80 FR 48134 - 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 154 (August 11, 2015)

Page Range		48134-48136
FR Document		2015-19631

The Office of the United States Trade Representative (``USTR'') is providing notice that the Republic of Indonesia has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization and the Understanding on Rules and Procedures Governing the Settlement of Disputes (``DSU''). That request may be found at www.wto.org contained in a document designated as WT/DS491/2. USTR invites written comments from the public concerning the issues raised in this dispute.

Federal Register, Volume 80 Issue 154 (Tuesday, August 11, 2015)

[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Notices]
[Pages 48134-48136]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19631]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS491]


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.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that the Republic of Indonesia has 
requested the establishment of a dispute settlement panel under the 
Marrakesh Agreement Establishing the World Trade Organization and the 
Understanding on Rules and Procedures Governing the Settlement of 
Disputes (``DSU''). That request may be found at www.wto.org contained 
in a document designated as WT/DS491/2. 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 September 9, 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: Section 127(b) 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 WTO dispute settlement 
panel. Consistent with this obligation, USTR is providing notice that 
the establishment of a dispute settlement panel has been requested 
pursuant to the DSU. The panel will hold its meetings in Geneva, 
Switzerland.

Major Issues Raised by Indonesia

    On November 17, 2010, the U.S. Department of Commerce (``DOC'') 
published antidumping (``AD'') and countervailing duty (``CVD'') orders 
(75 FR 70205; 75 FR 70206) on certain coated paper from Indonesia. On 
March 13, 2015, Indonesia requested WTO dispute settlement 
consultations regarding some of DOC's determinations in the CVD 
investigation, as well as the U.S. International Trade Commission's 
(``ITC'') threat of material injury determinations in both the AD and 
CVD proceedings. Indonesia and the United States held consultations in 
Geneva on June 25, 2015.
    On July 9, 2015, Indonesia requested that the WTO establish a 
dispute settlement panel. In its panel request, Indonesia contends that 
the DOC's findings of countervailable subsidies with respect to a 
number of government practices in the logging and paper industries are 
inconsistent with Article VI of the General Agreement on Tariffs And 
Trade 1994 (``GATT 1994'') and the Agreement on Subsidies and

[[Page 48135]]

Countervailing Measures (``SCM Agreement''). Indonesia also contends 
that the ITC's affirmative threat determinations in both the AD and CVD 
investigations breach Article VI of the GATT 1994, the Agreement on 
Implementation of Article VI of the General Agreement on Tariffs And 
Trade 1994 (``AD Agreement''), and the SCM Agreement. In addition, 
Indonesia raises an ``as such'' challenge to the statutory tie-vote 
provision set out in section 771(11)(B) of the Tariff Act of 1930 
(codified at 19 U.S.C. 1677(11)(B)), claiming that this provision 
breaches Article VI of the GATT 1994, Articles 1 and 3.8 of the AD 
Agreement, and Articles 10 and 15.8 of the SCM Agreement.
    Indonesia also lists in its panel request the following items as 
part of its challenge: ``the determinations by the [DOC] and [ITC] to 
initiate certain anti-dumping duty and countervailing duty 
investigations, the conduct of those investigations, any preliminary or 
