83_FR_38030 83 FR 37881 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Fish Fillets From Vietnam

83 FR 37881 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures on Fish Fillets From Vietnam

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 149 (August 2, 2018)

Page Range37881-37882
FR Document2018-16562

The Office of the United States Trade Representative (USTR) is providing notice that Vietnam has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement). You can find the request at www.wto.org in a document designated as WT/DS536/2. USTR invites written comments concerning the issues raised in this dispute.

Federal Register, Volume 83 Issue 149 (Thursday, August 2, 2018)
[Federal Register Volume 83, Number 149 (Thursday, August 2, 2018)]
[Notices]
[Pages 37881-37882]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16562]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0021; Dispute Number WT/DS536]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Fish Fillets From Vietnam

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 Vietnam has requested the establishment of a 
dispute settlement panel under the Marrakesh Agreement Establishing the 
World Trade Organization (WTO Agreement). You can find the request at 
www.wto.org in a document designated as WT/DS536/2. USTR invites 
written comments 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 September 4, 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 USTR-2018-0021. For alternatives to on-line submissions, please 
contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Ryan Majerus 
at Ryan_M_Majerus@ustr.eop.gov or (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 Vietnam has requested a dispute settlement panel 
pursuant to the WTO Understanding on Rules Procedures Governing the 
Settlement of Disputes (DSU). The panel established by the WTO will 
hold its meetings in Geneva, Switzerland.

II. Major Issues Raised by Vietnam

    On January 8, 2018, Vietnam requested consultations with the United 
States. You can find the consultation request at www.wto.org in a 
document designated as WT/DS536/1. The United States and Vietnam held 
consultations on March 1, 2018. On June 8, 2018, Vietnam requested the 
WTO to establish a WTO dispute settlement panel regarding the U.S. 
Department of Commerce (DOC) determinations in the following 
antidumping proceedings on Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam:
     Fifth Administrative Review and Fourth New Shipper Review: 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam (DOC 
investigation number A-552-801).
     Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Sixth Antidumping Duty Administrative Review and New Shipper 
Review (DOC investigation number A-552-801).
     Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Seventh Antidumping Duty Administrative Review (DOC 
investigation number A-552-801).
    Vietnam's request for establishment of a panel appears to be 
concerned with the alleged use of ``zeroing'', timeliness of a request 
for revocation, applying a Vietnam-wide entity rate based on facts 
available, and Section 129 of the URAA. Vietnam claims that certain 
alleged measures of the United States are not consistent with the 
United States' obligations under Articles 1, 2, 6, 9, 11, and 18 the 
WTO Agreement on Implementation of Article VI of the General Agreement 
on Tariffs and Trade 1994 (Antidumping Agreement), Articles VI and XVI 
of the GATT 1994, and Paragraph 1.2 of Part I of the Protocol on the 
Accession of the Socialist Republic of Viet Nam (Accession Protocol).

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-2018-0021 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 that contain business 
confidential information (BCI), the file name of the business 
confidential version should begin with the characters ``BC''. Any page 
containing BCI must clearly be 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 BCI also must submit a public version of their 
comments. The file name of the public version should begin with the 
character

[[Page 37882]]

``P''. Follow the ``BC'' and ``P'' with the name of the person or 
entity submitting the comments or rebuttal comments. If this is not 
sufficient to protect BCI 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 BCI, 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-2018-0021, 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 
composed, 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 composed, or in the event of an appeal from a panel, the report of 
the panel, and, if applicable, the report of the Appellate Body, also 
will 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. 2018-16562 Filed 8-1-18; 8:45 am]
 BILLING CODE 3290-F8-P



                                                                            Federal Register / Vol. 83, No. 149 / Thursday, August 2, 2018 / Notices                                           37881

