83 FR 18388 - WTO Dispute Settlement Proceeding Regarding United States-Certain Measures Concerning Pangasius Seafood Products From Vietnam

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 81 (April 26, 2018)

Page Range		18388-18389
FR Document		2018-08814

On February 22, 2018, Vietnam requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) concerning measures that purportedly affect the import of Pangasius seafood products into the United States. That request is available at www.wto.org in a document designated as WT/DS540/1. The Office of the United States Trade Representative (USTR) invites written comments from the public concerning the issues raised in this dispute.

Federal Register, Volume 83 Issue 81 (Thursday, April 26, 2018)

[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Notices]
[Pages 18388-18389]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08814]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0009; Dispute Number WTO/DS540]


WTO Dispute Settlement Proceeding Regarding United States--
Certain Measures Concerning Pangasius Seafood Products From Vietnam

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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SUMMARY: On February 22, 2018, Vietnam requested consultations with the 
United States under the Marrakesh Agreement Establishing the World 
Trade Organization (WTO Agreement) concerning measures that purportedly 
affect the import of Pangasius seafood products into the United States. 
That request is available at www.wto.org in a document designated as 
WT/DS540/1. The Office of the United States Trade Representative (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, you should submit your 
comment on or before May 20, 2018, to be assured of timely 
consideration by USTR.

ADDRESSES: USTR strongly prefers electronic submissions made through 
the Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments in section III below. The docket 
number is USTR-2018-0009. For alternatives to on-line submissions, 
please contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Mayur Patel, Associate General 
Counsel, at (202) 395-3150.

SUPPLEMENTARY INFORMATION: 

I. Background

    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 these consultations do not resolve the 
matter, Vietnam could request that the WTO establish a dispute 
settlement panel pursuant to the DSU, which would hold its meetings in 
Geneva Switzerland, and issue a report on its findings.

II. Major Issues Raised by Vietnam

    On February 22, 2018, Vietnam requested consultations concerning 
measures it asserts affect the import, distribution, and sale of 
Vietnamese Pangasius fish products. Vietnam's request for consultation 
states that the Pangasius fish that is the subject of its request is 
sold as ``basa,'' ``tra,'' or ``swai.'' Specifically, Vietnam's 
consultations request describes the measures at issue in the following 
terms:
     Section 10016(b) of the Food, Conservation and Energy Act 
of 2008, Public Law 110-246 (the ``2008 Farm Bill''), amending the 
Federal Meat Inspection Act, 21 U.S.C. 601 et seq.
     Section 12106 of the Agriculture Act of 2014, Public Law 
113-79 (the ``2014 Farm Bill''), amending section 1(w) of the FMIA.
     9 CFR Subchapter F, parts 530-551, ``Mandatory Inspection 
of the Order Siluriformes and Products Derived from Such Fish'' (80 FR 
75589) (December 2, 2015) (the ``Final Rule'').
     The administrative applications of section 10016(b) of the 
2008 Farm Bill and section 12106 of the 2014 Farm Bill as implemented 
by the Final Rule.
     9 CFR part 541, ``Marks, Marketing and Labeling of 
Products and Containers'' (respecting fish and fish products), 
incorporating requirements in 9 CFR part 317, ``Labeling, Marking 
Devices, and Containers.''
     The administrative applications of 9 CFR part 541, 
including but not limited to those requirements incorporated from 9 CFR 
part 317 (see WT/DS540/1, pp. 2-3).


[[Page 18389]]


Vietnam's consultations request states that these measures appear to be 
inconsistent with the United States obligations under the GATT 1994 and 
the WTO Agreement on the Application of Sanitary and Phytosanitary 
Measures (SPS Agreement). Specifically, Vietnam invokes the obligations 
in Articles 2.2, 2.3, 4.1, 5.1, 5.3, 5.6, 8, and Annex C(1)(a) of the 
SPS Agreement and Article I:1 of the GATT 1994.

