81_FR_49498 81 FR 49354 - 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

81 FR 49354 - 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

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 81, Issue 144 (July 27, 2016)

Page Range49354-49355
FR Document2016-17757

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.

Federal Register, Volume 81 Issue 144 (Wednesday, July 27, 2016) 
[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49354-49355]
From the Federal Register Online  [www.thefederalregister.org]
[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

49354 Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices OFFICE OF THE UNITED STATES this provision, USTR is providing notice products from the United States, as set TRADE REPRESENTATIVE that the United States has requested a forth by MOFCOM in Announcement panel pursuant to Article 21.5 of the No. 44 [2014], Announcement No. 56 [Dispute No. WTO/DS427] WTO Understanding on Rules and [2013], Announcement No. 52 [2010], WTO Dispute Settlement Proceeding Procedures Governing the Settlement of Announcement No. 51 [2010], Regarding China—Anti-Dumping and Disputes (‘‘DSU’’). Announcement No. 26 [2010], Countervailing Duty Measures on Announcement No. 8 [2010], and the Major Issues Raised by the United Broiler Products From the United annexes to the foregoing documents are States States—Recourse by the United States inconsistent with Articles 1, 2.2, 2.2.1.1, On September 25, 2013, the WTO 3.1, 3.2, 3.4, 3.5, 6.1, 6.4, 6.5, 6.8, 6.9, to Article 21.5 of the DSU Dispute Settlement Body (‘‘DSB’’) 9.4, 12.2, 12.2.2, and Annex II of the AD AGENCY: Office of the United States adopted its recommendations and Agreement; Articles 10, 12.1, 12.3, 12.4, Trade Representative. rulings in the dispute China—Anti- 12.8, 15.1, 15.2, 15.4, 15.5, 22.3, and ACTION: Notice; request for comments. Dumping and Countervailing Duty 22.5 of the SCM Agreement; and Article Measures on Broiler Products from the VI of the GATT 1994. SUMMARY: The Office of the United United States (DS427) (‘‘China—Broiler Pursuant to an understanding on States Trade Representative (‘‘USTR’’) is Products’’). The DSB found that China procedures under Articles 21 and 22 of providing notice that on May 27, 2016, imposed antidumping and the DSU, the United States requested the United States requested the countervailing duties on U.S. exports of consultations with China on May 17, establishment of a dispute settlement chicken broiler products in a manner 2016. That request may be found at panel under the Marrakesh Agreement that breached China’s obligations under www.wto.org contained in a document Establishing the World Trade the Agreement on Implementation of designated as WT/DS427/10. The Organization with the People’s Republic Article VI of the General Agreement on United States and China held of China (‘‘China’’) concerning China’s Tariffs and Trade 1994 (‘‘AD consultations on May 24, 2016, but the continuing imposition of anti-dumping Agreement’’), the Agreement on consultations did not resolve the matter. and countervailing duties on chicken Subsidies and Countervailing Measures broiler products from the United States. (‘‘SCM Agreement’’), and the General Public Comment: Requirements for That request may be found at Agreement on Tariffs and Trade 1994 Submissions www.wto.org in a document designated (‘‘GATT 1994’’). The DSB recommended Interested persons are invited to as WT/DS427/11. USTR invites written that China bring its measures into submit written comments concerning comments from the public concerning conformity with its obligations under the issues raised in this dispute. Persons the issues raised in this dispute. these Agreements. may submit public comments DATES: Although USTR will accept any On October 22, 2013, China electronically to www.regulations.gov comments