final anti-dumping duty and countervailing duty determinations issued 
in those investigations, any definitive anti-dumping duties and 
countervailing duties imposed as a result of those investigations, 
including any notices, annexes, orders, decision memoranda, or other 
instruments issued by the United States in connection with the anti-
dumping duty and countervailing duty measures.''
    Indonesia contends DOC's determination that Indonesia provided 
standing timber for less than adequate remuneration breaches Article 
2.1 of the SCM Agreement because DOC failed to properly examine whether 
the purported subsidy was ``specific to an enterprise . . . within the 
jurisdiction of the granting authority'' and did not cite to evidence 
establishing the existence of a ``plan or scheme sufficient to 
constitute a `subsidy programme.''' Indonesia also alleges DOC breached 
Article 14(d) of the SCM Agreement because it failed to determine the 
adequacy of remuneration ``in relation to prevailing market conditions 
for the good . . . in question in the country of provision.'' Indonesia 
alleges that these provisions were also breached through DOC's 
determinations that Indonesia's log export ban and debt forgiveness 
practices each conferred a benefit which constitutes a countervailable 
subsidy. With respect to debt forgiveness, Indonesia alleges that DOC 
improperly applied adverse facts available ``without examining 
information Indonesia provided, and without examining whether Indonesia 
`refuse[d] access to, or otherwise [did] not provide''' the 
information, in breach of Article 12.7 of the SCM Agreement.
    Indonesia alleges that the ITC's threat determinations in the 
investigations at issue breach Article 3.5 of the AD Agreement and 
Article 15.5 of the SCM Agreement because the ITC did not demonstrate 
``the existence of a causal relationship between the imports and the 
purported threat of injury to the domestic industry'' and failed to 
``sufficiently examine known factors other than the allegedly dumped 
and subsidized imports which at the same time were in fact injuring the 
domestic injury.'' In addition, Indonesia alleges the ITC's threat 
determinations breach Article 3.7 of the AD Agreement and Article 15.7 
of the SCM Agreement because the threat findings were based on 
``allegation, conjecture [and] remote possibility''; were not supported 
by record evidence; and did not indicate a change in circumstances that 
was ``clearly foreseen and imminent.'' Further, Indonesia alleges the 
ITC's threat determinations breach Article 3.7 of the AD Agreement and 
Article 15.7 of the SCM Agreement because the ITC failed to demonstrate 
that the ``totality of the factors considered lead to the conclusion 
that material injury would have occurred unless protective action was 
taken.'' Indonesia alleges the ITC did not apply or consider ``special 
care'' in its threat of injury determinations, in contravention of 
Article 3.8 of the AD Agreement and Article 15.8 of the SCM Agreement.
    Indonesia also claims the ``requirement contained in 19 U.S.C. 
1677(11)(B) that a tie vote in a threat of injury determination must be 
treated as an affirmative . . . [ITC] determination,'' is, ``as such,'' 
inconsistent with Article 3.8 of the AD Agreement and Article 15.8 of 
the SCM Agreement ``because the requirement does not consider or 
exercise special care.''
    Finally, Indonesia alleges that these actions are inconsistent with 
Article 1 of the AD Agreement, Article 10 of the SCM Agreement, and 
Article VI of the GATT 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-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 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

