83_FR_28423 83 FR 28306 - WTO Dispute Settlement Proceeding Regarding India-Export Related Measures

83 FR 28306 - WTO Dispute Settlement Proceeding Regarding India-Export Related Measures

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 117 (June 18, 2018)

Page Range28306-28307
FR Document2018-12967

The Office of the United States Trade Representative (USTR) is providing notice that the United States 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/DS541/4. USTR invites written comments from the public concerning the issues raised in this dispute.

Federal Register, Volume 83 Issue 117 (Monday, June 18, 2018)
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28306-28307]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12967]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0004; Dispute Number WT/DS541]


WTO Dispute Settlement Proceeding Regarding India--Export Related 
Measures

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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

SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that the United States 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/DS541/4. 
USTR invites written comments from the public concerning the issues 
raised in this dispute.

DATES: Although USTR will accept any comments during the course of the 
dispute settlement proceedings, you should submit your comment on or 
before July 2, 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-2018-0004. For alternatives to on-line submissions, 
please contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Assistant General Counsels Ross 
Bidlingmaier (202) 395-9409 or David Lee (202) 395-9511.

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). The panel will hold its 
meetings in Geneva, Switzerland.

II. Major Issues Raised by the United States

    On March 14, 2018, the United States requested consultations 
concerning certain Indian export subsidies provided through: (1) The 
Export Oriented Units Scheme and sector specific schemes, including 
Electronics Hardware Technology Parks Scheme, (2) the Merchandise 
Exports from India Scheme, (3) the Export Promotion Capital Goods 
Scheme, (4) Special Economic Zones, and (5) a duty-free imports for 
exporters program. The parties failed to reach a mutually satisfactory 
resolution to this dispute. On May 17, 2018, the United States 
requested the establishment of a panel. The Dispute Settlement Body 
considered this request at its meeting of May 28, 2018, and established 
a panel to consider this dispute.
    The United States alleges that India is providing prohibited export 
subsidies contrary to Articles 3.1(a) and 3.2 of the Agreement on 
Subsidies and Countervailing Measures.

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-2018-0004 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 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 comments or rebuttal comments. If 
this is 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 URAA (19 U.S.C. 3537(e)), USTR 
will maintain a docket on this dispute settlement proceeding, docket 
number USTR-2018-0004, 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

[[Page 28307]]

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. 2018-12967 Filed 6-15-18; 8:45 am]
 BILLING CODE 3290-F8-P



                                              28306                          Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices

