Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8177 

Room 1205, to discuss declassification 

and transfer of Department of State 

records to the National Archives and 

Records Administration and the status 

of the Foreign Relations series. The 

remainder of the Committee’s sessions 

from 2:45 p.m. until 5 p.m. on Monday, 

March 1, 2010 and 9 a.m. until 12 p.m. 

on Tuesday, March 2, 2010, will be 

closed in accordance with Section 10(d) 

of the Federal Advisory Committee Act 

(Pub. L. 92–463). The agenda calls for 

discussions of agency declassification 

decisions concerning the Foreign 

Relations series and other 

declassification issues. These are 

matters properly classified and not 

subject to public disclosure under 5 

U.S.C. 552b(c)(1) and the public interest 

requires that such activities be withheld 

from disclosure. Questions concerning 

the meeting should be directed to 

Ambassador Edward Brynn, Executive 

Secretary, Advisory Committee on 

Historical Diplomatic Documentation, 

Department of State, Office of the 

Historian, Washington, DC, 20520, 

telephone (202) 663–1123, (e-mail 

history@state.gov). 

In accordance with 41 CFR 102– 

3.150(b), the Department finds 

exceptional circumstances for giving 

less than 15 calendar days notice. The 

meeting must be held on March 1–2 due 

to the availability of the members of the 

Advisory Committee; however, 

publication of the notice was delayed 

because of unforeseen and exceptional 

weather emergencies that necessitated 

closing Federal offices or curtailing 

government activities for a significant 

period of time in Washington DC, 

including at the Department of State and 

the Office of the Federal Register. 

Dated: February 16, 2010. 

Edward Brynn, 

Executive Secretary, Department of State. 

[FR Doc. 2010–3564 Filed 2–22–10; 8:45 am] 

BILLING CODE 4710–11–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. WTO/DS404] 

WTO Dispute Settlement Proceeding 

Regarding United States—AntiDumping Measures on Certain Shrimp 

From Viet Nam 

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 February 1, 

2010, the Socialist Republic of Vietnam 

(‘‘Vietnam’’) requested consultations 

with the United States under the 

Marrakesh Agreement Establishing the 

World Trade Organization (‘‘WTO 

Agreement’’) concerning a number of 

antidumping administrative reviews 

and new shipper reviews conducted by 

the Department of Commerce on 

imports of certain frozen warmwater 

shrimp from Vietnam (Investigation A– 

552–801), and various U.S. laws, 

regulations, administrative procedures, 

practices, and methodologies. That 

request may be found at http:// 

www.wto.org contained in a document 

designated as WT/DS404/1. 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 March 15, 2010 to be assured of 

timely consideration by USTR. 

ADDRESSES: Public comments should be 

submitted electronically to http:// 

www.regulations.gov, docket number 

USTR–2010–0008. If you are unable to 

submit comments using http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 395–9483 to 

arrange for an alternative method of 

transmission. If (as explained below) the 

comments contain confidential 

information, then the comments should 

be submitted by fax only to Sandy 

McKinzy at (202) 395–3640. 

FOR FURTHER INFORMATION CONTACT: J. 

Daniel Stirk, Associate General Counsel, 

Office of the United States Trade 

Representative, 600 17th Street, NW., 

Washington, DC 20508, (202) 395–9617. 

SUPPLEMENTARY INFORMATION: 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, 

Switzerland, would be expected to issue 

a report on its findings and 

recommendations within nine months 

after it is established. 

