[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49354-49355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17757]
[[Page 49354]]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS427]
WTO Dispute Settlement Proceeding Regarding China--Anti-Dumping
and Countervailing Duty Measures on Broiler Products From the United
States--Recourse by the United States to Article 21.5 of the DSU
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 May 27, 2016, the United States
requested the establishment of a dispute settlement panel under the
Marrakesh Agreement Establishing the World Trade Organization with the
People's Republic of China (``China'') concerning China's continuing
imposition of anti-dumping and countervailing duties on chicken broiler
products from the United States. That request may be found at
www.wto.org in a document designated as WT/DS427/11. 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 August 15, 2016, to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2016-0008.
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: Mayur R. Patel, Associate General
Counsel, or Nathaniel J. Halvorson, 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)(1) 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 World Trade
Organization (``WTO'') dispute settlement panel. Pursuant to this
provision, USTR is providing notice that the United States has
requested a panel pursuant to Article 21.5 of the WTO Understanding on
Rules and Procedures Governing the Settlement of Disputes (``DSU'').
Major Issues Raised by the United States
On September 25, 2013, the WTO Dispute Settlement Body (``DSB'')
adopted its recommendations and rulings in the dispute China--Anti-
Dumping and Countervailing Duty Measures on Broiler Products from the
United States (DS427) (``China--Broiler Products''). The DSB found that
China imposed antidumping and countervailing duties on U.S. exports of
chicken broiler products in a manner that breached China's obligations
under the Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994 (``AD Agreement''), the Agreement
on Subsidies and Countervailing Measures (``SCM Agreement''), and the
General Agreement on Tariffs and Trade 1994 (``GATT 1994''). The DSB
recommended that China bring its measures into conformity with its
obligations under these Agreements.
On October 22, 2013, China announced its intention to implement the
DSB recommendations and rulings in this dispute and stated that it
would need a reasonable period of time (``RPT'') in which to do so. On
December 19, 2013, China and the United States informed the DSB that
they had reached agreement that the RPT for China to implement the DSB
recommendations and rulings shall be 9 months and 14 days from the
adoption of the Panel Report, expiring on July 9, 2014. China's
Ministry of Commerce (``MOFCOM'') subsequently issued a redetermination
that continues the imposition of antidumping and countervailing duties
on imports of chicken broiler products from the United States. The
redetermination, which is set forth in MOFCOM's Announcement No. 44
[2014], including its annexes, states that it came into force as of
July 9, 2014.
The United States considers that China has failed to bring its
measures into conformity with the covered agreements. As there is
``disagreement as to the existence or consistency with a covered
agreement of measures taken to comply with the recommendations and
rulings'' of the DSB, the United States is seeking recourse to Article
21.5 of the DSU. Specifically, the United States considers that China's
measures continuing to impose antidumping and countervailing duties on
chicken broiler products from the United States, as set forth by MOFCOM
in Announcement No. 44 [2014], Announcement No. 56 [2013], Announcement
No. 52 [2010], Announcement No. 51 [2010], Announcement No. 26 [2010],
Announcement No. 8 [2010], and the annexes to the foregoing documents
are inconsistent with Articles 1, 2.2, 2.2.1.1, 3.1, 3.2, 3.4, 3.5,
6.1, 6.4, 6.5, 6.8, 6.9, 9.4, 12.2, 12.2.2, and Annex II of the AD
Agreement; Articles 10, 12.1, 12.3, 12.4, 12.8, 15.1, 15.2, 15.4, 15.5,
22.3, and 22.5 of the SCM Agreement; and Article VI of the GATT 1994.
Pursuant to an understanding on procedures under Articles 21 and 22
of the DSU, the United States requested consultations with China on May
17, 2016. That request may be found at www.wto.org contained in a
document designated as WT/DS427/10. The United States and China held
consultations on May 24, 2016, but the consultations did not resolve
the matter.
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-2016-
0008. 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.
To submit comments via www.regulations.gov, enter docket number
USTR-2016-0008 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 the www.regulations.gov Web site, please consult
the resources provided on the Web site by clicking on ``How to Use
Regulations.gov Site'' on the bottom of the page.)
The www.regulations.gov site provides the option of providing
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
[[Page 49355]]
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 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 placed in the docket and 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 accessible to the public at www.regulations.gov, docket
number USTR-2016-0008.
The public file will include non-confidential comments received by
USTR from the public with respect to the dispute, which may be viewed
on the www.regulations.gov Web site. The following documents will be
made available to the public at www.ustr.gov: the U.S. submissions and
any non-confidential summaries or submissions received from other
participants in the dispute. The report of the panel in this
proceeding, and, if applicable, the report of the Appellate Body, will
be available on the Web site of the WTO, at www.wto.org.
Annelies Winborne,
Deputy Assistant United States Trade Representative for Monitoring and
Enforcement, Office of the United States Trade Representative.
[FR Doc. 2016-17757 Filed 7-26-16; 8:45 am]
BILLING CODE 3290-F6-P