E9-14256. WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Administrative Reviews and Other Measures Related to Imports of Certain Orange Juice from Brazil

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 May 22, 2009, Brazil requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (“WTO Agreement”) concerning the antidumping duty investigation on certain orange juice from Brazil, the second antidumping duty administrative review on certain orange juice from Brazil (Department of Commerce Case No. A-351-840), and the “continued use of the US zeroing procedures (`model' or `simple' zeroing) in successive antidumping proceedings.” On November 27, 2008, Brazil requested consultations with the United States concerning the first antidumping administrative review on certain orange juice from Brazil and various U.S. laws, regulations, administrative procedures, practices, and methodologies. Those requests may be found at www.wto.org contained in documents designated as WT/DS382/1/Add.1 and WT/DS382/1, respectively. 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 July 17, 2009 to be assured of timely consideration by USTR.

ADDRESSES:

Comments should be submitted electronically to www.regulations.gov, docket number USTR-2008-0044. If you are unable to provide submissions by www.regulations.gov,, please contact Sandy McKinzy at [phone] to arrange for an alternative method of transmission. If (as explained below) the comment contains confidential information, then the comment should be submitted by fax only to Sandy McKinzy at [phone].

FOR FURTHER INFORMATION CONTACT:

Leigh Bacon, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, [phone].

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.

On November 27, 2008, Brazil requested consultations regarding the antidumping duty administrative review on certain orange juice from Brazil, referring in particular to the use of “zeroing” in that review. USTR solicited comments in response to Brazil's November 27, 2008, consultations request in 73 Federal Register 80,442 (Dec. 31, 2008). Comments received in response to that request may be viewed on the www.regulations.gov Web site by entering docket number USTR-2008-0044 in the search field on the home page.

Major Issues Raised by Brazil

In its second consultations request, filed on May 22, 2009, Brazil requested consultations regarding the antidumping duty investigation in Certain Orange Juice from Brazil: Final Results and Partial Rescission of Antidumping Administrative Review (A-351-840), covering the period from October 1, 2003, to September 30, 2004, and the final results thereof, 71 FR 2183 (January 13, 2006), the antidumping duty order, 71 FR 12183 (Mar. 9, 2006), and any cash deposits issued pursuant thereto; and the antidumping duty administrative review covering the period from March 1, 2007, to February 29, 2008. Brazil also challenges the “continued use” of “zeroing” procedures in successive antidumping proceedings in that case.

Brazil alleges inconsistencies with Articles II, VI:1, and VI:2 of the General Agreement on Tariffs and Trade 1994, Articles 1, 2.1, 2.4, 2.4.2, 9.1, 9.3, 11.2, and 18.4 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the Anti-Dumping Agreement); and Article XVI:4 of the WTO Agreement.

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 electronically to www.regulations.gov docket number USTR-2008-0044. If you are unable to provide submissions by www.regulations.gov,, please contact Sandy McKinzy at [phone] to arrange for an alternative method of transmission.

To submit comments via www.regulations.gov, enter docket number USTR-2008-0044 on the home page and click “go”. 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 “Send a Comment or Submission.” (For further information on using the www.regulations.gov Web site, please consult the resources provided on the website by clicking on “How to Use This Site” on the left side of the home page.)

The www.regulations.gov site provides the option of providing comments by filling in a “General Comments” 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 sufficient to type “See attached” in the “General Comments” field.

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 Sandy McKinzy at [phone]. A non-confidential summary of the confidential information must be submitted to 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. A non-confidential summary of the confidential information must be submitted to 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 may be viewed on the www.regulations.gov Web site by entering docket number USTR-2008-0044 in the search field on the home page.

Daniel Brinza,

Assistant United States Trade Representative for Monitoring and Enforcement.