                                               FOR FURTHER INFORMATION CONTACT:                        on-line submissions, please contact                   1994 (Antidumping Agreement),
                                               Jonathon Binet, (202) 245–0368. Federal                 Sandy McKinzy at (202) 395–9483.                      Articles VI and XVI of the GATT 1994,
                                               Information Relay Service (FIRS) for the                FOR FURTHER INFORMATION CONTACT:                      and Paragraph 1.2 of Part I of the
                                               hearing impaired: (800) 877–8339.                       Assistant General Counsel Ryan Majerus                Protocol on the Accession of the
                                               SUPPLEMENTARY INFORMATION:                              at Ryan_M_Majerus@ustr.eop.gov or                     Socialist Republic of Viet Nam
                                               Additional information is contained in                  (202) 395–0380.                                       (Accession Protocol).
                                               the Board’s decision, which is available                SUPPLEMENTARY INFORMATION:                            III. Public Comments: Requirements for
                                               on our website, http://www.stb.gov.                                                                           Submissions
                                               Copies of the decision may be                           I. Background
                                                                                                                                                                USTR invites written comments
                                               purchased by contacting the Office of                     Section 127(b)(1) of the Uruguay                    concerning the issues raised in this
                                               Public Assistance, Governmental                         Round Agreements Act (URAA) (19                       dispute. All submissions must be in
                                               Affairs, and Compliance at (202) 245–                   U.S.C. 3537(b)(1)) requires notice and                English and sent electronically via
                                               0238. Assistance for the hearing                        opportunity for comment after the                     www.regulations.gov.
                                               impaired is available through FIRS at                   United States submits or receives a                      To submit comments via
                                               (800) 877–8339.                                         request for the establishment of a WTO                www.regulations.gov, enter docket
                                                  This action will not significantly                   dispute settlement panel. Pursuant to                 number USTR–2018–0021 on the home
                                               affect either the quality of the human                  this provision, USTR is providing notice              page and click ‘‘search.’’ The site will
                                               environment or energy conservation.                     that Vietnam has requested a dispute                  provide a search-results page listing all
                                                 By the Board, Board Members Begeman                   settlement panel pursuant to the WTO                  documents associated with this docket.
                                               and Miller.                                             Understanding on Rules Procedures                     Find a reference to this notice by
                                                 Decided: July 27, 2018.                               Governing the Settlement of Disputes                  selecting ‘‘notice’’ under ‘‘document
                                               Andrea Pope-Matheson,                                   (DSU). The panel established by the                   type’’ on the left side of the search-
                                               Clearance Clerk.                                        WTO will hold its meetings in Geneva,                 results page, and click on the link
                                                                                                       Switzerland.                                          entitled ‘‘comment now!’’ For further
                                               [FR Doc. 2018–16624 Filed 8–1–18; 8:45 am]
                                               BILLING CODE 4915–01–P                                  II. Major Issues Raised by Vietnam                    information on using the
                                                                                                                                                             www.regulations.gov website, please
                                                                                          On January 8, 2018, Vietnam                                        consult the resources provided on the
                                                                                        requested consultations with the United                              website by clicking on ‘‘How to Use
                                               OFFICE OF THE UNITED STATES              States. You can find the consultation                                Regulations.gov’’ on the bottom of the
                                               TRADE REPRESENTATIVE                     request at www.wto.org in a document                                 home page.
                                               [Docket Number USTR–2018–0021; Dispute   designated as WT/DS536/1. The United                                    The www.regulations.gov website
                                               Number WT/DS536]                         States and Vietnam held consultations                                allows users to provide comments by
                                                                                        on March 1, 2018. On June 8, 2018,                                   filling in a ‘‘type comment’’ field, or by
                                               WTO Dispute Settlement Proceeding        Vietnam requested the WTO to establish                               attaching a document using an ‘‘upload
