80_FR_16552 80 FR 16493 - WTO Dispute Settlement Proceeding Regarding Certain Measures Providing Export-Contingent Subsidies to Enterprises in Several Industrial Sectors in China

80 FR 16493 - WTO Dispute Settlement Proceeding Regarding Certain Measures Providing Export-Contingent Subsidies to Enterprises in Several Industrial Sectors in China

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range16493-16494
FR Document2015-07011

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.

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16493-16494]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                                                                  Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices                                           16493

                                                  27, 1978, the Foreign Affairs Reform and                the People’s Republic of China                        the textiles, agriculture, medical
                                                  Restructuring Act of 1998 (112 Stat.                    (‘‘China’’) under the Marrakesh                       products, light industry, special
                                                  2681, et seq.; 22 U.S.C. 6501 note, et                  Agreement Establishing the World Trade                chemical engineering, new materials,
                                                  seq.), Delegation of Authority No. 234 of               Organization (‘‘WTO Agreement’’)                      and hardware and building materials
                                                  October 1, 1999, Delegation of Authority                concerning certain measures providing                 industries. Common Service Platforms
                                                  No. 236–3 of August 28, 2000 (and, as                   export-contingent subsidies to                        are service suppliers designated by
                                                  appropriate, Delegation of Authority No.                enterprises in several industrial sectors             China to provide services to enterprises
                                                  257 of April 15, 2003), I hereby                        in China. That request may be found at                in Demonstration Bases. China
                                                  determine that the objects to be                        www.wto.org, contained in a document                  designates an industrial cluster of
                                                  included in the exhibition ‘‘Pleasure                   designated as WT/DS489/1. USTR                        enterprises in a particular industry as a
                                                  and Piety: The Art of Joachim                           invites written comments from the                     Demonstration Base and then provides
                                                  Wtewael,’’ imported from abroad for                     public concerning the issues raised in                export-contingent subsidies to the
                                                  temporary exhibition within the United                  this dispute.                                         enterprises located in the Demonstration
                                                  States, are of cultural significance. The               DATES: Although USTR will accept any                  Base. These subsidies include the
                                                  objects are imported pursuant to loan                   comments received during the course of                provision of discounted or free services
                                                  agreements with the foreign owners or                   the dispute settlement proceedings,                   through Common Service Platforms or
                                                  custodians. I also determine that the                   comments should be submitted on or                    the provision of cash grants. In addition,
                                                  exhibition or display of the exhibit                    before April 15, 2015 to assure timely                it appears that China provides certain
                                                  objects at the National Gallery of Art,                 consideration by USTR.                                other export-contingent subsidies to
                                                  Washington, DC, from on or about June                   ADDRESSES: Public comments should be                  Chinese manufacturers, producers, and
                                                  28, 2015, until on or about October 4,                  submitted electronically at                           farmers.
                                                  2015, at the Museum of Fine Arts,                       www.regulations.gov, docket number                       The Demonstration Base/Common
                                                  Houston, Houston, Texas, from on or                     USTR–2015–0004. If you are unable to                  Service Platform program and the export
                                                  about November 1, 2015, until on or                     provide submissions at                                subsidies at issue are reflected in legal
                                                  about January 31, 2016, and at possible                 www.regulations.gov, please contact                   instruments that include, but are not
                                                  additional exhibitions or venues yet to                 Sandy McKinzy at (202) 395–9483 to                    limited to, the instruments set out in the
                                                  be determined, is in the national                       arrange for an alternative method of                  consultations request.
                                                  interest. I have ordered that Public                    transmission.                                            Because the Demonstration Base/
                                                  Notice of these Determinations be                          If (as explained below) the comment                Common Service Platform program and
                                                  published in the Federal Register.                      contains confidential information, then               the export subsidies at issue provide
                                                  FOR FURTHER INFORMATION CONTACT: For                    the comment should be submitted by                    subsidies contingent upon export
                                                  further information, including lists of                 fax only to Sandy McKinzy at (202)                    performance to enterprises located in
                                                  the exhibit objects, contact the Office of              395–3640.                                             China, the measures appear to be
