[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28306-28307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12967]


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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.

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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

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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