                                               Regarding United States—Anti-            a WTO dispute settlement panel                                       file’’ field. USTR prefers that comments
                                               Dumping Measures on Fish Fillets         regarding the U.S. Department of                                     be provided in an attached document. If
                                               From Vietnam                             Commerce (DOC) determinations in the                                 a document is attached, it is sufficient
                                                                                        following antidumping proceedings on                                 to type ‘‘see attached’’ in the ‘‘type
                                               AGENCY: Office of the United States
                                                                                        Certain Frozen Fish Fillets from the                                 comment’’ field. USTR prefers
                                               Trade Representative.
                                                                                        Socialist Republic of Vietnam:                                       submissions in Microsoft Word (.doc) or
                                               ACTION: Notice with request for            • Fifth Administrative Review and                                  Adobe Acrobat (.pdf). If the submission
                                               comments.                                Fourth New Shipper Review: Certain                                   is in an application other than those
                                               SUMMARY: The Office of the United
                                                                                        Frozen Fish Fillets from the Socialist                               two, please indicate the name of the
                                               States Trade Representative (USTR) is    Republic of Vietnam (DOC investigation                               application in the ‘‘type comment’’
                                               providing notice that Vietnam has        number A–552–801).                                                   field.
                                               requested the establishment of a dispute   • Certain Frozen Fish Fillets from the                                For any comments submitted
                                               settlement panel under the Marrakesh     Socialist Republic of Vietnam: Sixth                                 electronically that contain business
                                               Agreement Establishing the World Trade Antidumping Duty Administrative                                        confidential information (BCI), the file
                                               Organization (WTO Agreement). You        Review and New Shipper Review (DOC                                   name of the business confidential
                                               can find the request at www.wto.org in   investigation number A–552–801).                                     version should begin with the characters
                                               a document designated as WT/DS536/2.       • Certain Frozen Fish Fillets from the                             ‘‘BC’’. Any page containing BCI must
                                               USTR invites written comments            Socialist Republic of Vietnam: Seventh                               clearly be marked ‘‘BUSINESS
                                               concerning the issues raised in this     Antidumping Duty Administrative                                      CONFIDENTIAL’’ on the top and bottom
                                               dispute.                                 Review (DOC investigation number A–                                  of that page and the submission should
                                                                                        552–801).                                                            clearly indicate, via brackets,
                                               DATES: Although USTR will accept any       Vietnam’s request for establishment of                             highlighting, or other means, the
                                               comments during the course of the        a panel appears to be concerned with                                 specific information that is business
                                               dispute settlement proceedings, you      the alleged use of ‘‘zeroing’’, timeliness                           confidential. If you request business
                                               should submit your comment on or         of a request for revocation, applying a                              confidential treatment, you must certify
                                               before September 4, 2018, to be assured  Vietnam-wide entity rate based on facts                              in writing that disclosure of the
                                               of timely consideration by USTR.         available, and Section 129 of the URAA.                              information would endanger trade
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                                               ADDRESSES: USTR strongly prefers         Vietnam claims that certain alleged                                  secrets or profitability, and that the
                                               electronic submissions made through      measures of the United States are not                                information would not customarily be
                                               the Federal eRulemaking Portal: http://  consistent with the United States’                                   released to the public. Filers of
                                               www.regulations.gov. Follow the          obligations under Articles 1, 2, 6, 9, 11,                           submissions containing BCI also must
                                               instructions for submitting comments in and 18 the WTO Agreement on                                           submit a public version of their
                                               Section III below. The docket number     Implementation of Article VI of the                                  comments. The file name of the public
                                               USTR–2018–0021. For alternatives to      General Agreement on Tariffs and Trade                               version should begin with the character


