[Federal Register: May 14, 2003 (Volume 68, Number 93)]
[Notices]
[Page 25927-25928]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my03-95]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-277]
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 International Trade Representative.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States International Trade
Representative (``USTR'') is providing notice of the request by the
Government of Canada for the establishment of a dispute settlement
panel under the Marrakesh Agreement Establishing the World Trade
Organization (``WTO Agreement'') to examine the International Trade
Commission (``ITC'') final determination of threat of material injury
with respect to certain softwood lumber from Canada.
The request for the establishment of a panel 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: Athough USTR will accept any comments received during the course
of the dispute settlement proceedings, comments should be submitted on
or before June 30, 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 KcKinzy at (202) 395-3640, with a confirmation
copy sent electronically to the e-mail 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: Pursuant to section 127(b) of the Uruguay
Round Agreements Act (``URAA'') (19 U.S.C. 3537(b)(1)), USTR is
providing notice that on April 3, 2003, the Government of Canada
submitted a request for establishment of a dispute settlement panel to
examine the U.S. International Trade Commission (``ITC'') final
determination that an industry in the United States is threatened with
material injury by reason of imports of softwood lumber from Canada
determined by the U.S. Department of Commerce to have been subsidized
and sold in the United States at less than fair value.
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 that 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. Consultations were held on January
22, 2003.
In its request for the establishment of a panel, Canada alleges
that the United States has violated Article VI:6(a) of the GATT 1994;
Articles 1, 3.1, 3.2, 3.4, 3.5, 3.7, 3.8, 12.2, 12.2.2, and 18.1 of the
Anti-dumping Agreement; and Articles 10, 15.1, 15.2, 15.4, 15.5, 15.7,
15.8, 22.3, 22.5 and 32.1 of the SCM
[[Page 25928]]
Agreement. Canada alleges that these violations stem from certain
errors in the ITC's determination. In particular, Canada claims that
the ITC:
1. Failed to objectively evaluate the volume of dumped and
subsidized imports from Canada, their impact on prices in the United
States, and their impact on the U.S. industry;
2. Failed to objectively evaluate injury or threat of injury to the
U.S. industry caused by factors other than dumped and subsidized
imports, and to ensure that the impact of those factors was not
attributed to dumped and subsidized imports;
3. Improperly determined that increased dumped and subsidized
imports were imminent and were likely to exacerbate price pressure,
which would materially injure the U.S. industry;
4. Failed to properly evaluate a variety of factors that it should
have evaluated in reaching a conclusion of threatened material injury;
5. Failed to accord ``special care'' to its determination of
threatened material injury;
6. Failed to set forth sufficient detail in its report regarding
its findings and conclusions, including all relevant information and
all considerations relevant to its threatened material injury
determination; and
7. Failed to satisfy the requirements of Article 3 of the Anti-
dumping Agreement and Article 15 of the SCM Agreement.
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
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'' at the top and bottom of the cover page and each
succeeding page of the submission.
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''
at the top and bottom of the cover page and each succeeding page of the
submission; 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. 03-12036 Filed 5-13-03; 8:45 am]
BILLING CODE 3190-01-M