                                              function as a small business investment                 U.S.C. 3537(b)(1)) requires notice and                 be provided in an attached document. If
                                              company under the Small Business                        opportunity for comment after the                      a document is attached, it is sufficient
                                              Investment Company License No.                          United States submits or receives a                    to type ‘‘see attached’’ in the ‘‘type
                                              07/07–0114 issued to MidStates Capital                  request for the establishment of a WTO                 comment’’ field. USTR prefers
                                              Fund II, L.P., said license is hereby                   dispute settlement panel. Pursuant to                  submissions in Microsoft Word (.doc) or
                                              declared null and void.                                 this provision, USTR is providing notice               Adobe Acrobat (.pdf). If the submission
                                              United States Small Business                            that the United States has requested a                 is in an application other than those
                                              Administration.                                         dispute settlement panel pursuant to the               two, please indicate the name of the
                                                Dated: April 27, 2018.                                WTO Understanding on Rules                             application in the ‘‘type comment’’
                                                                                                      Procedures Governing the Settlement of                 field.
                                              A. Joseph Shepard,
                                                                                                      Disputes (DSU). The panel will hold its                   For any comments submitted
                                              Associate Administrator for Investment and              meetings in Geneva, Switzerland.                       electronically containing business
                                              Innovation.
                                                                                                                                                             confidential information, the file name
                                              [FR Doc. 2018–13102 Filed 6–15–18; 8:45 am]             II. Major Issues Raised by the United                  of the business confidential version
                                              BILLING CODE P                                          States                                                 should begin with the characters ‘‘BC’’.
                                                                                                         On March 14, 2018, the United States                Any page containing business
                                                                                                      requested consultations concerning                     confidential information must be clearly
                                              OFFICE OF THE UNITED STATES                             certain Indian export subsidies provided               marked ‘‘BUSINESS CONFIDENTIAL’’
                                              TRADE REPRESENTATIVE                                    through: (1) The Export Oriented Units                 on the top and bottom of that page and
                                                                                                      Scheme and sector specific schemes,                    the submission should clearly indicate,
                                              [Docket Number USTR–2018–0004; Dispute                  including Electronics Hardware
                                              Number WT/DS541]
                                                                                                                                                             via brackets, highlighting, or other
                                                                                                      Technology Parks Scheme, (2) the                       means, the specific information that is
                                              WTO Dispute Settlement Proceeding                       Merchandise Exports from India                         business confidential. If you request
                                              Regarding India—Export Related                          Scheme, (3) the Export Promotion                       business confidential treatment, you
                                              Measures                                                Capital Goods Scheme, (4) Special                      must certify in writing that disclosure of
                                                                                                      Economic Zones, and (5) a duty-free                    the information would endanger trade
                                              AGENCY: Office of the United States                     imports for exporters program. The                     secrets or profitability, and that the
                                              Trade Representative.                                   parties failed to reach a mutually                     information would not customarily be
                                              ACTION: Notice with request for                         satisfactory resolution to this dispute.               released to the public. Filers of
                                              comments.                                               On May 17, 2018, the United States                     submissions containing business
                                                                                                      requested the establishment of a panel.                confidential information also must
                                              SUMMARY:   The Office of the United                     The Dispute Settlement Body                            submit a public version of their
                                              States Trade Representative (USTR) is                   considered this request at its meeting of              comments. The file name of the public
                                              providing notice that the United States                 May 28, 2018, and established a panel                  version should begin with the character
                                              has requested the establishment of a                    to consider this dispute.                              ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be
                                              dispute settlement panel under the                         The United States alleges that India is             followed by the name of the person or
                                              Marrakesh Agreement Establishing the                    providing prohibited export subsidies                  entity submitting the comments or
                                              World Trade Organization (WTO                           contrary to Articles 3.1(a) and 3.2 of the             rebuttal comments. If this is not
                                              Agreement). That request may be found                   Agreement on Subsidies and                             sufficient to protect business
                                              at www.wto.org in a document                            Countervailing Measures.                               confidential information or otherwise
                                              designated as WT/DS541/4. USTR                                                                                 protect business interests, please contact
                                                                                                      III. Public Comments: Requirements for
                                              invites written comments from the                                                                              Sandy McKinzy at (202) 395–9483 to
                                                                                                      Submissions
                                              public concerning the issues raised in                                                                         discuss whether alternative
                                              this dispute.                                              USTR invites written comments                       arrangements are possible.
                                              DATES: Although USTR will accept any
                                                                                                      concerning the issues raised in this                      USTR may determine that information
                                              comments during the course of the                       dispute. All submissions must be in                    or advice contained in a comment, other
                                              dispute settlement proceedings, you                     English and sent electronically via                    than business confidential information,
                                              should submit your comment on or                        www.regulations.gov. To submit                         is confidential in accordance with
                                              before July 2, 2018, to be assured of                   comments via www.regulations.gov,                      section 135(g)(2) of the Trade Act of
                                              timely consideration by USTR.                           enter docket number USTR–2018–0004                     1974 (19 U.S.C. 2155(g)(2)). If a
                                                                                                      on the home page and click ‘‘search.’’                 submitter believes that information or
                                              ADDRESSES: USTR strongly prefers
                                                                                                      The site will provide a search-results                 advice is confidential, s/he must clearly
                                              electronic submissions made through                     page listing all documents associated                  designate the information or advice as
                                              the Federal eRulemaking Portal: http://                 with this docket. Find a reference to this             confidential and mark it as
                                              www.regulations.gov. Follow the                         notice by selecting ‘‘notice’’ under                   ‘‘SUBMITTED IN CONFIDENCE’’ at the
                                              instructions for submitting comments in                 ‘‘document type’’ on the left side of the              top and bottom of the cover page and
                                              Section III below. The docket number is                 search-results page, and click on the                  each succeeding page, and provide a
                                              USTR–2018–0004. For alternatives to                     link entitled ‘‘comment now!’’ For                     non-confidential summary of the
                                              on-line submissions, please contact                     further information on using the                       information or advice.
                                              Sandy McKinzy at (202) 395–9483.                        www.regulations.gov website, please                       Pursuant to Section 127(e) of the
                                              FOR FURTHER INFORMATION CONTACT:                        consult the resources provided on the                  URAA (19 U.S.C. 3537(e)), USTR will
                                              Assistant General Counsels Ross                         website by clicking on ‘‘How to Use                    maintain a docket on this dispute
amozie on DSK3GDR082PROD with NOTICES1




                                              Bidlingmaier (202) 395–9409 or David                    Regulations.gov’’ on the bottom of the                 settlement proceeding, docket number
                                              Lee (202) 395–9511.                                     home page.                                             USTR–2018–0004, accessible to the
                                              SUPPLEMENTARY INFORMATION:                                 The www.regulations.gov website                     public at www.regulations.gov. The
                                                                                                      allows users to provide comments by                    public file will include non-confidential
                                              I. Background                                           filling in a ‘‘type comment’’ field, or by             public comments USTR receives
                                                Section 127(b)(1) of the Uruguay                      attaching a document using an ‘‘upload                 regarding the dispute. If a dispute
                                              Round Agreements Act (URAA) (19                         file’’ field. USTR prefers that comments               settlement panel is convened, or in the


