Daily Rules, Proposed Rules, and Notices of the Federal Government
If (as explained below) the comment contains confidential information, then the comment should be submitted by fax only to Sandy McKinzy at (202) 395-3640.
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. Consistent with this obligation, USTR is providing notice that a dispute settlement panel has been established pursuant to the WTO Dispute Settlement Understanding (“DSU”). The panel will hold its meetings in Geneva, Switzerland.
On August 20, 2012, China requested the establishment of a panel concerning the determinations to initiate countervailing duty investigations and the preliminary and final countervailing duty determinations and countervailing duty orders issued by the DOC on the following imports from China: Lightweight Thermal Paper (Investigation C-570-921); Circular Welded Austenitic Stainless Pressure Pipe (Investigation C-570-931); Certain Circular Welded Carbon Quality Steel Line Pipe (Investigation C-570-936); Citric Acid and Certain Citrate Salts (Investigation C-570-938); Certain Tow Behind Lawn Groomers and Certain Parts Thereof (Investigation C-570-940); Certain Kitchen Appliance Shelving and Racks (Investigation C-570-942); Certain Oil Country Tubular Goods (Investigation C-570-944); Pre-Stressed Concrete Steel Wire Strand (Investigation C-570-946); Certain Steel Grating (Investigation C-570-948); Wire Decking (Investigation C-570-950); Certain Magnesia Carbon Bricks (Investigation C-570-955); Certain Seamless Carbon and Alloy Steel Standard Line and Pressure Pipe (Investigation C-570-957); Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses (Investigation C-570-959); Drill Pipe (Investigation C-570-966); Aluminum Extrusions (Investigation C-570-968); Multilayered Wood Flooring (Investigation C-570-971); Certain Steel Wheels (Investigation C-570-974); Steel Wire (Investigation C-570-976); High Pressure Steel Cylinders (Investigation C-570-978); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules (Investigation C-570-980); Utility Scale Wind Towers (Investigation C-570-982); and Drawn Stainless Steel Sinks (Investigation C-570-984) (together, the “challenged determinations and orders”). China alleges that the United States acted inconsistently with Article VI of the
China also states that it is requesting the establishment of a panel with respect to the “rebuttable presumption” established and applied by the DOC, under which the DOC considers majority government ownership of an enterprise sufficient to determine that an enterprise is a “public body” within the meaning of Article 1.1 of the SCM Agreement, unless a party is able to demonstrate that majority government ownership does not result in `control' of the enterprise.”
The panel request was largely similar to the consultations request filed on May 25, 2012.
Interested persons are invited to submit written comments concerning the issues raised in this dispute. Persons may submit public comments electronically to
To submit comments via
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. Any comment containing business confidential information must be submitted by fax to andy McKinzy at (202) 395-3640. A non-confidential summary of the confidential information must be submitted to
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. A non-confidential summary of the confidential information must be submitted to
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, will be made available to the public on USTR's Web site at