[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8177-8178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3551]


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

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS404]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping 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

[[Page 8178]]

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 Anti-Dumping 
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 non-confidential 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 non-confidential 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 non-confidential 
submissions, or non-confidential 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