[Federal Register: January 22, 2003 (Volume 68, Number 14)]
[Notices]
[Page 3088-3089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja03-98]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
WTO Dispute Settlement Proceeding Regarding the United States
International Trade Commission Final Determination of Threat of
Material Injury in the Investigation Concerning Certain Softwood Lumber
From Canada
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice of the request by the Government of
Canada for consultations under the Marrakesh Agreement Establishing the
World Trade Organization (``WTO Agreement'') to examine the United
States International Trade Commission (``ITC'') final determination of
threat of material injury with respect to certain softwood lumber from
Canada. The request for consultations alleges that the ITC's
determination is inconsistent with various provisions of the General
Agreement on Tariffs and Trade 1994 (``GATT 1994''), the Agreement on
Implementation of Article VI of GATT 1994 (``Anti-dumping Agreement''),
and the Agreement on Subsidies and Countervailing Measures (``SCM
Agreement''). 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 January 15, 2003 to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
fr0062@ustr.gov, Attn: ``Lumber Injury Dispute'' in the subject line,
or (ii) by fax, to Sandy McKinzy at 202-395-3640, with a confirmation
copy sent electronically to the email address above.
FOR FURTHER INFORMATION CONTACT: Theodore R. Posner, Assistant General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington DC, 20508 (202) 395-3582.
SUPPLEMENTARY INFORMATION: 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, but in an effort to provide
additional opportunity for comment, USTR is providing notice that on
December 20, 2002, the Government of Canada requested consultations
pursuant to the WTO Dispute Settlement Understanding. 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 six to nine
months after it is established.
Major Issues Raised and Legal Basis of the Complaint
In its determination of May 16, 2002, published in the Federal
Register on May 22, 2002, the ITC found that imports of softwood lumber
from Canada, which the U.S. Department of Commerce found to be
subsidized and sold at less than fair value, threatened an industry in
the United States with material injury. The reasons for the ITC's
determination are set forth in USITC Publication No. 3509 (May 2002).
By letter dated December 20, 2002, Canada requested consultations
with the United States under the WTO Dispute Settlement Understanding
regarding the ITC's determination.
In its request for consultations, Canada alleges that the United
States has violated Article VI:6(a) of the GATT 1994; Articles 1, 3.1,
3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 12 and 18.1 of the Anti-dumping
Agreement; and Articles 10, 15.1, 15.2, 15.3, 15.4, 15.5, 15.7, 15.8,
22 and 32.1 of the SCM Agreement. Canada alleges that these violations
stem from certain errors in the ITC's determination. In particular,
Canada claims that the ITC:
(i) Based its determination on ``allegation, conjecture and remote
possibility'';
(ii) Failed to establish that ``a change in circumstances which
would create a situation in which the subsidy and dumping would cause
injury is clearly foreseen and imminent'';
(iii) Failed ``to properly consider all factors relevant to
determining the existence of a threat of material injury''; and
(iv) Failed ``to properly consider the effects of the dumped and
subsidized imports, their impacts on the domestic industry, and whether
the dumped and subsidized imports would cause injury or threat of
injury.''
Canada further alleges that the ITC failed to include in its report
``sufficient detail, relevant information and considerations, and
proper reasons'' for its determination.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in Canada's request for consultations.
Persons submitting comments may either send one copy by fax to Sandy
McKinzy at 202-395-3640, or transmit a copy electronically to
fr0062@ustr.gov, with ``Lumber Injury Dispute'' in the subject line.
For documents sent by fax, USTR requests that the submitter provide a
[[Page 3089]]
confirmation copy electronically. USTR encourages the submission of
documents in Adobe PDF format, as attachments to an electronic mail.
Interested persons who make submissions by electronic mail should not
provide separate cover letters; information that might appear in a
cover letter should be included in the submission itself. Similarly, to
the extent possible, any attachments to the submission should be
included in the same file as the submission itself, and not as separate
files.
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 marked ``BUSINESS
CONFIDENTIAL'' in a contrasting color ink at the top of each page of
each copy.
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 submitting person believes that
information or advice may qualify as such, the submitting person--
(1) Must so designate the information or advice;
(2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
in a contrasting color ink at the top of each page of each copy; and
(3) Is encouraged to 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 file on this dispute settlement proceeding, accessible
to the public, in the USTR Reading Room, which is located at 1724 F
Street, NW., Washington, DC 20508. The public file will include non-
confidential comments received by USTR from the public with respect to
the dispute; the U.S. submissions to the panel in the dispute, the
submissions, or non-confidential summaries of submissions, to the panel
received from other participants in the dispute, as well as the report
of the panel; and, if applicable, the report of the Appellate Body. An
appointment to review the public file may be made by calling the USTR
Reading Room at (202) 395-6186. The USTR Reading Room is open to the
public from 9:30 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through
Friday.
Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 03-1309 Filed 1-21-03; 8:45 am]
BILLING CODE 3190-01-P