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USTR Seeks Comments on WTO Dispute Regarding U.S. AD/CV Duty Measures on Coated Free Sheet Paper from China

The Office of the U.S. Trade Representative has issued a notice and request for comments on China's request for World Trade Organization consultations with the U.S. regarding certain U.S. preliminary antidumping and countervailing duty determinations involving coated free sheet paper imported from China.1

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The USTR invites written comments from the public concerning the issues raised in this dispute. Comments should be submitted on or before October 31, 2007 to be assured of timely consideration.

China Questions Preliminary AD/CV Calculations and Determinations

China's consultations request concerns the International Trade Administration's preliminary AD and CV duty determinations regarding coated free sheet paper imported from China.2 Specifically, China's request raises issues regarding the:

determinations that the countervailed subsidies were ''specific'' or limited to certain industries or companies;

benefit calculation for a government loan program;

calculation of the amount of subsidy; and

calculation of the amount of dumping.

Dispute Settlement Panel May Be Requested if Consultations Fail

The USTR states that if the consultations should fail to resolve the matter and a WTO dispute settlement panel (DSP) is established, such panel would be expected to issue a report on its findings and recommendations within approximately nine months after it is established.

(According to the WTO,consultations are the first step in a WTO dispute. Under WTO rules, parties that do not resolve a matter through consultations within 60 days may request the establishment of a WTO dispute settlement panel.)

- comments should be submitted on or before October 31, 2007

1 ITA Case Nos. A- 570-906 and C-570-907

2 The titles of the determinations at issue are:

"Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Coated Free Sheet Paper from the People's Republic of China,'' (FR Pub 06/04/07). (See ITT's Online Archives or 06/05/07 news, 07060540, for BP summary); and

''Coated Free Sheet Paper from China: Amended Preliminary Affirmative Countervailing Duty Determination,'' (FR Pub 04/09/07). (See ITT's Online Archives or 04/11/07 news, 07041125, for BP summary.)

(See ITT's Online Archives or 04/06/07 news, 07040625, for BP summary of Commerce's preliminary decision to apply U.S. CV duty law to imports from China.)

USTR contact - James Kelleher (202) 395-3150

USTR notice (D/N WTO/DS368, FR Pub 10/10/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-4999.pdf

WTO dispute summary (DS368, updated 09/14/07) available at http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds368_e.htm