                                         VerDate Sep<11>2014   18:00 Jun 15, 2018   Jkt 244001   PO 00000   Frm 00125   Fmt 4703   Sfmt 4703   E:\FR\FM\18JNN1.SGM   18JNN1


                                                                             Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices                                            28307

                                              event of an appeal from a panel, USTR                   commercial motor vehicle (CMV)                         ACTION:Notice of renewal of
                                              will make the following documents                       drivers.                                               exemptions; request for comments.
                                              publicly available at www.ustr.gov: The                   Old Dominion applied for an
                                              U.S. submissions and any non-                                                                                  SUMMARY:   FMCSA announces its
                                                                                                      exemption from the ELD requirements                    decision to renew exemptions for 86
                                              confidential summaries of submissions                   to allow the company to install ELD
                                              received from other participants in the                                                                        individuals from the vision requirement
                                                                                                      devices running on automatic on-board                  in the Federal Motor Carrier Safety
                                              dispute. If a dispute settlement panel is               recording device (AOBRD) software in
                                              convened, or in the event of an appeal                                                                         Regulations (FMCSRs) for interstate
                                                                                                      CMVs added to the company’s fleet for                  commercial motor vehicle (CMV)
                                              from a panel, the report of the panel,                  up to one year from the December 18,
                                              and, if applicable, the report of the                                                                          drivers. The exemptions enable these
                                                                                                      2017, ELD mandate compliance date. If                  individuals to continue to operate CMVs
                                              Appellate Body, will also be available                  granted, this modified ELD phase-in                    in interstate commerce without meeting
                                              on the website of the World Trade                       period would have allowed Old                          the vision requirements in one eye.
                                              Organization, at www.wto.org.                           Dominion’s AORBD/ELD provider,                         DATES: Each group of renewed
                                              Juan Millan,                                            PeopleNet, to complete the development                 exemptions were applicable on the
                                              Assistant United States Trade Representative            of the software necessary to integrate                 dates stated in the discussions below
                                              for Monitoring and Enforcement, Office of               ELD data with the company’s fleet                      and will expire on the dates stated in
                                              the U.S. Trade Representative.                          management and safety systems to fully                 the discussions below. Comments must
                                              [FR Doc. 2018–12967 Filed 6–15–18; 8:45 am]             meet the ELD mandate. FMCSA                            be received on or before July 18, 2018.
                                              BILLING CODE 3290–F8–P                                  considered the request to be on behalf                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                      of all motor carriers in similar situations            Christine A. Hydock, Chief, Medical
                                                                                                      concerning the integration of                          Programs Division, 202–366–4001,
                                              DEPARTMENT OF TRANSPORTATION                            PeopleNet’s ELD software into fleet                    fmcsamedical@dot.gov, FMCSA,
                                                                                                      management systems. On January 31,                     Department of Transportation, 1200
                                              Federal Motor Carrier Safety                            2018, FMCSA published a Federal                        New Jersey Avenue SE, Room W64–224,
                                              Administration                                          Register notice of Old Dominion’s                      Washington, DC 20590–0001. Office
                                                                                                      application for exemption and asked for                hours are from 8:30 a.m. to 5 p.m., e.t.,
                                              [Docket No. FMCSA–2018–0002]
                                                                                                      public comment (83 FR 4548). On                        Monday through Friday, except Federal
                                              Hours of Service of Drivers: Electronic                 March 12, 2018, by letter, Old Dominion                holidays. If you have questions
                                              Logging Devices; Application for                        asked to withdraw its application for the              regarding viewing or submitting
                                              Exemption; Old Dominion and Other                       requested exemption. The letter of                     material to the docket, contact Docket
                                              Motor Carriers Experiencing Problems                    withdrawal is in the docket for this                   Services, telephone (202) 366–9826.
                                              Integrating PeopleNet ELD System                        notice. The Agency accordingly accepts                 ADDRESSES: You may submit comments
                                              Updates Into Their Fleet Management                     Old Dominion’s request to withdraw its                 bearing the Federal Docket Management
                                              Systems                                                 application and closes the docket of this              System (FDMS) Docket No. FMCSA–
                                                                                                      matter.                                                1998–4334; FMCSA–1999–5578;
                                              AGENCY:  Federal Motor Carrier Safety                     Issued on: June 11, 2018.                            FMCSA–2000–8398; FMCSA–2001–
                                              Administration (FMCSA), DOT.