[[Page 48136]]

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 panel report 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,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2015-19631 Filed 8-10-15; 8:45 am]
BILLING CODE 3290-F5-P

48134 Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Notices

printing in the Commission’s Public services of governmental nature may file the dispute settlement proceedings,
Reference Section, 100 F Street NE., disaster loan applications at the address comments should be submitted on or
Washington, DC 20549–1090 on official listed above or other locally announced before September 9, 2015, to be assured
business days between the hours of locations. of timely consideration by USTR.
10:00 a.m. and 3:00 p.m. Copies of the The following areas have been ADDRESSES: Public comments should be
filing will also be available for determined to be adversely affected by submitted electronically to
inspection and copying at the NYSE’s the disaster: www.regulations.gov, docket number
principal office and on its Internet Web Primary Counties: Allamakee; USTR–2015–0005. If you are unable to
site at www.nyse.com. All comments Appanoose; Butler; Clayton; Dallas; provide submissions by
received will be posted without change; Davis; Des Moines; Guthrie; Howard; www.regulations.gov, please contact
the Commission does not edit personal Jefferson; Lee; Lucas; Marion; Sandy McKinzy at (202) 395–9483 to
identifying information from Mitchell; Monroe; Warren; Wayne; arrange for an alternative method of
submissions. You should submit only Winneshiek; Wright. transmission.
information that you wish to make The Interest Rates are: If (as explained below) the comment
available publicly. All submissions contains confidential information, then
should refer to File Number SR– For Physical Damage: the comment should be submitted by
NYSEMKT–2015–59 and should be Non-Profit Organizations With fax only to Sandy McKinzy at (202)
submitted on or before September 1, Credit Available Elsewhere ... 2.625 395–3640.
2015. Non-Profit Organizations With-
out Credit Available Else- FOR FURTHER INFORMATION CONTACT:
For the Commission, by the Division of where ..................................... 2.625 Micah Myers, Associate General
Trading and Markets, pursuant to delegated For Economic Injury: Counsel, or Juli Schwartz, Assistant
authority.11 Non-Profit Organizations With- General Counsel, Office of the United
Robert W. Errett, out Credit Available Else- States Trade Representative, 600 17th
Deputy Secretary. where ..................................... 2.625 Street NW., Washington, DC 20508,
[FR Doc. 2015–19645 Filed 8–10–15; 8:45 am] (202) 395–3150.
The number assigned to this disaster
BILLING CODE 8011–01–P SUPPLEMENTARY INFORMATION: Section
for physical damage is 14403B and for
127(b) of the Uruguay Round
economic injury is 14404B
Agreements Act (‘‘URAA’’) (19 U.S.C.
(Catalog of Federal Domestic Assistance 3537(b)(1)) requires that notice and
SMALL BUSINESS ADMINISTRATION
Numbers 59002 and 59008) opportunity for comment be provided
[Disaster Declaration #14403 and #14404] after the United States submits or
James E. Rivera,
Iowa Disaster #IA–00064 Associate Administrator for Disaster receives a request for the establishment
Assistance. of a WTO dispute settlement panel.
AGENCY: U.S. Small Business [FR Doc. 2015–19630 Filed 8–10–15; 8:45 am] Consistent with this obligation, USTR is
Administration. BILLING CODE 8025–01–P providing notice that the establishment
ACTION: Notice. of a dispute settlement panel has been
requested pursuant to the DSU. The
SUMMARY: This is a Notice of the panel will hold its meetings in Geneva,
Presidential declaration of a major OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE Switzerland.
disaster for Public Assistance Only for
the State of Iowa (FEMA–4234–DR), [Dispute No. WTO/DS491] Major Issues Raised by Indonesia
dated 07/31/2015. On November 17, 2010, the U.S.
Incident: Severe Storms, Tornadoes, WTO Dispute Settlement Proceeding Department of Commerce (‘‘DOC’’)
Straight-Line Winds, and Flooding. Regarding United States—Anti- published antidumping (‘‘AD’’) and
Incident Period: 06/20/2015 through Dumping and Countervailing Measures countervailing duty (‘‘CVD’’) orders (75
06/25/2015. on Certain Coated Paper From FR 70205; 75 FR 70206) on certain
Effective Date: 07/31/2015. Indonesia coated paper from Indonesia. On March
Physical Loan Application Deadline 13, 2015, Indonesia requested WTO
Date: 09/29/2015. AGENCY: Office of the United States
Trade Representative. dispute settlement consultations
Economic Injury (EIDL) Loan regarding some of DOC’s determinations
Application Deadline Date: 05/02/2016. ACTION: Notice; request for comments.
in the CVD investigation, as well as the
ADDRESSES: Submit completed loan SUMMARY: The Office of the United U.S. International Trade Commission’s
applications to: U.S. Small Business States Trade Representative (‘‘USTR’’) is (‘‘ITC’’) threat of material injury
Administration Processing and providing notice that the Republic of determinations in both the AD and CVD
Disbursement Center, 14925 Kingsport Indonesia has requested the proceedings. Indonesia and the United
Road, Fort Worth, TX 76155. establishment of a dispute settlement States held consultations in Geneva on
FOR FURTHER INFORMATION CONTACT: A panel under the Marrakesh Agreement June 25, 2015.
Escobar, Office of Disaster Assistance, Establishing the World Trade On July 9, 2015, Indonesia requested
U.S. Small Business Administration, Organization and the Understanding on that the WTO establish a dispute
409 3rd Street SW., Suite 6050, Rules and Procedures Governing the settlement panel. In its panel request,
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Washington, DC 20416. Settlement of Disputes (‘‘DSU’’). That Indonesia contends that the DOC’s
SUPPLEMENTARY INFORMATION: Notice is request may be found at www.wto.org findings of countervailable subsidies
hereby given that as a result of the contained in a document designated as with respect to a number of government
President’s major disaster declaration on WT/DS491/2. USTR invites written practices in the logging and paper
07/31/2015, Private Non-Profit comments from the public concerning industries are inconsistent with Article
organizations that provide essential the issues raised in this dispute. VI of the General Agreement on Tariffs
DATES: Although USTR will accept any And Trade 1994 (‘‘GATT 1994’’) and the
11 17 CFR 200.30–3(a)(12). comments received during the course of Agreement on Subsidies and

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48136 Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Notices