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                                               37882                        Federal Register / Vol. 83, No. 149 / Thursday, August 2, 2018 / Notices

                                               ‘‘P’’. Follow the ‘‘BC’’ and ‘‘P’’ with the             from specified requirements of Federal                  Issued in Washington, DC, July 27, 2018.
                                               name of the person or entity submitting                 Aviation Regulations. The purpose of                  Dale Bouffiou,
                                               the comments or rebuttal comments. If                   this notice is to improve the public’s                Deputy Executive Director, Office of
                                               this is not sufficient to protect BCI or                awareness of, and participation in, the               Rulemaking.
                                               otherwise protect business interests,                   FAA’s exemption process. Neither
                                                                                                                                                             Petition for Exemption
                                               please contact Sandy McKinzy at (202)                   publication of this notice nor the
                                               395–9483 to discuss whether alternative                 inclusion or omission of information in                  Docket No.: FAA–2018–0472.
                                               arrangements are possible.                              the summary is intended to affect the                    Petitioner: Honeywell Aerospace.
                                                  USTR may determine that information                  legal status of the petition or its final                Section(s) of 14 CFR Affected:
                                               or advice contained in a comment, other                 disposition.                                          § 21.303(b)(3).
                                               than BCI, is confidential in accordance                                                                          Description of Relief Sought:
                                               with section 135(g)(2) of the Trade Act                 DATES: Comments on this petition must                 Honeywell Aerospace (Honeywell)
                                               of 1974 (19 U.S.C. 2155(g)(2)). If a                    identify the petition docket number and               petitioned the Federal Aviation
                                               submitter believes that information or                  must be received on or before August 7,               Administration for an exemption from
                                               advice is confidential, s/he must clearly               2018.                                                 § 21.303(b)(3) of Title 14, Code of
                                               designate the information or advice as                                                                        Federal Regulations (CFR). The
                                                                                                       ADDRESSES:   Send comments identified                 proposed exemption, if granted, would
                                               confidential and mark it as                             by docket number FAA–2018–0472
                                               ‘‘SUBMITTED IN CONFIDENCE’’ at the                                                                            allow Honeywell to add articles from
                                                                                                       using any of the following methods:                   the Civil Aviation Administration of
                                               top and bottom of the cover page and
                                               each succeeding page, and provide a                       • Federal eRulemaking Portal: Go to                 China (CAAC), approved supplemental
                                               non-confidential summary of the                         http://www.regulations.gov and follow                 type certificate to its existing parts
                                               information or advice.                                  the online instructions for sending your              manufacture approval issued by the
                                                  Pursuant to section 127(e) of the                    comments electronically.                              Federal Aviation Administration under
                                               URAA (19 U.S.C. 3537(e)), USTR will                       • Mail: Send comments to Docket                     14 CFR Subpart K.
                                               maintain a docket on this dispute                       Operations, M–30; U.S. Department of                  [FR Doc. 2018–16554 Filed 8–1–18; 8:45 am]
                                               settlement proceeding, docket number                    Transportation (DOT), 1200 New Jersey                 BILLING CODE 4910–13–P
                                               USTR–2018–0021, accessible to the                       Avenue SE, Room W12–140, West
                                               public at www.regulations.gov. The                      Building Ground Floor, Washington, DC
                                               public file will include non-confidential               20590–0001.                                           DEPARTMENT OF TRANSPORTATION
                                               public comments USTR receives                             • Hand Delivery or Courier: Take
                                               regarding the dispute. If a dispute                                                                           Federal Highway Administration
                                                                                                       comments to Docket Operations in
                                               settlement panel is composed, or in the                 Room W12–140 of the West Building                     Notice of Final Federal Agency Actions
                                               event of an appeal from a panel, USTR                   Ground Floor at 1200 New Jersey                       on Proposed Highway in California
                                               will make the following documents                       Avenue SE, Washington, DC, between 9
                                               publicly available at www.ustr.gov: the                 a.m. and 5 p.m., Monday through                       AGENCY:  Federal Highway
                                               U.S. submissions and any non-                           Friday, except Federal holidays.                      Administration (FHWA), DOT.
                                               confidential summaries of submissions                                                                         ACTION: Notice of limitation on claims
                                               received from other participants in the                   • Fax: Fax comments to Docket
                                                                                                                                                             for judicial review of actions by the