received during the course of announced its intention to implement docket number USTR–2016–0008. If you the dispute settlement proceedings, the DSB recommendations and rulings are unable to provide submissions at comments should be submitted on or in this dispute and stated that it would www.regulations.gov, please contact before August 15, 2016, to be assured of need a reasonable period of time Sandy McKinzy at (202) 395–9483 to timely consideration by USTR. (‘‘RPT’’) in which to do so. On arrange for an alternative method of December 19, 2013, China and the transmission. ADDRESSES: Public comments should be United States informed the DSB that To submit comments via submitted electronically to www.regulations.gov, enter docket they had reached agreement that the www.regulations.gov, docket number number USTR–2016–0008 on the home RPT for China to implement the DSB USTR–2016–0008. page and click ‘‘search.’’ The site will If you are unable to provide recommendations and rulings shall be 9 months and 14 days from the adoption provide a search-results page listing all submissions at www.regulations.gov, of the Panel Report, expiring on July 9, documents associated with this docket. please contact Sandy McKinzy at (202) 2014. China’s Ministry of Commerce Find a reference to this notice by 395–9483 to arrange for an alternative (‘‘MOFCOM’’) subsequently issued a selecting ‘‘Notice’’ under ‘‘Document method of transmission. If (as explained redetermination that continues the Type’’ on the left side of the search- below) the comment contains imposition of antidumping and results page, and click on the link confidential information, then the countervailing duties on imports of entitled ‘‘Comment Now!’’ (For further comment should be submitted by fax chicken broiler products from the information on using the only to Sandy McKinzy at (202) 395– United States. The redetermination, www.regulations.gov Web site, please 3640. which is set forth in MOFCOM’s consult the resources provided on the FOR FURTHER INFORMATION CONTACT: Announcement No. 44 [2014], including Web site by clicking on ‘‘How to Use Mayur R. Patel, Associate General its annexes, states that it came into force Regulations.gov Site’’ on the bottom of Counsel, or Nathaniel J. Halvorson, as of July 9, 2014. the page.) Assistant General Counsel, Office of the The United States considers that The www.regulations.gov site United States Trade Representative, 600 China has failed to bring its measures provides the option of providing 17th Street NW., Washington, DC 20508, into conformity with the covered comments by filling in a ‘‘Type (202) 395–3150. agreements. As there is ‘‘disagreement Comments’’ field, or by attaching a SUPPLEMENTARY INFORMATION: Section as to the existence or consistency with document using an ‘‘Upload File’’ field. 127(b)(1) of the Uruguay Round a covered agreement of measures taken It is expected that most comments will sradovich on DSK3GMQ082PROD with NOTICES Agreements Act (‘‘URAA’’) (19 U.S.C. to comply with the recommendations be provided in an attached document. If 3537(b)(1)) requires that notice and and rulings’’ of the DSB, the United a document is attached, it is sufficient opportunity for comment be provided States is seeking recourse to Article 21.5 to type ‘‘See attached’’ in the ‘‘Type after the United States submits or of the DSU. Specifically, the United Comments’’ field. A person requesting receives a request for the establishment States considers that China’s measures that information contained in a of a World Trade Organization (‘‘WTO’’) continuing to impose antidumping and comment that he/she submitted be dispute settlement panel. Pursuant to countervailing duties on chicken broiler treated as confidential business VerDate Sep<11>2014 17:01 Jul 26, 2016 Jkt 238001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1

Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices 49355 information must certify that such available on the Web site of the WTO, 3. Agenda Review information is business confidential and at www.wto.org. 4. Approval of the Minutes from April would not customarily be released to Annelies Winborne, 2016 Meeting the public by the submitter. 5. Real Case Document Validation Deputy Assistant United States Trade Confidential business information must Representative for Monitoring and Report be clearly designated as such and the Enforcement, Office of the United States 6. Status of FRAC/Open Consultation submission must be marked ‘‘BUSINESS Trade Representative. of DO–XYZ/ED–130A CONFIDENTIAL’’ at the top and bottom [FR Doc. 2016–17757 Filed 7–26–16; 8:45 am] of the cover page and each succeeding a. Comments status and resolution BILLING CODE 3290–F6–P page. Any comment containing business summary confidential information must be b. Main outstanding issues requiring submitted by fax to Sandy McKinzy at DEPARTMENT OF TRANSPORTATION committee assessment for (202) 395–3640. A non-confidential resolution summary of the confidential Federal Aviation Administration 7. Status of FRAC/Open Consultation information must be submitted to for DO–307A/ED–239 www.regulations.gov. The non- EUROCAE WG–99 PLENARY #8/RTCA SC–234 Plenary #5—Calling Notice a. Comments status and resolution confidential summary will be placed in summary ‘‘Portable Electronic Devices (PEDs)’’ the docket and open to public b. Main outstanding issues requiring inspection. AGENCY: Federal Aviation committee assessment for USTR may determine that information Administration (FAA), U.S. Department resolution or advice contained in a comment of Transportation (DOT). 8. Interim Adjournment submitted, other than business ACTION: EUROCAE WG–99 PLENARY confidential information, is confidential #8/RTCA SC–234 Plenary #5—Calling Wednesday, August 24, 2016—9:00 in accordance with section 135(g)(2) of Notice ‘‘Portable Electronic Devices a.m.–5:00 p.m. the Trade Act of 1974 (19 U.S.C. (PEDs)’’. Task Group Sessions 2155(g)(2)). If the submitter believes that SUMMARY: The FAA is issuing this notice information or advice may qualify as Thursday, August 25, 2016—9:00 a.m.– to advise the public of a meeting of 12:00 p.m. such, the submitter— EUROCAE WG–99 PLENARY #8/RTCA (1) Must clearly so designate the SC–234 Plenary #5—Calling Notice Closing Plenary information or advice; ‘‘Portable Electronic Devices (PEDs)’’. 1. Task Group Reports (2) Must clearly mark the material as DATES: The meeting will be held August a. Comments status and resolution ‘‘SUBMITTED IN CONFIDENCE’’at the 23–25, 2016, 9:00 a.m. to 5:00 p.m. summary top and bottom of the cover page and Tuesday–Wednesday, 9:00 a.m. to 12:00 p.m. Thursday. b. Confirm action plant to close last each succeeding page; and outstanding comments ADDRESSES: The meeting will be held at: (3) Must provide a non-confidential RTCA, Inc., 1150 18th Street NW., Suite 2. Approval of DO–XYZ/ED–130A summary of the information or advice. 450, Washington, DC 20036. Individuals documents for submission to RTCA Any comment containing confidential wishing for WebEx/Audio information PMC and EUROCAE Council for information must be submitted by fax. A should contact the person listed in the publication non-confidential summary of the FOR FURTHER INFORMATION CONTACT 3. Approval of DO–307A/DO–239 confidential information must be section. documents for submission to RTCA submitted to www.regulations.gov. The FOR FURTHER INFORMATION CONTACT: PMC and EUROCAE Council for non-confidential summary will be Karan Hofmann at khofmann@rtca.org publication placed in the docket and open to public or (202) 330–0680, Anna von Groote at 4. Any other Business inspection. anna.vongroote@eurocae.net or +33 1 40 5. Adjourn Pursuant to section 127(e) of the 92 79 26 or The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, Attendance is open to the interested Uruguay Round Agreements Act (19 DC 20036, or by telephone at (202) 833– public but limited to space availability. U.S.C. 3537(e)), USTR will maintain a 9339, fax at (202) 833–9434, or Web site With the approval of the chairman, docket on this dispute settlement at http://www.rtca.org. members of the public may present oral proceeding accessible to the public at statements at the meeting. Persons www.regulations.gov, docket number SUPPLEMENTARY INFORMATION: Pursuant wishing to present statements or obtain USTR–2016–0008. to section 10(a)(2) of the Federal information should contact the person The public file will include non- Advisory Committee Act (Pub. L. 92– listed in the FOR FURTHER INFORMATION 463, 5 U.S.C., App.), notice is hereby confidential comments received by CONTACT section. Members of the public given for a meeting of the EUROCAE USTR from the public with respect to may present a written statement to the WG–99 PLENARY #8/RTCA SC–234 the dispute, which may be viewed on committee at any time. Plenary #5—Calling Notice ‘‘Portable the www.regulations.gov Web site. The Issued in Washington, DC, on July 20, Electronic Devices (PEDs)’’. The agenda following documents will be made 2016. sradovich on DSK3GMQ082PROD with NOTICES will include the following: available to the public at www.ustr.gov: Mohannad Dawoud, the U.S. submissions and any non- Tuesday, August 23, 2016—9:00 a.m.– Management & Program Analyst, Partnership confidential summaries or submissions 5:00 p.m. Contracts Branch, ANG–A17 NextGen, received from other participants in the Opening Plenary: Procurement Services Division, Federal dispute. The report of the panel in this 1. Welcome and Administrative Aviation Administration. proceeding, and, if applicable, the Remarks [FR Doc. 2016–17759 Filed 7–26–16; 8:45 am] report of the Appellate Body, will be 2. Introductions BILLING CODE 4910–13–P VerDate Sep<11>2014 17:01 Jul 26, 2016 Jkt 238001 PO 00000 Frm 00148 Fmt 4703 Sfmt 9990 E:\FR\FM\27JYN1.SGM 27JYN1


Document Created: 2018-02-08 08:02:43
Document Modified: 2018-02-08 08:02:43
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 August 15, 2016, to be assured of timely consideration by USTR.
ContactMayur 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.
FR Citation81 FR 49354 
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