[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16493-16494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07011]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WT/DS489]
WTO Dispute Settlement Proceeding Regarding Certain Measures
Providing Export-Contingent Subsidies to Enterprises in Several
Industrial Sectors in 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 February 11, 2015, the United
States requested consultations with the Government of the People's
Republic of China (``China'') under the Marrakesh Agreement
Establishing the World Trade Organization (``WTO Agreement'')
concerning certain measures providing export-contingent subsidies to
enterprises in several industrial sectors in China. That request may be
found at www.wto.org, contained in a document designated as WT/DS489/1.
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 April 15, 2015 to assure timely consideration by
USTR.
ADDRESSES: Public comments should be submitted electronically at
www.regulations.gov, docket number USTR-2015-0004. 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: Arthur Tsao, Assistant General
Counsel, Office of the United States Trade Representative, (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, such a panel,
which would hold its meetings in Geneva, Switzerland, would be expected
to issue a report on its findings and recommendations pursuant to
Article 12 of the DSU.
Major Issues Raised by the United States
On February 11, 2015, the United States requested consultations
with China concerning certain measures providing export-contingent
subsidies to enterprises in several industrial sectors in China. It
appears that China provides export-contingent subsidies through a
program establishing ``Foreign Trade Transformation and Upgrading
Demonstration Bases'' (``Demonstration Bases'') and ``Common Service
Platforms''. Demonstration Bases are industrial clusters of enterprises
in several Chinese industries, including the textiles, agriculture,
medical products, light industry, special chemical engineering, new
materials, and hardware and building materials industries. Common
Service Platforms are service suppliers designated by China to provide
services to enterprises in Demonstration Bases. China designates an
industrial cluster of enterprises in a particular industry as a
Demonstration Base and then provides export-contingent subsidies to the
enterprises located in the Demonstration Base. These subsidies include
the provision of discounted or free services through Common Service
Platforms or the provision of cash grants. In addition, it appears that
China provides certain other export-contingent subsidies to Chinese
manufacturers, producers, and farmers.
The Demonstration Base/Common Service Platform program and the
export subsidies at issue are reflected in legal instruments that
include, but are not limited to, the instruments set out in the
consultations request.
Because the Demonstration Base/Common Service Platform program and
the export subsidies at issue provide subsidies contingent upon export
performance to enterprises located in China, the measures appear to be
inconsistent with Article 3.1(a) of the SCM Agreement, and China
appears to have acted inconsistently with Article 3.2 of the SCM
Agreement.
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-
2015-0004. 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-2015-0004 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).
[[Page 16494]]
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 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 at 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. Sec. 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 at 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-2015-0004, 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.
Annelies Winborne,
Deputy Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2015-07011 Filed 3-26-15; 8:45 am]
BILLING CODE 3290-F5-P