80 FR 21794 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping and Countervailing Measures on Certain Coated Paper From Indonesia

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 80, Issue 75 (April 20, 2015)

Page Range		21794-21795
FR Document		2015-09026

The Office of the United States Trade Representative (``USTR'') is providing notice that on March 13, 2015, the Republic of Indonesia requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping (``AD'') and countervailing duty (``CVD'') measures pertaining to certain coated paper suitable for high-quality print graphics using sheet-fed presses from Indonesia. That request may be found at www.wto.org contained in a document designated as WT/DS491/1. USTR invites written comments from the public concerning the issues raised in this dispute.

Federal Register, Volume 80 Issue 75 (Monday, April 20, 2015)

[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21794-21795]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09026]



[[Page 21794]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS491/Docket No. USTR-2015-0005]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping and Countervailing Measures on Certain Coated Paper From 
Indonesia

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 March 13, 2015, the Republic of 
Indonesia requested consultations with the United States under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') concerning antidumping (``AD'') and countervailing duty 
(``CVD'') measures pertaining to certain coated paper suitable for 
high-quality print graphics using sheet-fed presses from Indonesia. 
That request may be found at www.wto.org contained in a document 
designated as WT/DS491/1. 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 May 11, 2015, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2015-0005. 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: Micah Myers, Associate General 
Counsel, or Juli Schwartz, 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, Indonesia could 
request the establishment of a dispute settlement panel.

Major Issues Raised by Indonesia

    On March 13, 2015, Indonesia requested consultations concerning AD 
and CVD measures pertaining to certain coated paper suitable for high-
quality print graphics using sheet-fed presses. The specific U.S. legal 
instruments referenced in Indonesia's consultations request are: (1) 
Section 771(11)(B) of the Tariff Act of 1930, as amended, codified at 
19 U.S.C. 1677(11)(B); (2) Certain Coated Paper from Indonesia: 
Initiation of Countervailing Duty Investigation, 74 FR 53707 (Oct. 20, 
2009); (3) Certain Coated Paper Suitable for High-Quality Print 
Graphics Using Sheet-Fed Presses from Indonesia and the People's 
Republic of China: Initiation of Antidumping Duty Investigations, 74 FR 
53710 (Oct. 20, 2009); (4) Certain Coated Paper Suitable for High-
Quality Print Graphics Using Sheet-Fed Presses from China and 
Indonesia, 74 FR 50243 (Sept. 30, 2009); (5) Certain Coated Paper 
Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from 
China and Indonesia, 74 FR 61174 (Nov. 23, 2009); (6) Certain Coated 
Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses 
from Indonesia: Preliminary Affirmative Countervailing Duty 
Determination and Alignment of Final Countervailing Duty Determination 
with Final Antidumping Duty Determination, 75 FR 10761 (Mar. 9, 2010); 
(7) Certain Coated Paper Suitable for High-Quality Print Graphics Using 
Sheet-Fed Presses from Indonesia: Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 75 FR 
24885 (May 6, 2010); (8) Certain Coated Paper Suitable for High-Quality 
Print Graphics Using Sheet-Fed Presses from Indonesia: Final 
Affirmative Countervailing Duty Determination, 75 FR 59209 (Sept. 27, 
2010); (9) Certain Coated Paper Suitable for High-Quality Print 
Graphics Using Sheet-Fed Presses from Indonesia: Final Determination of 
Sales at Less Than Fair Value, 75 FR 59223 (Sept. 27, 2010); (10) 
Certain Coated Paper Suitable for High-Quality Print Graphics Using 
Sheet-Fed Presses from China and Indonesia, 75 FR 70289 (Nov. 17, 
2010); (11) Certain Coated Paper Suitable for High-Quality Print 
Graphics Using Sheet-Fed Presses from Indonesia: Countervailing Duty 
Order, 75 FR 70206 (Nov. 17, 2010); and (12) Certain Coated Paper 
Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from 
Indonesia: Antidumping Duty Order, 75 FR 70205 (Nov. 17, 2010).
    With respect to the CVD measures, Indonesia challenges the U.S. 
Department of Commerce's (``DOC'') determination that Indonesia 
provided standing timber for less than adequate remuneration, 
describing it in the consultation request as a ``per se determination 
of price distortion'' without a (corresponding) determination of ``the 
adequacy of remuneration `in relation to prevailing market conditions.' 
'' Indonesia also states that DOC failed to ``examine whether there was 
a plan or scheme in place sufficient to constitute a `subsidy 
programme.' '' Indonesia further claims DOC ``did not identify whether 
the entity providing the purported subsidy was the national, regional, 
or local government and . . . thus . . . whether the subsidy was 
`specific to an enterprise . . . within the jurisdiction of the 
granting authority' '' (third ellipsis in original). In addition, 
Indonesia challenges DOC's facts available analysis in which it 
concluded that the Government of Indonesia forgave debt.
    With respect to both the AD and CVD measures, Indonesia alleges 
that the U.S. International Trade Commission's (``ITC'') threat of 
injury determination ``relied on `allegation, conjecture [and] remote 
possibility,' '' was not based ``on a change in circumstances that was 
`clearly foreseen and imminent,' '' and showed no ``causal relationship 
between the [subject] imports and the . . . threat of injury to the 
domestic industry.''
    With respect to 19 U.S.C. 1677(11)(B), Indonesia contends that 
``the law does not consider or exercise `special care' '' as a result 
of the ``requirement that a tie vote in a threat of injury 
determination must be treated as an affirmative . . . [ITC] 
determination.''
    Indonesia alleges inconsistencies with Article VI of the General 
Agreement on Tariffs and Trade 1994, Articles 1, 3.5, 3.7 and 3.8 of 
the Agreement on Implementation of Article VI of the General Agreement 
on Tariffs And Trade 1994 and Articles 2.1, 12.7, 10, 14(d), 15.5, 15.7 
and 15.8 of the Agreement on Subsidies and Countervailing Measures.

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-
0005. 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

[[Page 21795]]

number USTR-2015-0005 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 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 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-2015-0005, 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. 2015-09026 Filed 4-17-15; 8:45 am]
 BILLING CODE 3290-F5-P

21794 Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices

OFFICE OF THE UNITED STATES could request the establishment of a Department of Commerce’s (‘‘DOC’’)
TRADE REPRESENTATIVE dispute settlement panel. determination that Indonesia provided
standing timber for less than adequate
[Dispute No. WTO/DS491/Docket No. USTR– Major Issues Raised by Indonesia
remuneration, describing it in the
2015–0005] On March 13, 2015, Indonesia consultation request as a ‘‘per se
requested consultations concerning AD determination of price distortion’’
WTO Dispute Settlement Proceeding
and CVD measures pertaining to certain without a (corresponding)
Regarding United States—Anti-
coated paper suitable for high-quality determination of ‘‘the adequacy of
Dumping and Countervailing Measures
print graphics using sheet-fed presses. remuneration ‘in relation to prevailing
on Certain Coated Paper From
The specific U.S. legal instruments market conditions.’ ’’ Indonesia also
Indonesia
referenced in Indonesia’s consultations states that DOC failed to ‘‘examine
AGENCY: Office of the United States request are: (1) Section 771(11)(B) of the whether there was a plan or scheme in
Trade Representative. Tariff Act of 1930, as amended, codified place sufficient to constitute a ‘subsidy
ACTION: Notice; request for comments. at 19 U.S.C. 1677(11)(B); (2) Certain programme.’ ’’ Indonesia further claims
Coated Paper from Indonesia: Initiation DOC ‘‘did not identify whether the
SUMMARY: The Office of the United of Countervailing Duty Investigation, 74 entity providing the purported subsidy
States Trade Representative (‘‘USTR’’) is FR 53707 (Oct. 20, 2009); (3) Certain was the national, regional, or local
providing notice that on March 13, Coated Paper Suitable for High-Quality government and . . . thus . . . whether
2015, the Republic of Indonesia Print Graphics Using Sheet-Fed Presses the subsidy was ‘specific to an
requested consultations with the United from Indonesia and the People’s enterprise . . . within the jurisdiction of
States under the Marrakesh Agreement Republic of China: Initiation of the granting authority’ ’’ (third ellipsis
Establishing the World Trade Antidumping Duty Investigations, 74 FR in original). In addition, Indonesia
Organization (‘‘WTO Agreement’’) 53710 (Oct. 20, 2009); (4) Certain challenges DOC’s facts available
concerning antidumping (‘‘AD’’) and Coated Paper Suitable for High-Quality analysis in which it concluded that the
countervailing duty (‘‘CVD’’) measures Print Graphics Using Sheet-Fed Presses Government of Indonesia forgave debt.
pertaining to certain coated paper from China and Indonesia, 74 FR 50243 With respect to both the AD and CVD
suitable for high-quality print graphics (Sept. 30, 2009); (5) Certain Coated measures, Indonesia alleges that the
using sheet-fed presses from Indonesia. Paper Suitable for High-Quality Print U.S. International Trade Commission’s
That request may be found at Graphics Using Sheet-Fed Presses from (‘‘ITC’’) threat of injury determination
www.wto.org contained in a document China and Indonesia, 74 FR 61174 (Nov. ‘‘relied on ‘allegation, conjecture [and]
designated as WT/DS491/1. USTR 23, 2009); (6) Certain Coated Paper remote possibility,’ ’’ was not based ‘‘on
invites written comments from the Suitable for High-Quality Print Graphics a change in circumstances that was
public concerning the issues raised in Using Sheet-Fed Presses from Indonesia: ‘clearly foreseen and imminent,’ ’’ and
this dispute. Preliminary Affirmative Countervailing showed no ‘‘causal relationship between
DATES: Although USTR will accept any Duty Determination and Alignment of the [subject] imports and the . . . threat
comments received during the course of Final Countervailing Duty of injury to the domestic industry.’’
the dispute settlement proceedings, Determination with Final Antidumping With respect to 19 U.S.C. 1677(11)(B),
comments should be submitted on or Duty Determination, 75 FR 10761 (Mar. Indonesia contends that ‘‘the law does
before May 11, 2015, to be assured of 9, 2010); (7) Certain Coated Paper not consider or exercise ‘special care’ ’’
timely consideration by USTR. Suitable for High-Quality Print Graphics as a result of the ‘‘requirement that a tie
Using Sheet-Fed Presses from Indonesia: vote in a threat of injury determination
ADDRESSES: Public comments should be
Preliminary Determination of Sales at must be treated as an affirmative . . .
submitted electronically to
Less Than Fair Value and Postponement [ITC] determination.’’
www.regulations.gov, docket number
of Final Determination, 75 FR 24885 Indonesia alleges inconsistencies with
USTR–2015–0005. If you are unable to
(May 6, 2010); (8) Certain Coated Paper Article VI of the General Agreement on
provide submissions by
Suitable for High-Quality Print Graphics Tariffs and Trade 1994, Articles 1, 3.5,
www.regulations.gov, please contact Using Sheet-Fed Presses from Indonesia:
Sandy McKinzy at (202) 395–9483 to 3.7 and 3.8 of the Agreement on
Final Affirmative Countervailing Duty Implementation of Article VI of the
arrange for an alternative method of Determination, 75 FR 59209 (Sept. 27,
transmission. General Agreement on Tariffs And
2010); (9) Certain Coated Paper Suitable Trade 1994 and Articles 2.1, 12.7, 10,
If (as explained below) the comment for High-Quality Print Graphics Using
contains confidential information, then 14(d), 15.5, 15.7 and 15.8 of the
Sheet-Fed Presses from Indonesia: Final Agreement on Subsidies and
the comment should be submitted by Determination of Sales at Less Than
fax only to Sandy McKinzy at (202) Countervailing Measures.
Fair Value, 75 FR 59223 (Sept. 27,
395–3640. 2010); (10) Certain Coated Paper Public Comment: Requirements for
FOR FURTHER INFORMATION CONTACT: Suitable for High-Quality Print Graphics Submissions
Micah Myers, Associate General Using Sheet-Fed Presses from China and Interested persons are invited to
Counsel, or Juli Schwartz, Assistant Indonesia, 75 FR 70289 (Nov. 17, 2010); submit written comments concerning
General Counsel, Office of the United (11) Certain Coated Paper Suitable for the issues raised in this dispute. Persons
States Trade Representative, 600 17th High-Quality Print Graphics Using may submit public comments
Street NW., Washington, DC 20508, Sheet-Fed Presses from Indonesia: electronically to www.regulations.gov
(202) 395–3150.
mstockstill on DSK4VPTVN1PROD with NOTICES

Countervailing Duty Order, 75 FR 70206 docket number USTR–2015–0005. If you
SUPPLEMENTARY INFORMATION: USTR is (Nov. 17, 2010); and (12) Certain Coated are unable to provide submissions by
providing notice that consultations have Paper Suitable for High-Quality Print www.regulations.gov, please contact
been requested pursuant to the WTO Graphics Using Sheet-Fed Presses from Sandy McKinzy at (202) 395–9483 to
Understanding on Rules and Procedures Indonesia: Antidumping Duty Order, 75 arrange for an alternative method of
Governing the Settlement of Disputes FR 70205 (Nov. 17, 2010). transmission.
(‘‘DSU’’). If such consultations should With respect to the CVD measures, To submit comments via
fail to resolve the matter, Indonesia Indonesia challenges the U.S. www.regulations.gov, enter docket

VerDate Sep<11>2014 17:56 Apr 17, 2015 Jkt 235001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.SGM 20APN1

Document Created: 2018-02-21 10:12:33
Document Modified: 2018-02-21 10:12:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; request for comments.
Dates		Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before May 11, 2015, to be assured of timely consideration by USTR.
Contact		Micah Myers, Associate General Counsel, or Juli Schwartz, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street NW., Washington, DC 20508, (202) 395-3150.
FR Citation		80 FR 21794