                                                  Public Diplomacy and Public Affairs in                  FOR FURTHER INFORMATION CONTACT:                      inconsistent with Article 3.1(a) of the
                                                  the Office of the Legal Adviser, U.S.                   Arthur Tsao, Assistant General Counsel,               SCM Agreement, and China appears to
                                                  Department of State (telephone: 202–                    Office of the United States Trade                     have acted inconsistently with Article
                                                  632–6471; email: section2459@                           Representative, (202) 395–3150.                       3.2 of the SCM Agreement.
                                                  state.gov). The mailing address is U.S.                 SUPPLEMENTARY INFORMATION: USTR is                    Public Comment: Requirements for
                                                  Department of State, L/PD, SA–5, Suite                  providing notice that consultations have              Submissions
                                                  5H03, Washington, DC 20522–0505.                        been requested pursuant to the WTO
                                                     Dated: March 10, 2015.                               Understanding on Rules and Procedures                    Interested persons are invited to
                                                  Kelly Keiderling,                                       Governing the Settlement of Disputes                  submit written comments concerning
                                                                                                          (‘‘DSU’’). If such consultations should               the issues raised in this dispute. Persons
                                                  Principal Deputy Assistant Secretary, Bureau
                                                  of Educational and Cultural Affairs,                    fail to resolve the matter and a dispute              may submit public comments
                                                  Department of State.                                    settlement panel is established pursuant              electronically to www.regulations.gov,
                                                  [FR Doc. 2015–07078 Filed 3–26–15; 8:45 am]             to the DSU, such a panel, which would                 docket number USTR–2015–0004. If you
                                                                                                          hold its meetings in Geneva,                          are unable to provide submissions by
                                                  BILLING CODE 4710–05–P
                                                                                                          Switzerland, would be expected to issue               www.regulations.gov, please contact
                                                                                                          a report on its findings and                          Sandy McKinzy at (202) 395–9483 to
                                                                                                          recommendations pursuant to Article 12                arrange for an alternative method of
                                                  OFFICE OF THE UNITED STATES
                                                                                                          of the DSU.                                           transmission.
                                                  TRADE REPRESENTATIVE
                                                                                                                                                                   To submit comments via
                                                  [Dispute No. WT/DS489]                                  Major Issues Raised by the United                     www.regulations.gov, enter docket
                                                                                                          States                                                number USTR–2015–0004 on the home
                                                  WTO Dispute Settlement Proceeding                         On February 11, 2015, the United                    page and click ‘‘search.’’ The site will
                                                  Regarding Certain Measures Providing                    States requested consultations with                   provide a search-results page listing all
                                                  Export-Contingent Subsidies to                          China concerning certain measures                     documents associated with this docket.
                                                  Enterprises in Several Industrial                       providing export-contingent subsidies to              Find a reference to this notice by
                                                  Sectors in China                                        enterprises in several industrial sectors             selecting ‘‘Notice’’ under ‘‘Document
                                                  AGENCY: Office of the United States                     in China. It appears that China provides              Type’’ on the left side of the search-
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                                                  Trade Representative.                                   export-contingent subsidies through a                 results page, and click on the link
                                                  ACTION: Notice; request for comments.                   program establishing ‘‘Foreign Trade                  entitled ‘‘Submit a Comment’’ (For
                                                                                                          Transformation and Upgrading                          further information on using the
                                                  SUMMARY:  The Office of the United                      Demonstration Bases’’ (‘‘Demonstration                www.regulations.gov Web site, please
                                                  States Trade Representative (‘‘USTR’’) is               Bases’’) and ‘‘Common Service                         consult the resources provided on the
                                                  providing notice that on February 11,                   Platforms’’. Demonstration Bases are                  Web site by clicking on ‘‘How to Use
                                                  2015, the United States requested                       industrial clusters of enterprises in                 This Site’’ on the left side of the home
                                                  consultations with the Government of                    several Chinese industries, including                 page).