III. Public Comments: Requirements for Submissions

    USTR invites written comments concerning the issues raised in this 
dispute. All submissions must be in English and sent electronically via 
www.regulations.gov. For alternatives to electronic submissions, 
contact Sandy McKinzy at (202) 395-9483.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2018-0009 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 website, please consult the resources 
provided on the website by clicking on ``How to Use Regulations.gov'' 
on the bottom of the home page.
    The www.regulations.gov website allows users to provide comments by 
filling in a ``Type Comment'' field, or by attaching a document using 
an ``Upload File'' field. USTR prefers that comments be provided in an 
attached document. If a document is attached, it is sufficient to type 
``See attached'' in the ``Type Comment'' field. USTR prefers 
submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the 
submission is in an application other than those two, please indicate 
the name of the application in the ``Type Comment'' field.
    For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page and the submission should 
clearly indicate, via brackets, highlighting, or other means, the 
specific information that is business confidential. If you request 
business confidential treatment, you must certify in writing that 
disclosure of the information would endanger trade secrets or 
profitability, and that the information would not customarily be 
released to the public. Filers of submissions containing business 
confidential information also must submit a public version of their 
comments. The file name of the public version should begin with the 
character ``P''. The ``BC'' and ``P'' should be followed by the name of 
the person or entity submitting the comments or rebuttal comments. If 
these procedures are not sufficient to protect business confidential 
information or otherwise protect business interests, please contact 
Sandy McKinzy at (202) 395-9483 to discuss whether alternative 
arrangements are possible.
    USTR may determine that information or advice contained in a 
comment, 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 a submitter believes that information or advice 
is confidential, s/he must clearly designate the information or advice 
as confidential and mark it as ``SUBMITTED IN CONFIDENCE'' at the top 
and bottom of the cover page and each succeeding page, and provide a 
non-confidential summary of the information or advice.
    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-2018-0009, accessible to the public at 
www.regulations.gov. The public file will include non-confidential 
public comments USTR receives regarding the dispute. If a dispute 
settlement panel is convened, or in the event of an appeal from a 
panel, USTR will make the following documents publicly available at 
www.ustr.gov: the U.S. submissions and any non-confidential summaries 
of submissions received from other participants in the dispute. If a 
dispute settlement panel is convened, or in the event of an appeal from 
a panel, the report of the panel, and, if applicable, the report of the 
Appellate Body, will also be available on the website of the World 
Trade Organization, at www.wto.org.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2018-08814 Filed 4-25-18; 8:45 am]
 BILLING CODE 3290-F8-P