Major Issues Raised by Vietnam 

On February 1, 2010, Vietnam 

requested consultations regarding a 

number of antidumping administrative 

reviews and new shipper reviews 

conducted by the Department of 

Commerce on certain frozen warmwater 

shrimp from Vietnam, referring in 

particular to the use of what it describes 

as ‘‘zeroing’’ in those reviews. Vietnam 

challenges the determinations by the 

Department of Commerce in (1) Certain 

Frozen Warmwater Shrimp From the 

Socialist Republic of Vietnam: Final 

Results of the First Antidumping Duty 

Administrative Review, 72 FR 52,052 

(September 12, 2007), as well as any 

assessment instructions and cash 

deposit requirements issued pursuant 

thereto; (2) Certain Frozen Warmwater 

Shrimp From the Socialist Republic of 

Vietnam: Final Results and Final Partial 

Recission of Antidumping Duty 

Administrative Review, 73 FR 52,273 

(September 9, 2008), as well as any 

assessment instructions and cash 

deposit requirements issued pursuant 

thereto; (3) Certain Frozen Warmwater 

Shrimp From the Socialist Republic of 

Vietnam: Final Results of the Second 

New Shipper Review, 74 FR 24,796 (May 

26, 2009), as well as any assessment 

instructions and cash deposit 

requirements issued pursuant thereto; 

(4) Certain Frozen Warmwater Shrimp 

From the Socialist Republic of Vietnam: 

Final Results and Final Partial Recission 

of Antidumping Duty Administrative 

Review, 74 FR 47,191 (September 15, 

2009), as well as any assessment 

instructions and cash deposit 

requirements issued pursuant thereto; 

(5) preliminary and final results of any 

administrative reviews or other reviews 

of Certain Frozen Warmwater Shrimp 

from the Socialist Republic of Vietnam 

published in the Federal Register after 

the date of the request for consultations, 

including reviews under Section 751(c) 

of the Tariff Act of 1930, as well as any 

assessment instructions and cash 

deposit requirements issued pursuant 

thereto; (6) any changes in the final 

results of any administrative review of 

Certain Frozen Warmwater Shrimp 

From the Socialist Republic of Vietnam 

issued pursuant to a remand from the 

U.S. Court of International Trade, as 

well as any opinion of the Court related 

to the remand results, and any 

assessment instructions and cash 

deposit requirements issued pursuant 

thereto; and (7) any actions taken by 

U.S. Customs and Border Protection to 

collect definitive antidumping duties at 

duty assessment rates established in the 

administrative reviews identified above, 

including through the issuance of 

liquidation instructions and notices. 

Vietnam also challenges various U.S. 

laws, regulations, administrative 

procedures, practices, and 

methodologies, including (1) the Tariff 

Act of 1930, as amended, in particular 

sections 736, 751, 771(35)(A) and (B), 

and 777A(c) and (d) (19 U.S.C. 1673e, 

1675, 1677(35)(A) and (B), and 1677f(c) 

and (d)); (2) the Statement of 

mstockstill on DSKH9S0YB1PROD with NOTICES

8178 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

Administrative Action accompanying 

the Uruguay Round Agreements Act, 

H.R. Doc. No. 103–316 (1994), reprinted 

in 1994 U.S.C.C.A.N. 4040; (3) 

Department of Commerce regulations set 

forth in part 351 of Title 19 of the Code 

of Federal Regulations, in particular 

sections 351.212(b) and 351.414(c) and 

(e); (4) the Import Administration 

Antidumping Manual (1997 ed.), 

including the computer programs 

referenced therein; and (5) the general 

procedures and methodology employed 

by the United States to determine 

dumping margins in administrative 

reviews, whereby the Department of 

Commerce, in comparing weighted 

average normal value with the 

transaction price of individual export 

transactions, treats as zero negative 

intermediate comparison results (i.e., 

situations in which the individual 

export price is greater than the weighted 

average normal value), which 

methodology Vietnam asserts is 

commonly referred to as ‘‘simple 

zeroing’’ and/or the U.S. ‘‘zeroing 

procedures.’’ 

Vietnam alleges that these laws, 

regulations, administrative procedures, 

practices, and methodologies are, as 

such and as applied in the 

determinations by the Department of 

Commerce and actions by U.S. Customs 

and Border Protection in the shrimp 

administrative reviews and new shipper 

reviews, inconsistent with Articles I, II, 

VI:1, and VI:2 of the General Agreement 

on Tariffs and Trade 1994; Articles 1, 

2.1, 2.4, 2.4.2, 6.8, 6.10, 9.1, 9.3, 9.4, 

11.2, 11.3, 18.1, and 18.4, and Annex II 

of the Agreement on Implementation of 

Article VI of the General Agreement on 

Tariffs and Trade 1994 (the AntiDumping Agreement); Article XVI:4 of 

the WTO Agreement; and Vietnam’s 

Protocol of Accession to the WTO. 