                                               dispute. If a dispute settlement panel is               Operations at 202–493–2251.
                                                                                                                                                             California Department of Transportation
                                               composed, or in the event of an appeal                    Privacy: In accordance with 5 U.S.C.                (Caltrans).
                                               from a panel, the report of the panel,                  553(c), DOT solicits comments from the
                                               and, if applicable, the report of the                   public to better inform its rulemaking                SUMMARY:    The FHWA, on behalf of
                                               Appellate Body, also will be available                  process. DOT posts these comments,                    Caltrans, is issuing this notice to
                                               on the website of the World Trade                       without edit, including any personal                  announce actions taken by Caltrans that
                                               Organization, at www.wto.org.                           information the commenter provides, to                are final. The actions relate to a
                                                                                                       http://www.regulations.gov, as                        proposed highway project, the State
                                               Juan Millan,
                                                                                                       described in the system of records                    Route 84 (SR 84) Expressway Widening
                                               Assistant United States Trade Representative                                                                  and SR 84/Interchange 680 (I–680)
                                               for Monitoring and Enforcement, Office of
                                                                                                       notice (DOT/ALL–14 FDMS), which can
                                                                                                       be reviewed at http://www.dot.gov/                    Interchange Improvements Project from
                                               the U.S. Trade Representative.
                                                                                                       privacy.                                              post miles 17.9 to 22.9 on SR 84 and
                                               [FR Doc. 2018–16562 Filed 8–1–18; 8:45 am]
                                                                                                                                                             from post miles 10.3 to 15.3 on I–680 in
                                               BILLING CODE 3290–F8–P                                    Docket: Background documents or
                                                                                                                                                             the County of Alameda, State of
                                                                                                       comments received may be read at
                                                                                                                                                             California. Those actions grant licenses,
                                                                                                       http://www.regulations.gov at any time.
                                                                                                                                                             permits, and approvals for the project.
                                               DEPARTMENT OF TRANSPORTATION                            Follow the online instructions for
                                                                                                       accessing the docket or go to the Docket              DATES: By this notice, the FHWA, on
                                               Federal Aviation Administration                         Operations in Room W12–140 of the                     behalf of Caltrans, is advising the public
                                                                                                       West Building Ground Floor at 1200                    of final agency actions subject to 23
                                               [Summary Notice No. 2018–11]                                                                                  U.S.C. 139(l)(1). A claim seeking
                                                                                                       New Jersey Avenue SE, Washington,
                                                                                                       DC, between 9 a.m. and 5 p.m., Monday                 judicial review of the Federal agency
                                               Petition for Exemption; Summary of                                                                            actions on the highway project will be
                                               Petition Received; Honeywell                            through Friday, except Federal holidays.
                                                                                                                                                             barred unless the claim is filed on or
daltland on DSKBBV9HB2PROD with NOTICES




                                               Aerospace                                               FOR FURTHER INFORMATION CONTACT:                      before December 31, 2018. If the Federal
                                               AGENCY: Federal Aviation                                A.W. Pendergrass (202) 267–4713,                      law that authorizes judicial review of a
                                               Administration (FAA), DOT.                              Office of Rulemaking, Federal Aviation                claim provides a time period of less
                                                                                                       Administration, 800 Independence                      than 150 days for filing such claim, then
                                               ACTION: Notice.
                                                                                                       Avenue SW, Washington, DC 20591.                      that shorter time period still applies.
                                               SUMMARY:This notice contains a                            This notice is published pursuant to                FOR FURTHER INFORMATION CONTACT: For
                                               summary of a petition seeking relief                    14 CFR 11.85.                                         Caltrans: Brian Gassner, Environmental


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Document Created: 2018-08-02 01:29:24
Document Modified: 2018-08-02 01:29:24
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 September 4, 2018, to be assured of timely consideration by USTR.
ContactAssistant General Counsel Ryan Majerus at [email protected] or (202) 395-0380.
FR Citation83 FR 37881 

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