[Federal Register: June 9, 2006 (Volume 71, Number 111)]
[Notices]
[Page 33495-33496]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn06-101]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS343]
WTO Dispute Settlement Proceeding Regarding United States--
Antidumping Measures on Shrimp From Thailand
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that on April 24, 2006, Thailand
requested consultations with the United States under the Marrakesh
Agreement Establishing the World Trade Organization (``WTO Agreement'')
concerning certain issues relating to the imposition of antidumping
measures on shrimp from Thailand. That request may be found at http://www.wto.org
contained in a document designated as WT/DS343/1. USTR
invites written comments from the public concerning the issues raised
in this dispute.
DATES: Although USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted on or before June 30, 2006 to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0619@ustr.eop.gov, Attn: ``Thailand Shrimp Zeroing/Bond Dispute
(DS343)'' in the subject line, or (ii) by fax, to Sandy McKinzy at
(202) 395-3640. For documents sent by fax, USTR requests that the
submitter provide a confirmation copy to the electronic mail address
listed above.
FOR FURTHER INFORMATION CONTACT: Elissa Alben, Assistant General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-9622.
SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round
Agreements Act (``URAA'') (19 U.S.C. 3537(b)(1)) requires that notice
and opportunity for comment be provided after the United States submits
or receives a request for the establishment of a WTO dispute settlement
panel. In an effort to provide additional opportunity for comment, USTR
is providing notice that consultations have been requested pursuant to
the WTO Understanding on Rules and Procedures Governing the Settlement
of Disputes (``DSU''). If such consultations should fail to resolve the
matter and a dispute settlement panel is established pursuant to the
DSU, such panel, which would hold its meetings in Geneva,
[[Page 33496]]
Switzerland, would be expected to issue a report on its findings and
recommendations within nine months after it is established.
Major Issues Raised by Thailand
On August 4, 2004, the Department of Commerce published in the
Federal Register notice of its affirmative preliminary less-than-fair-
value (``LTFV'') determination in an investigation concerning certain
frozen and canned warm water shrimp from Thailand (69 FR 47,100). On
December 23, 2004, the Department of Commerce published notice of its
affirmative final LTFV determination (69 FR 76,918), and on February 1,
2005, the Department of Commerce published an amended final LTFV
determination, along with an antidumping duty order, covering only
certain frozen warm water shrimp from Thailand (70 FR 5145). The latter
notice contains the final margins of LTFV sales, as provided in section
733 of the Tariff Act of 1930, as amended.
In its request for consultations, Thailand alleges that the United
States ``through its use of `zeroing' * * * failed to make a fair
comparison between the export price and the normal value, and
calculated distorted margins of dumping,'' and therefore violated
Articles 1, 2.1, 2.4, 2.4.2, 3.1, 3.2, 3.3, 3.4, 3.5, 5.8, 9.2 and 9.3
of the AD Agreement. In addition, Thailand alleges that the United
States has imposed on importers a requirement to maintain a continuous
entry bond in the amount of the anti-dumping duty margin multiplied by
the value of imports of frozen warmwater shrimp imported by the
importer in the preceding year, and that the continuous bond
requirement and its application to goods subject to the order
``constitute specific action against dumping not in accordance with''
Article VI:2 of the General Agreement on Tariffs and Trade 1994 (``GATT
1994'') and its Ad Article, as well as Articles 2, 7.1, 7.2, 7.5, 9.2,
and 9.3 of the AD Agreement. Thailand also states that the continuous
bond requirement as such and its application to imports of frozen
warmwater shrimp from Thailand may be inconsistent with Articles I:1,
II, III, XI:1 and XIII:1, and may not be justified under Article XX(d),
of the GATT 1994.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit their
comments either (i) electronically, to FR0619@ustr.eop.gov, Attn:
``Thailand Shrimp Zeroing/Bond Dispute (DS343)'' in the subject line,
or (ii) by fax to Sandy McKinzy at (202) 395-3640. For documents sent
by fax, USTR requests that the submitter provide a confirmation copy to
the electronic mail address listed above.
USTR encourages the submission of documents in Adobe PDF format, as
attachments to an electronic mail. Interested persons who make
submissions by electronic mail should not provide separate cover
letters; information that might appear in a cover letter should be
included in the submission itself. Similarly, to the extent possible,
any attachments to the submission should be included in the same file
as the submission itself, and not as separate files.
A person requesting that information contained in a comment
submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Confidential business information must be clearly designated as such
and the submission must be marked ``Business Confidential'' at the top
and bottom of the cover page and each succeeding page.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by USTR to be
confidential in accordance with section 135(g)(2) of the Trade Act of
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information
or advice may qualify as such, the submitter--
(1) Must clearly so designate the information or advice;
(2) Must clearly mark the material as ``Submitted in Confidence''
at the top and bottom of the cover page and each succeeding page; and
(3) Is encouraged to 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 file on this dispute settlement proceeding, accessible
to the public, in the USTR Reading Room, which is located at 1724 F
Street, NW., Washington, DC 20508. The public file will include non-
confidential comments received by USTR from the public with respect to
the dispute; if a dispute settlement panel is convened, the U.S.
submissions to that panel, the submissions, or non-confidential
summaries of submissions, to the panel received from other participants
in the dispute, as well as the report of the panel; and, if applicable,
the report of the Appellate Body. An appointment to review the public
file (Docket No. WT/DS-343, Thailand Shrimp Zeroing/Bond Dispute) may
be made by calling the USTR Reading Room at (202) 395-6186. The USTR
Reading Room is open to the public from 9:30 a.m. to noon and 1 p.m. to
4 p.m., Monday through Friday.
Daniel Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E6-9034 Filed 6-8-06; 8:45 am]
BILLING CODE 3190-W6-P