Vietnam alleges that the United States 

acted inconsistently with the WTO 

Agreement obligations identified above 

by applying so-called ‘‘zeroing’’ in the 

determination of the margins of 

dumping in the reviews identified 

above, by repeatedly and consistently 

failing to provide most Vietnamese 

respondents seeking a review an 

opportunity to demonstrate the absence 

of dumping by being permitted to 

participate in a review, and by requiring 

companies to demonstrate their 

independence from government control 

and applying an adverse facts available 

rate to companies failing to do so in all 

reviews. 

Public Comment: Requirements for 

Submissions 

Interested persons are invited to 

submit written comments concerning 

the issues raised in this dispute. Persons 

may submit public comments 

electronically to http:// 

www.regulations.gov docket number 

USTR–2010–0008. If you are unable to 

submit comments using http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 395–9483 to 

arrange for an alternative method of 

transmission. 

To submit comments via http:// 

www.regulations.gov, enter docket 

number USTR–2010–0008 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 ‘‘Submit a Comment.’’ (For 

further information on using the http: 

//www.regulations.gov Web site, please 

consult the resources provided on the 

Web site by clicking on the ‘‘Help’’ link 

at the top of the home page.) 

The http://www.regulations.gov Web 

site provides the option of providing 

comments by filling in a ‘‘Type 

Comment and Upload File’’ field, or by 

attaching a document. It is expected that 

most comments will be provided in an 

attached document. If a document is 

attached, it is necessary and sufficient to 

type ‘‘See attached’’ in the ‘‘Type 

Comment and Upload File’’ field. 

A person requesting that information 

contained in a comment submitted by 

that person be treated as business 

confidential information must certify 

that such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. Business confidential 

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. Any 

comment containing business 

confidential information must be 

submitted by fax to Sandy McKinzy at 

(202) 395–3640. A non-confidential 

summary of the confidential 

information must be submitted to http: 

//www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

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) Must provide a non-confidential 

summary of the information or advice. 

Any comment containing confidential 

information must be submitted by fax to 

Sandy McKinzy at (202) 395–3640. A 

non-confidential summary of the 

confidential information must be 

submitted to http:// 

www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

USTR will maintain a docket on this 

dispute settlement proceeding 

accessible to the public. 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 or in the 

event of an appeal from such a panel, 

the U.S. submissions, any nonconfidential submissions, or nonconfidential summaries of submissions, 

received from other participants in the 

dispute; the report of the panel; and, if 

applicable, the report of the Appellate 

Body. 

Comments will be placed in the 

docket and open to public inspection 

pursuant to 15 CFR 2006.13, except 

confidential business information 

exempt from public inspection in 

accordance with 15 CFR 2006.15 or 

information determined by USTR to be 

confidential in accordance with 19 

U.S.C. 2155(g)(2). Comments open to 

public inspection may be viewed on the 

http://www.regulations.gov Web site. 

Steven F. Fabry, 

Acting Assistant United States Trade 

Representative for Monitoring and 

Enforcement. 

[FR Doc. 2010–3551 Filed 2–22–10; 8:45 am] 

BILLING CODE 3190–W0–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Application of Rugby Aviation LLC D/ 

B/A Northwest Sky Ferry for Commuter 

Air Carrier Authority 

AGENCY: Department of Transportation. 

ACTION: Notice of Order to Show Cause 

(Order 2010–2–7) Docket OST–2009– 

0188. 

SUMMARY: The Department of 

Transportation is directing all interested 

persons to show cause why it should 

not issue an order finding Rugby 

mstockstill on DSKH9S0YB1PROD with NOTICES