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                                                  16494                           Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices

                                                     The www.regulations.gov Web site                     event of an appeal from such a panel,                 Abatement Act (hereinafter referred to
                                                  allows users to provide comments by                     the following documents will be made                  as ‘‘the Act’’), an airport operator may
                                                  filling in a ‘‘Type Comments’’ field, or                available to the public at www.ustr.gov:              submit to the FAA noise exposure maps
                                                  by attaching a document using an                        The United States’ submissions, any                   which meet applicable regulations and
                                                  ‘‘Upload File’’ field. It is expected that              non-confidential submissions received                 which depict non-compatible land uses
                                                  most comments will be provided in an                    from other participants in the dispute,               as of the date of submission of such
                                                  attached document. If a document is                     and any non-confidential summaries of                 maps, a description of projected aircraft
                                                  attached, it is sufficient to type ‘‘See                submissions received from other                       operations, and the ways in which such
                                                  attached’’ in the ‘‘Type Comments’’                     participants in the dispute. In the event             operations will affect such maps. The
                                                  field.                                                  that a dispute settlement panel is                    Act requires such maps to be developed
                                                     A person requesting that information,                convened, or in the event of an appeal                in consultation with interested and
                                                  contained in a comment that he                          from such a panel, the report of the                  affected parties in the local community,
                                                  submitted, be treated as confidential                   panel, and, if applicable, the report of              government agencies, and persons using
                                                  business information must certify that                  the Appellate Body, will also be                      the airport. An airport operator who has
                                                  such information is business                            available on the Web site of the World                submitted noise exposure maps that are
                                                  confidential and would not customarily                  Trade Organization at www.wto.org.                    found by FAA to be in compliance with
                                                  be released to the public by the                        Comments open to public inspection
                                                  submitter. Confidential business                                                                              the requirements of Federal Aviation
                                                                                                          may be viewed at www.regulations.gov.                 Regulations (FAR) Part 150,
                                                  information must be clearly designated
                                                  as such and the submission must be                      Annelies Winborne,                                    promulgated pursuant to the Act, may
                                                  marked ‘‘BUSINESS CONFIDENTIAL’’                        Deputy Assistant United States Trade                  submit a noise compatibility program
                                                  at the top and bottom of the cover page                 Representative for Monitoring and                     for FAA approval which sets forth the
                                                  and each succeeding page. Any                           Enforcement.                                          measures the operator has taken or
                                                  comment containing business                             [FR Doc. 2015–07011 Filed 3–26–15; 8:45 am]           proposes to take to reduce existing non-
                                                  confidential information must be                        BILLING CODE 3290–F5–P                                compatible uses and prevent the
                                                  submitted by fax to Sandy McKinzy at                                                                          introduction of additional non-
                                                  (202) 395–3640. A non-confidential                                                                            compatible uses.
                                                  summary of the confidential                             DEPARTMENT OF TRANSPORTATION                             The FAA has completed its review of
                                                  information must be submitted at                                                                              the noise exposure maps and
                                                  www.regulations.gov. The non-                           Federal Aviation Administration                       accompanying documentation
                                                  confidential summary will be placed in                                                                        submitted by the England Economic and
                                                  the docket and will be open to public                   Noise Exposure Map: Alexandria
                                                                                                                                                                Industrial Development District. The
                                                  inspection.                                             International Airport, Alexandria,
                                                                                                          Louisiana                                             documentation that constitutes the
                                                     USTR may determine that information                                                                        ‘‘noise exposure maps’’ as defined in
                                                  or advice contained in a comment                        AGENCY: Federal Aviation                              section 150.7 of Part 150 includes:
