83 FR 22112 - WTO Dispute Settlement Proceeding: United States Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products From India

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 92 (May 11, 2018)

Page Range		22112-22113
FR Document		2018-10055

The Office of the United States Trade Representative (USTR) is providing notice that India has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement). That request may be found at www.wto.org in a document designated as WT/DS436/18. USTR invites written comments from the public concerning the issues raised in this dispute.

Federal Register, Volume 83 Issue 92 (Friday, May 11, 2018)

[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Notices]
[Pages 22112-22113]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10055]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0011; Dispute Number WT/DS436]


WTO Dispute Settlement Proceeding: United States Countervailing 
Measures on Certain Hot-Rolled Carbon Steel Flat Products From India

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that India has requested the establishment of a 
dispute settlement panel under the Marrakesh Agreement Establishing the 
World Trade Organization (WTO Agreement). That request may be found at 
www.wto.org in a document designated as WT/DS436/18. 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 June 11, 2018 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 USTR-2018-0011. For alternatives to on-line submissions, please 
contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Amanda Lee 
at 202-395-9589 or Assistant General Counsel Ryan Majerus at 202-395-
0380.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 127(b)(1) of the Uruguay Round Agreements Act (URAA) (19 
U.S.C. 3537(b)(1)) requires notice and opportunity for comment after 
the United States submits or receives a request for the establishment 
of a WTO dispute settlement panel. Pursuant to this provision, USTR is 
providing notice that the United States has requested a dispute 
settlement panel pursuant to the WTO Understanding on Rules Procedures 
Governing the Settlement of Disputes (DSU). Once the WTO establishes a 
dispute settlement panel, the panel will hold its meetings in Geneva 
Switzerland.

II. Major Issues Raised by India

    On December 19, 2014, the WTO Dispute Settlement Body (DSB) adopted 
its recommendations and rulings in the dispute United States--
Countervailing Measures on Certain Hot-Rolled Steel Flat Products from 
India (DS436). The DSB found that certain countervailing duty measures 
imposed by the United States on certain hot-rolled steel flat products 
imported from India (C-533-821) were inconsistent with its obligations 
under the Agreement on Subsidies and Countervailing Measures (SCM 
Agreement). The DSB recommended that the United States bring its 
measures into conformity with its obligations under the SCM Agreement.
    The U.S. Department of Commerce (DOC) and the U.S. International 
Trade Commission (ITC) subsequently issued section 129 determinations. 
On April 28, 2016, the U.S. Trade Representative directed DOC to 
implement its determinations, pursuant to section 129 of the Uruguay 
Round Agreements Act (19 U.S.C. 3538(b)(4)). Notice of the completed 
implementation process was published in the Federal Register on May 6, 
2016 as Implementation of Determinations Under Section 129 of the 
Uruguay Round Agreements Act (81 FR 27412).
    On June 5, 2017, pursuant to an understanding on procedures under 
Articles 21 and 22 of the DSU, India requested consultations with the 
United States. You can find that at www.wto.org in a document 
designated as WT/DS436/17. The United States and India held 
consultations on July 13, 2017. On March 29, 2018, the United States 
received India's request for the establishment of a panel.
    In its request for the establishment of a panel, India alleges that 
the DOC and ITC section 129 determinations are not consistent with the 
United States' obligations under Articles 1, 2, 10, 11, 12, 13, 14, 15, 
19, 21, 22 and 32 of the SCM Agreement, as well as Article VI of the 
GATT 1994. India also alleges that the United States' failure to amend 
19 U.S.C. 1677(7)(G)(iii) is inconsistent with Article 15 of the SCM 
Agreement.

[[Page 22113]]

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. To submit comments via www.regulations.gov, enter 
docket number USTR-2018-0011 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 a 
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 and bottom 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 comment. If this is no 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 URAA (19 U.S.C. 3537(e)), USTR 
will maintain a docket on this dispute settlement proceeding, docket 
number USTR-2018-0011, 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. 2018-10055 Filed 5-10-18; 8:45 am]
 BILLING CODE 3290-F8-P