18388 Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Notices

products or services. These collections behavior and attitudes, religious beliefs, ADDRESSES: USTR strongly prefers
will allow for ongoing, collaborative, and other matters that are commonly electronic submissions made through
and actionable communications considered private. the Federal eRulemaking Portal: http://
between the Board and its customers Under the PRA, a federal agency www.regulations.gov. Follow the
and stakeholders. They will also allow conducting or sponsoring a collection of instructions for submitting comments in
feedback to contribute directly to the information must display a currently section III below. The docket number is
improvement of program management. valid OMB control number. Comments USTR–2018–0009. For alternatives to
The solicitation of feedback will target submitted in response to this notice may on-line submissions, please contact
areas such as: Timeliness, be made available to the public by the Sandy McKinzy at (202) 395–9483.
appropriateness, accuracy of Board. For this reason, please do not FOR FURTHER INFORMATION CONTACT:
information, courtesy, efficiency of include in your comments information Mayur Patel, Associate General Counsel,
service delivery, and resolution of of a confidential nature, such as at (202) 395–3150.
issues with service delivery. Responses sensitive personal information or SUPPLEMENTARY INFORMATION:
will be assessed to plan and inform proprietary information. If you send an
efforts to improve or maintain the electronic comment (e-file or email), I. Background
quality of service offered to the public. your email address is automatically USTR is providing notice that
If this information is not collected, vital captured and may be accessed if your consultations have been requested
feedback from customers and comments are made public. Please note pursuant to the WTO Understanding on
stakeholders on the Board’s services that responses to this public comment Rules and Procedures Governing the
will be unavailable. request containing any routine notice Settlement of Disputes (DSU). If these
The Board will only process a about the confidentiality of the consultations do not resolve the matter,
collection under this generic clearance communication will be treated as public Vietnam could request that the WTO
if it meets the following conditions: comments that may be made available to establish a dispute settlement panel
• The collections are voluntary; the public notwithstanding the pursuant to the DSU, which would hold
• the collections are low-burden for inclusion of the routine notice. its meetings in Geneva Switzerland, and
respondents (based on considerations of issue a report on its findings.
Dated: April 23, 2018.
total burden hours, total number of
respondents, or burden-hours per Jeffrey Herzig, II. Major Issues Raised by Vietnam
respondent) and are low-cost for both Clearance Clerk. On February 22, 2018, Vietnam
the respondents and the Federal [FR Doc. 2018–08756 Filed 4–25–18; 8:45 am] requested consultations concerning
Government; BILLING CODE 4915–01–P measures it asserts affect the import,
• the collections are non- distribution, and sale of Vietnamese
controversial and do not raise issues of Pangasius fish products. Vietnam’s
concern to other Federal agencies; OFFICE OF THE UNITED STATES request for consultation states that the
• any collection is targeted to the Pangasius fish that is the subject of its
TRADE REPRESENTATIVE
solicitation of opinions from request is sold as ‘‘basa,’’ ‘‘tra,’’ or
respondents who have experience with [Docket Number USTR–2018–0009; Dispute ‘‘swai.’’ Specifically, Vietnam’s
the program or may have experience Number WTO/DS540] consultations request describes the
with the program in the near future; measures at issue in the following
• personally identifiable information WTO Dispute Settlement Proceeding terms:
is collected only to the extent necessary Regarding United States—Certain • Section 10016(b) of the Food,
and is not retained; Measures Concerning Pangasius Conservation and Energy Act of 2008,
• information gathered will be used Seafood Products From Vietnam Public Law 110–246 (the ‘‘2008 Farm
only internally for general service Bill’’), amending the Federal Meat
improvement and program management AGENCY: Office of the United States
Inspection Act, 21 U.S.C. 601 et seq.
purposes and not for release outside of Trade Representative. • Section 12106 of the Agriculture
the agency; ACTION: Notice with request for Act of 2014, Public Law 113–79 (the
• information gathered will not be comments. ‘‘2014 Farm Bill’’), amending section
used for the purpose of substantially 1(w) of the FMIA.
SUMMARY: On February 22, 2018,
informing influential policy decisions; • 9 CFR Subchapter F, parts 530–551,
and Vietnam requested consultations with ‘‘Mandatory Inspection of the Order
• information gathered will yield the United States under the Marrakesh Siluriformes and Products Derived from
qualitative information, and the Agreement Establishing the World Trade Such Fish’’ (80 FR 75589) (December 2,
collections will not be designed or Organization (WTO Agreement) 2015) (the ‘‘Final Rule’’).
expected to yield statistically reliable concerning measures that purportedly • The administrative applications of
results or used as though the results are affect the import of Pangasius seafood section 10016(b) of the 2008 Farm Bill
generalizable to the population of study. products into the United States. That and section 12106 of the 2014 Farm Bill
Feedback collected under this generic request is available at www.wto.org in a as implemented by the Final Rule.
clearance provides useful information, document designated as WT/DS540/1. • 9 CFR part 541, ‘‘Marks, Marketing
but will not yield data that can be The Office of the United States Trade and Labeling of Products and
generalized to the overall population. Representative (USTR) invites written Containers’’ (respecting fish and fish
Such data uses would require more comments from the public concerning products), incorporating requirements
amozie on DSK30RV082PROD with NOTICES

rigorous designs than the collections the issues raised in this dispute. in 9 CFR part 317, ‘‘Labeling, Marking
covered by this notice. DATES: Although USTR will accept any Devices, and Containers.’’
As a general matter, information comments received during the course of • The administrative applications of 9
collections will not result in any new the dispute settlement proceedings, you CFR part 541, including but not limited
system of records containing privacy should submit your comment on or to those requirements incorporated from
information and will not ask questions before May 20, 2018, to be assured of 9 CFR part 317 (see WT/DS540/1, pp. 2–
of a sensitive nature, such as sexual timely consideration by USTR. 3).

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Document Created: 2018-11-02 08:20:20
Document Modified: 2018-11-02 08:20:20

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 with request for comments.
Dates		Although USTR will accept any comments received during the course of the dispute settlement proceedings, you should submit your comment on or before May 20, 2018, to be assured of timely consideration by USTR.
Contact		Mayur Patel, Associate General Counsel, at (202) 395-3150.
FR Citation		83 FR 18388