                                                  submitted, other than business                          Administration, DOT.                                  Figure 3.3, 2013 Existing Conditions
                                                  confidential information, is confidential               ACTION: Notice.                                       North Flow Flight Tracks; Figure 3.4,
                                                  in accordance with section 135(g)(2) of                                                                       2013 Existing Conditions South Flow
                                                  the Trade Act of 1974 (19 U.S.C.                        SUMMARY:   The Federal Aviation                       Flight Tracks; Figure 4.1, 2013 Existing
                                                  § 2155(g)(2)). If the submitter believes                Administration (FAA) announces its                    Condition Noise Exposure Map; Figure
                                                  that information or advice may qualify                  determination that the noise exposure                 5.1, 2019 Future Condition North Flow
                                                  as such, the submitter—                                 maps submitted by the England                         Flight Tracks; Figure 5.2, 2019 Future
                                                     (1) Must clearly so designate the                    Economic and Industrial Development                   Condition South Flow Flight Tracks;
                                                  information or advice;                                  District for Alexandria International                 Figure 6.1, 2019 Future Condition Noise
                                                     (2) Must clearly mark the material as                Airport under the provisions of 49                    Exposure Map; Figure J.1., Existing &
                                                  ‘‘SUBMITTED IN CONFIDENCE’’ at the                      U.S.C. 47503 et. seq (Aviation Safety                 Future North Flow Flight Tracks; Figure
                                                  top and bottom of the cover page and                    and Noise Abatement Act) and 14 CFR                   J.2, Existing & Future South Flow Flight
                                                  each succeeding page; and                               part 150 are in compliance with
                                                     (3) Must provide a non-confidential                                                                        Tracks; Figure J.3, 2013 Existing
                                                                                                          applicable requirements.                              Condition Noise Exposure Map; 2019
                                                  summary of the information or advice.                   DATES: Effective: The effective date of
                                                     Any comment containing confidential                                                                        Future Condition Noise Exposure Map;
                                                                                                          the FAA’s determination on the noise                  Table 3.1, Historical Annual Operations
                                                  information must be submitted by fax. A
                                                                                                          exposure maps is March 20, 2015.                      from ATADS; Table 3.2, Historical
                                                  non-confidential summary of the
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      Annual Operations from TFMSC; Table
                                                  confidential information must be
                                                  submitted at www.regulations.gov. The                   DOT/FAA Southwest Region, Tim                         3.3, Total Operations from NOP; Table
                                                  non-confidential summary will be                        Tandy, Environmental Protection                       3.4, Total Number of Operations for
                                                  placed in the docket and will be open                   Specialist, Louisiana/New Mexico                      2013; Table 3.5, Calculated Scaling
                                                  to public inspection.                                   Airports District Office, ASW–640D,                   Factor by Operational Category; Table
                                                     Pursuant to section 127(e) of the                    2601 Meacham Boulevard, Fort Worth,                   3.6, 2013 Runway and Helipad
                                                  Uruguay Round Agreements Act (19                        Texas 76137. Telephone (817) 222–                     Utilization Rate; Table 4.1, 2013
                                                  U.S.C. 3537(e)), USTR will maintain a                   5644.                                                 Existing Condition Noise Exposure
                                                                                                                                                                Estimates; Table 5.1, Total Number of
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                                                  docket on this dispute settlement                       SUPPLEMENTARY INFORMATION: This
                                                  proceeding, docket number USTR–                         notice announces that the FAA finds                   Operations for 2019; Table 5.2, 2019
                                                  2015–0004, accessible to the public at                  that the noise exposure maps submitted                Runway and Helipad Utilization Rate;
                                                  www.regulations.gov. The public file                    for Alexandria International Airport are              Table 6.1, 2019 Future Condition Noise
                                                  will include non-confidential comments                  in compliance with applicable                         Exposure Estimates. The FAA has
                                                  received by USTR from the public                        requirements of Part 150, effective                   determined that these noise exposure
                                                  regarding the dispute. If a dispute                     March 20, 2015. Under 49 U.S.C. 47503                 maps and accompanying documentation
                                                  settlement panel is convened, or in the                 of the Aviation Safety and Noise                      are in compliance with applicable


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Document Created: 2015-12-18 11:36:12
Document Modified: 2015-12-18 11:36:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comments.
DatesAlthough 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.
ContactArthur Tsao, Assistant General Counsel, Office of the United States Trade Representative, (202) 395- 3150.
FR Citation80 FR 16493 

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