22112 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices

Hainesport Industrial states that the 1105.6(c) and exempt from historic United States submits or receives a
transaction will not result in it review under 49 CFR 1105.8(b)(1). request for the establishment of a WTO
becoming a Class I or Class II rail carrier Board decisions and notices are dispute settlement panel. Pursuant to
but that its projected annual revenues available on our website at this provision, USTR is providing notice
will exceed $5 million. Accordingly, WWW.STB.GOV. that the United States has requested a
Hainesport Industrial is required, at Decided: May 8, 2018. dispute settlement panel pursuant to the
least 60 days before this exemption is to WTO Understanding on Rules
By the Board, Scott M. Zimmerman, Acting
become effective, to send notice of the Director, Office of Proceedings. Procedures Governing the Settlement of
transaction to the national office of the Disputes (DSU). Once the WTO
Kenyatta Clay,
labor unions with employees on the establishes a dispute settlement panel,
Clearance Clerk.
affected lines, post a copy of the notice the panel will hold its meetings in
at the workplace of the employees on [FR Doc. 2018–10059 Filed 5–10–18; 8:45 am] Geneva Switzerland.
the affected lines, and certify to the BILLING CODE 4915–01–P
II. Major Issues Raised by India
Board that it has done so. 49 CFR
1150.42(e). On December 19, 2014, the WTO
Hainesport Industrial, concurrently OFFICE OF THE UNITED STATES Dispute Settlement Body (DSB) adopted
with its notice of exemption, filed a TRADE REPRESENTATIVE its recommendations and rulings in the
letter requesting waiver of the 60-day dispute United States—Countervailing
[Docket Number USTR–2018–0011; Dispute Measures on Certain Hot-Rolled Steel
advance labor notice requirement under Number WT/DS436]
§ 1150.42(e), asserting that: (1) Flat Products from India (DS436). The
Hainesport Secondary will be the entity WTO Dispute Settlement Proceeding: DSB found that certain countervailing
actually performing rail operations and United States Countervailing Measures duty measures imposed by the United
employing personnel; and (2) no on Certain Hot-Rolled Carbon Steel States on certain hot-rolled steel flat
Hainesport Industrial employees will be Flat Products From India products imported from India (C–533–
affected because Hainesport Industrial 821) were inconsistent with its
does not have any employees. AGENCY: Office of the United States obligations under the Agreement on
Hainesport Industrial’s waiver request Trade Representative. Subsidies and Countervailing Measures
will be addressed in a separate decision. ACTION: Notice with request for (SCM Agreement). The DSB
The Board will establish in the decision comments. recommended that the United States
on the waiver request the date this bring its measures into conformity with
exemption will become effective. SUMMARY: The Office of the United its obligations under the SCM
Hainesport Industrial also certifies States Trade Representative (USTR) is Agreement.
that the proposed acquisition does not providing notice that India has The U.S. Department of Commerce
involve an interchange commitment or requested the establishment of a dispute (DOC) and the U.S. International Trade
other limitation of future interchange settlement panel under the Marrakesh Commission (ITC) subsequently issued
with a third-party connecting carrier.2 Agreement Establishing the World Trade section 129 determinations. On April
If the verified notice contains false or Organization (WTO Agreement). That 28, 2016, the U.S. Trade Representative
misleading information, the exemption request may be found at www.wto.org in directed DOC to implement its
is void ab initio. Petitions to revoke the a document designated as WT/DS436/ determinations, pursuant to section 129
exemption under 49 U.S.C. 10502(d) 18. USTR invites written comments of the Uruguay Round Agreements Act
may be filed at any time. The filing of from the public concerning the issues (19 U.S.C. 3538(b)(4)). Notice of the
a petition to revoke will not raised in this dispute. completed implementation process was
automatically stay the effectiveness of DATES: Although USTR will accept any published in the Federal Register on
the exemption. Petitions for stay must comments received during the course of May 6, 2016 as Implementation of
be filed no later than May 18, 2018. the dispute settlement proceedings, you Determinations Under Section 129 of
An original and 10 copies of all should submit your comment on or the Uruguay Round Agreements Act (81
pleadings, referring to Docket No. FD before June 11, 2018 be assured of FR 27412).
36185, must be filed with the Surface timely consideration by USTR. On June 5, 2017, pursuant to an
Transportation Board, 395 E Street SW, understanding on procedures under
ADDRESSES: USTR strongly prefers
Washington, DC 20423–0001. In Articles 21 and 22 of the DSU, India
electronic submissions made through requested consultations with the United
addition, one copy of each pleading the Federal eRulemaking Portal: http://
must be served on John D. Heffner, States. You can find that at www.wto.org
www.regulations.gov. Follow the in a document designated as WT/
ClarkHillStrasburger, 1025 Connecticut instructions for submitting comments in DS436/17. The United States and India
Avenue NW, Suite 717, Washington, DC Section III below. The docket number
20036. held consultations on July 13, 2017. On
USTR–2018–0011. For alternatives to March 29, 2018, the United States
According to Hainesport Industrial,
on-line submissions, please contact received India’s request for the
this action is exempt from
Sandy McKinzy at (202) 395–9483. establishment of a panel.
environmental review under 49 CFR
FOR FURTHER INFORMATION CONTACT: In its request for the establishment of
2 The verified notice of exemption includes Assistant General Counsel Amanda Lee a panel, India alleges that the DOC and
conflicting information regarding the existence of at 202–395–9589 or Assistant General ITC section 129 determinations are not
interchange commitments. See Verified Notice of Counsel Ryan Majerus at 202–395–0380. consistent with the United States’
sradovich on DSK3GMQ082PROD with NOTICES

Exemption 7. However, in a letter filed on May 4,
2018, Hainesport Industrial certified that ‘‘there are SUPPLEMENTARY INFORMATION: obligations under Articles 1, 2, 10, 11,
no interchange commitments involved in this 12, 13, 14, 15, 19, 21, 22 and 32 of the
transaction.’’ The letter cites 49 CFR part 1180. The
I. Background SCM Agreement, as well as Article VI of
correct regulation governing disclosure of Section 127(b)(1) of the Uruguay the GATT 1994. India also alleges that
interchange agreements in this proceeding is 49
CFR 1150.43(h), but as the relevant portion of the
Round Agreements Act (URAA) (19 the United States’ failure to amend 19
regulations in parts 1150 and 1180 are identical, the U.S.C. 3537(b)(1)) requires notice and U.S.C. 1677(7)(G)(iii) is inconsistent
certification is adequate. opportunity for comment after the with Article 15 of the SCM Agreement.

VerDate Sep<11>2014 19:21 May 10, 2018 Jkt 244001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1

Document Created: 2018-11-02 09:49:35
Document Modified: 2018-11-02 09:49:35

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 June 11, 2018 be assured of timely consideration by USTR.
Contact		Assistant General Counsel Amanda Lee at 202-395-9589 or Assistant General Counsel Ryan Majerus at 202-395- 0380.
FR Citation		83 FR 22112