non-confidential summary of the In accordance with the requirements Description: The OCC’s Office of the
confidential information must be of the PRA, the OCC may not conduct Ombudsman (Ombudsman) is
submitted to www.regulations.gov. The or sponsor, and the respondent is not committed to assessing its efforts to
non-confidential summary will be required to respond to, an information provide a fair and expeditious appeals
placed in the docket and will be open collection unless it displays a currently process to institutions under its
to public inspection. valid Office of Management and Budget supervision. To perform this
Pursuant to section 127(e) of the (OMB) control number. The OCC is assessment, it is necessary to obtain
Uruguay Round Agreements Act (19 soliciting comment concerning a new feedback from individual appellant
U.S.C. 3537(e)), USTR will maintain a collection of information titled, ‘‘Bank institutions on the effectiveness of the
docket on this dispute settlement Appeals Follow-Up Questionnaire.’’ The Ombudsman’s current efforts to provide
proceeding, docket number USTR– OCC also is giving notice that it has sent a fair and expeditious appeals process
2015–0005, accessible to the public at the collection to OMB for review. and suggestions on ways to enhance the
www.regulations.gov. DATES: Comments must be submitted on bank appeals process. The Ombudsman
The public file will include non- or before September 10, 2015. will use the information gathered to
confidential comments received by ADDRESSES: Because paper mail in the assess adherence to OCC Bulletin 2013–
USTR from the public regarding the Washington, DC area and at the OCC is 15, ‘‘Bank Appeals Process,’’ dated June
dispute. If a dispute settlement panel is subject to delay, commenters are 7, 2013, for each appeal submitted and
convened, or in the event of an appeal encouraged to submit comments by to enhance its bank appeals program.
from such a panel, the following email, if possible. Comments may be Affected Public: Businesses or other
documents will be made available to the sent to: Legislative and Regulatory for-profit.
public at www.ustr.gov: the United Activities Division, Office of the Burden Estimates:
States’ submissions, any non- Comptroller of the Currency, Attention: Estimated Number of Respondents: 15.
confidential submissions received from 1557–NEW, 400 7th Street SW., Suite Estimated Number of Responses: 15.
other participants in the dispute, and 3E–218, Mail Stop 9W–11, Washington, Estimated Annual Burden: 2.5 hours.
any non-confidential summaries of DC 20219. In addition, comments may Frequency of Response: On occasion.
submissions received from other be sent by fax to (571) 465–4326 or by Comments: The OCC published a
participants in the dispute. electronic mail to prainfo@occ.treas.gov. notice for 60 days of comment on June
In the event that a dispute settlement You may personally inspect and 5, 2015 (80 FR 32204). No comments
panel is convened, or in the event of an photocopy comments at the OCC, 400 were received. Comments continue to be
appeal from such a panel, the panel 7th Street SW., Washington, DC 20219. invited on:
report and, if applicable, the report of For security reasons, the OCC requires (a) Whether the collections of
the Appellate Body, will also be that visitors make an appointment to information are necessary for the proper
available on the Web site of the World inspect comments. You may do so by performance of the OCC’s functions,
Trade Organization, at www.wto.org. calling (202) 649–6700. Upon arrival, including whether the information has
Comments open to public inspection visitors will be required to present valid practical utility;
may be viewed at www.regulations.gov. (b) The accuracy of the OCC’s
government-issued photo identification
estimates of the burden of the
Juan Millan, and submit to security screening in
information collections, including the
Acting Assistant United States Trade order to inspect and photocopy
validity of the methodology and
Representative for Monitoring and comments.
All comments received, including assumptions used;
Enforcement. (c) Ways to enhance the quality,
[FR Doc. 2015–19631 Filed 8–10–15; 8:45 am] attachments and other supporting
materials, are part of the public record utility, and clarity of the information to
BILLING CODE 3290–F5–P
and subject to public disclosure. Do not be collected;
(d) Ways to minimize the burden of
include any information in your
information collections on respondents,
comment or supporting materials that
DEPARTMENT OF THE TREASURY including through the use of automated
you consider confidential or
collection techniques or other forms of
inappropriate for public disclosure.
Office of the Comptroller of the Additionally, please send a copy of information technology; and
Currency (e) Estimates of capital or start-up
your comments by mail to: OCC Desk
costs and costs of operation,
Officer, 1557–NEW, U.S. Office of
Agency Information Collection maintenance, and purchase of services
Management and Budget, 725 17th
Activities: Proposed Information to provide information.
Street NW., #10235, Washington, DC
Collection; Submission for OMB 20503, or by email to: oira_submission@ Dated: August 5, 2015.
Review; Bank Appeals Follow-Up omb.eop.gov. Mary H. Gottlieb,
Questionnaire
FOR FURTHER INFORMATION CONTACT: Regulatory Specialist, Legislative and
AGENCY: Office of the Comptroller of the Shaquita Merritt, Clearance Officer, Regulatory Activities Division.
Currency (OCC), Treasury. (202) 649–5490, for persons who are [FR Doc. 2015–19622 Filed 8–10–15; 8:45 am]
ACTION: Notice and request for deaf or hard of hearing, TTY, (202) 649– BILLING CODE 4810–33–P

comment. 5597, Legislative and Regulatory
Activities Division, Office of the
asabaliauskas on DSK5VPTVN1PROD with NOTICES

SUMMARY: The OCC, as part of its Comptroller of the Currency, 400 7th DEPARTMENT OF THE TREASURY
continuing effort to reduce paperwork Street SW., Washington, DC 20219.
and respondent burden, invites the Office of Foreign Assets Control
SUPPLEMENTARY INFORMATION:
general public and other Federal Title: Bank Appeals Follow-Up Sanctions Actions Pursuant to
agencies to take this opportunity to Questionnaire. Executive Orders 13224
comment on a new information OMB Control No.: To be assigned by
collection, as required by the Paperwork OMB. AGENCY: Office of Foreign Assets
Reduction Act of 1995 (PRA). Type of Review: Regular. Control, Treasury.

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Document Created: 2016-09-27 22:24:43
Document Modified: 2016-09-27 22:24:43

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 September 9, 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 48134