[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Notices]
[Pages 4229-4231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01350]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS471]
WTO Dispute Settlement Proceeding Regarding Certain Methodologies
and Their Application to Anti-Dumping Proceedings Involving China
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 3, 2013, the People's
Republic of China (``China'') requested consultations with the United
States under the Marrakesh Agreement Establishing the World Trade
Organization (``WTO Agreement'') concerning antidumping measures on the
following products from China: certain coated paper suitable for high-
quality print graphics using sheet-fed presses, certain oil country
tubular goods, high pressure steel cylinders, polyethylene
terephthalate film, sheet, and strip, aluminum extrusions, certain
frozen and canned warmwater shrimp,\1\ certain new pneumatic off-the-
road tires, crystalline silicon photovoltaic cells, whether or not
assembled into modules, diamond sawblades and parts thereof,
multilayered wood flooring, narrow woven ribbons with woven selvedge,
polyethylene retail carrier bags, and wooden bedroom furniture.
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\1\ Although China describes this measure as relating to
``frozen and canned warmwater shrimp,'' the relevant antidumping
duty order does not cover canned warmwater shrimp, following the
International Trade Commission's negative material injury
determination with respect to canned warmwater shrimp. See Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp From the People's
Republic of China, 70 FR 5149, 5150 (Feb. 1, 2005).
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That request may be found at www.wto.org in a document designated
as WT/DS471/1. 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 February 14, 2014, to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2014-0001. 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.
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: J. Daniel Stirk, Associate General
Counsel, or Mayur Patel, Assistant General Counsel, Office of the
United States Trade Representative, 600 17th Street NW., Washington, DC
20508, (202) 395-3150.
SUPPLEMENTARY INFORMATION: 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, the panel would
hold its meetings in Geneva, Switzerland.
Major Issues Raised by China
On December 3, 2013, China requested consultations concerning
antidumping measures on a number of products from China, including
certain coated paper suitable for high-quality
[[Page 4230]]
print graphics using sheet-fed presses (coated paper), certain oil
country tubular goods (OCTG), high pressure steel cylinders (steel
cylinders), polyethylene terephthalate film, sheet, and strip (PET
film), aluminum extrusions, certain frozen and canned warmwater shrimp
(shrimp), certain new pneumatic off-the-road tires (tires), crystalline
silicon photovoltaic cells, whether or not assembled into modules
(solar cells), diamond sawblades and parts thereof (sawblades),
multilayered wood flooring (flooring), narrow woven ribbons with woven
selvedge (ribbons), polyethylene retail carrier bags (bags), and wooden
bedroom furniture (furniture).
With respect to the antidumping measures on coated paper, OCTG, and
steel cylinders, China challenges the application by the Department of
Commerce (``Commerce'') in investigations of what China describes as a
``targeted dumping methodology'' and the use of ``zeroing'' in
connection with the application of such methodology. China's challenge
includes Commerce's final determinations in the antidumping
investigations of these products, any modification, replacement, or
amendment of such final determinations, and ``any closely connected,
subsequent measures'' that involve the ``targeted dumping
methodology.''
With respect to the antidumping measure on PET film, China
challenges Commerce's application in an administrative review of what
China describes as a ``targeted dumping methodology'' and the use of
``zeroing'' in connection with the application of such methodology.
China's challenge includes Commerce's final determination in the
antidumping duty administrative review of PET film, any modification,
replacement, or amendment of such final determination, and ``any
closely connected, subsequent measures'' that involve the ``targeted
dumping methodology.''
With respect to the antidumping measures on aluminum extrusions,
coated paper, shrimp, tires, OCTG, solar cells, sawblades, steel
cylinders, wood flooring, ribbons, bags, PET film, and furniture, China
challenges Commerce's application in investigations and administrative
reviews of what China describes as a ``single rate presumption for non-
market economies.'' China's challenge includes Commerce's final
determinations, any modification, replacement, or amendment of such
final determinations, and ``any closely connected, subsequent
measures'' that involve the application of the ``single rate
presumption.'' China also challenges the ``single rate presumption''
``as such,'' and alleges that it has been consistently applied pursuant
to the regulation set forth in 19 CFR 351.107(d), Import Administration
Policy Bulletin Number 05.1 of 5 April 2005, and the Import
Administration Antidumping Manual, 2009, Chapter 10.
With respect to the antidumping measures on aluminum extrusions,
coated paper, shrimp, tires, OCTG, solar cells, sawblades, steel
cylinders, wood flooring, ribbons, bags, PET film, and furniture, China
challenges Commerce's application in investigations and administrative
reviews of what China describes as a ``NME-wide methodology,'' which
includes as ``features'' the ``failure to request information,'' the
``failure to provide rights of defense,'' and the ``recourse to facts
available.'' China's challenge includes Commerce's final
determinations, any modification, replacement, or amendment of such
final determinations, and ``any closely connected, subsequent
measures'' that involve the application of the ``NME-wide
methodology.''
Finally, with respect to the antidumping measures on aluminum
extrusions, coated paper, shrimp, tires, OCTG, solar cells, sawblades,
steel cylinders, wood flooring, ribbons, bags, PET film, and furniture,
China challenges Commerce's application in investigations and
administrative reviews of what China describes as ``adverse facts
available.'' China's challenge includes Commerce's final
determinations, any modification, replacement, or amendment of such
final determinations, and ``any closely connected, subsequent
measures'' that involve the application of the ``NME-wide
methodology.'' China also challenges the use of ``adverse facts
available'' ``as such,'' and alleges that it has been consistently
applied pursuant to section 776(b) of the Tariff Act of 1930, codified
at 19 U.S.C. 1677e(b) and regulations set forth in 19 CFR 351.308.
China alleges inconsistencies with Articles 2.4.2, 6.1, 6.8, 6.10,
9.2, 9.3, 9.4, and Annex II of the AD Agreement and Article VI:2 of the
General Agreement on Tariffs and Trade 1994.
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-2014-
0001. 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-2014-0001 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 ``Submit a Comment.'' (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
[[Page 4231]]
(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 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-2014-0001, 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, the report of the 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. 2014-01350 Filed 1-23-14; 8:45 am]
BILLING CODE 3290-F4-P