                                                                                                      Larry W. Minor,                                        9561; FMCSA–2003–14504; FMCSA–
                                              ACTION: Notice of withdrawal of                                                                                2003–14504; FMCSA–2003–15268;
                                                                                                      Associate Administrator for Policy.
                                              application for exemption.                                                                                     FMCSA–2005–20560; FMCSA–2005–
                                                                                                      [FR Doc. 2018–12986 Filed 6–15–18; 8:45 am]
                                              SUMMARY:   FMCSA announces that it has                  BILLING CODE 4910–EX–P
                                                                                                                                                             21254; FMCSA–2007–27333; FMCSA–
                                              accepted the request of Old Dominion                                                                           2007–27515; FMCSA–2007–27897;
                                              Freight Line Inc. (Old Dominion) to                                                                            FMCSA–2007–28695; FMCSA–2008–
                                              withdraw its application for an                         DEPARTMENT OF TRANSPORTATION                           0121; FMCSA–2009–0154; FMCSA–
                                              exemption from the Agency’s electronic                                                                         2011–0092; FMCSA–2011–0124;
                                              logging device (ELD) requirements. Old                  Federal Motor Carrier Safety                           FMCSA–2011–0140; FMCSA–2011–
                                              Dominion no longer needs the                            Administration                                         0141; FMCSA–2013–0027; FMCSA–
                                              exemption.                                                                                                     2013–0028; FMCSA–2013–0029;
                                                                                                      [Docket No. FMCSA–1998–4334; FMCSA–                    FMCSA–2013–0030; FMCSA–2014–
                                              FOR FURTHER INFORMATION CONTACT: For                                                                           0007; FMCSA–2014–0300; FMCSA–
                                                                                                      1999–5578; FMCSA–2000–8398; FMCSA–
                                              information concerning this notice,                                                                            2014–0304; FMCSA–2015–0048;
                                                                                                      2001–9561; FMCSA–2003–14504; FMCSA–
                                              contact Mr. Tom Yager, Chief, FMCSA                     2003–14504; FMCSA–2003–15268; FMCSA–                   FMCSA–2015–0052; FMCSA–2015–
                                              Driver and Carrier Operations Division;                 2005–20560; FMCSA–2005–21254; FMCSA–                   0053; FMCSA–2015–0055 using any of
                                              Office of Carrier, Driver and Vehicle                   2007–27333; FMCSA–2007–27515; FMCSA–                   the following methods:
                                              Safety Standards; Telephone: 614–942–                   2007–27897; FMCSA–2007–28695; FMCSA–                     • Federal eRulemaking Portal: Go to
                                              6477. Email: MCPSD@dot.gov.                             2008–0121; FMCSA–2009–0154; FMCSA–                     http://www.regulations.gov. Follow the
                                              SUPPLEMENTARY INFORMATION:                              2011–0092; FMCSA–2011–0124; FMCSA–                     online instructions for submitting
                                                                                                      2011–0140; FMCSA–2011–0141; FMCSA–                     comments.
                                              Background                                              2013–0027; FMCSA–2013–0028; FMCSA–                       • Mail: Docket Management Facility;
                                                 Old Dominion, USDOT 90849, reports                   2013–0029; FMCSA–2013–0030; FMCSA–
                                                                                                                                                             U.S. Department of Transportation, 1200
                                                                                                      2014–0007; FMCSA–2014–0300; FMCSA–
                                              that it is an interstate motor carrier                                                                         New Jersey Avenue SE, West Building
                                                                                                      2014–0304; FMCSA–2015–0048; FMCSA–
                                              based in North Carolina with 228                                                                               Ground Floor, Room W12–140,
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      2015–0052; FMCSA–2015–0053; FMCSA–
                                              Service Centers located throughout the                  2015–0055]                                             Washington, DC 20590–0001.
                                              country. Its operations cover the entire                                                                         • Hand Delivery: West Building
                                              continental United States. The company                  Qualification of Drivers; Exemption                    Ground Floor, Room W12–140, 1200
                                              is one of the largest less-than-truckload               Applications; Vision                                   New Jersey Avenue SE, Washington,
                                              carriers in the country, operating a fleet                                                                     DC, between 9 a.m. and 5 p.m., e.t.,
                                              of more than 8,500 power units and                      AGENCY:Federal Motor Carrier Safety                    Monday through Friday, except Federal
                                              employing more than 10,100                              Administration (FMCSA), DOT.                           Holidays.


                                         VerDate Sep<11>2014   18:00 Jun 15, 2018   Jkt 244001   PO 00000   Frm 00126   Fmt 4703   Sfmt 4703   E:\FR\FM\18JNN1.SGM   18JNN1



Document Created: 2018-06-18 15:51:03
Document Modified: 2018-06-18 15:51:03
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 with request for comments.
DatesAlthough USTR will accept any comments during the course of the dispute settlement proceedings, you should submit your comment on or before July 2, 2018, to be assured of timely consideration by USTR.
ContactAssistant General Counsels Ross Bidlingmaier (202) 395-9409 or David Lee (202) 395-9511.
FR Citation83 FR 28306 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR