review of the Antidumping Duty Order, 75 FR. 75965
(December 7, 2010); and any other ongoing or future antidumping
administrative reviews, and the preliminary and final results thereof,
related to the imports of certain frozen warmwater shrimp from Vietnam
(DOC case A-552-802), as well as any assessment instructions, cash
deposit requirements, and revocation determinations issued pursuant to
such reviews. Vietnam also challenges certain laws, regulations, and
written statements, including: Section 129 of the URAA, codified as 19
U.S.C. 3538, and the Statement of Administrative Action accompanying
the URAA, H.R. Doc. No. 103-316 (1994), vol 1, reprinted in 1994
U.S.C.C.A.N. 4040; the Tariff Act of 1930, as amended, sections 751,
752, 771(18)(C)(i), 771(35)(A), 776(a)(2), 776(b), and 777A(c)(2)(B);
implementing regulations of the Department of Commerce, 19 CFR 351.204,
351.408, and 351.414; the Import Administration Antidumping Manual,
Chapter 10, ``Non-Market Economies''; and Import Administration Policy
Bulletin 98.3, ``Policies Governing the Conduct of Five-Year
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders,''
63 FR 18871 (April 16, 1998).
Vietnam alleges that the United States has acted inconsistently
with Articles VI:1, and VI:2 of the General Agreement on Tariffs and
Trade 1994; Articles 1, 2, 2.1, 2.4, 2.4.2, 6.8, 6.10, 6.10.2, 9, 9.1,
9.2, 9.3, 9.4, 11, 11.1, 11.2, 11.3, 11.4, 18.1, 18.3, 18.4, and Annex
II of the Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994 (the Anti-Dumping Agreement);
Article XVI:4 of the WTO Agreement; and Part I.2 of the Protocol of
Accession of the Socialist Republic of Vietnam, WT/L/662, 15 November
2006 and Paragraphs 254, 255, and 527 of the Report of the Working
Party on Accession of Vietnam, WT/ACC/VNM/48, 27 October 2006.
Vietnam appears to allege that the United States acted
inconsistently with the provisions identified above by not allowing
non-dumped sales to offset the amount of dumping with respect to other
sales; by applying a Vietnam-wide entity rate based on adverse facts
available throughout the antidumping proceedings identified above; by
individually investigating or reviewing a limited number of the largest
exporters throughout the antidumping proceedings at issue; by applying
certain methodologies in the sunset review; by not revoking the
applicable antidumping duty order with respect to certain individual
respondents having zero or de minimis margins of dumping; and through
the application of section 129 of the URAA.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit public
comments electronically to www.regulations.gov docket number USTR-2012-
0003. If you are unable to provide submissions by www.regulations.gov,
please contact Sandy McKinzy at (202) 395-9483 to arrange for an
alternative method of transmission.
To submit comments via www.regulations.gov, enter docket number
USTR-2012-0003 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 and click on the link
entitled ``Comment Now!'' (For further information on using the
www.regulations.gov Web site, please consult the resources provided on
the Web site by clicking on ``How to Use This Site'' on the left side
of the home page.)
The www.regulations.gov Web site allows users to provide comments
by filling in a ``Type Comments'' field, or by attaching a document
using an ``Upload File'' field. It is expected that most comments will
be provided in an attached document. If a document is attached, it is
sufficient to type ``See attached'' in the ``Type Comments''field.
A person requesting that information contained in a comment that
he/she submitted, 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. Any comment
containing business confidential information must be submitted by fax
to Sandy McKinzy at (202) 395-3640.
A non-confidential summary of the confidential information must be
submitted to www.regulations.gov. The non-confidential summary will be
placed in the docket and will be open to public inspection.
USTR may determine that information or advice contained in a
comment submitted, other than business confidential information, is
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) Must provide a non-confidential summary of the information or
advice.
Any comment containing confidential information must be submitted by
fax. A non-confidential summary of the confidential information must be
submitted to www.regulations.gov. The non-confidential summary will be
[[Page 16756]]
placed in the docket and will be open to public inspection.
Pursuant to section 127(e) of the Uruguay Round Agreements Act (19
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement
proceeding, docket number USTR-2012-0003, accessible to the public at
www.regulations.gov.
The public file will include non-confidential comments received by
USTR from the public regarding the dispute. If a dispute settlement
panel is convened, or in the event of an appeal from such a panel, the
following documents will be made available to the public at
www.ustr.gov the United States' submissions, any non-confidential
submissions received from other participants in the dispute, and any
non-confidential summaries of submissions received from other
participants in the dispute. In the event that a dispute settlement
panel is convened, or in the event of an appeal from such a panel, and,
if applicable, the report of the Appellate Body, will also be available
on the Web site of the World Trade Organization, at www.wto.org.
Comments open to public inspection may be viewed at
www.regulations.gov.
Juan Millan,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2013-06187 Filed 3-15-13; 8:45 am]
BILLING CODE 3290-f3-P