[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Notices]
[Page 64687-64688]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no07-161]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
WTO Dispute Settlement Proceeding Regarding Laws, Regulations and
Methodology for Calculating Dumping Margins (``Zeroing'')
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 pursuant to a request of the
European Communities, the Dispute Settlement Body of the World Trade
Organization (``WTO'') has established a compliance panel under the
Marrakesh Agreement Establishing the World Trade Organization (``WTO
Agreement'') concerning the dispute United States--Laws, Regulations
and Methodology for Calculating Dumping Margins (``zeroing'')--Recourse
to Article 21.5 of the DSU by the European Communities. That request
may be found at http://www.wto.org contained in a document designated
as WT/DS294/25. 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 proceeding, comments should be
submitted on or before December 21, 2007.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0715@ustr.eop.gov, Attn: ``EC Zeroing (21.5)'' in the subject line,
or (ii) by fax, to Sandy McKinzy at 202-395-3640, with a confirmation
copy sent electronically to the e-mail address above.
[[Page 64688]]
FOR FURTHER INFORMATION CONTACT: Elizabeth V. Baltzan, Associate
General Counsel, Office of the United States Trade Representative, 600
17th Street, NW., Washington, DC 20508, (202) 395-3582.
SUPPLEMENTARY INFORMATION: USTR is providing notice that the DSB has
established, at the request of the EC, a dispute settlement compliance
panel pursuant to the WTO Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU). Such panel will hold any
hearing in Geneva, Switzerland. It is possible that the public will be
able to observe the hearing of the panel. If so, then USTR would intend
to provide notice on USTR's Web site (under ``Opportunities to View
Dispute Settlement Hearings'' on the Web page http://www.ustr.gov/Trade_Agreements/Monitoring_Enforcement/Dispute_Settlement/WTO/Section_Index.html
) of the public hearing and the means by which the
e
Major Issues Raised by the EC
In the European Communities' (the ``EC'') request for the
establishment of a panel in connection with the dispute United States--
Laws, Regulations and Methodology for Calculating Dumping Margins
(``zeroing'')--Recourse to Article 21.5 of the DSU by the European
Communities, the EC challenges the following:
The consistency with Articles 17.14 and 21 of the DSU of
the dates of entry into force of the SeCtion 129 determinations issued
by the Department of Commerce to comply with the recommendations and
rulings of the original proceeding;
The alleged failure to eliminate ``zeroing'' in 16
administrative reviews found, in the original proceeding, to be
inconsistent with U.S. WTO obligations; the EC alleges that the failure
to eliminate ``zeroing'' in these reviews is a breach of Articles 2,
9.3, and 11 of the Antidumping Agreement and Article VI:2 of the GATT
1994;
An alleged miscalculation with respect to one
determination;
With respect to all measures identified in the request,
the alleged imposition, collection, or liquidation of antidumping
duties ``inflated'' by ``zeroing'' beyond April 9, 2007;
The increase in the ``all-others'' rate in connection with
two determinations;
With respect to original investigations in which the
recalculation of dumping margins led to the conclusion that some
exporters were not dumping or had de minimis margins, the failure to
establish whether the remaining amount of dumped imports was causing
injury to the domestic industry and whether the volume of dumped
imports was not negligible; and
The continued use of zeroing in the reviews related to the
measures in question.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons submitting
comments may either send one copy by fax to Sandy McKinzy at (202) 395-
3640, or transmit a copy electronically to FR0715@ustr.eop.gov, with
``EC Zeroing (21.5)'' in the subject line. For documents sent by fax,
USTR requests that the submitter provide a confirmation copy to the
electronic mail address listed above.
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 designated as such
and the submission must be 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 clearly so designate the information or advice;
(2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
at the top and bottom of each page of the cover page and each
succeeding page; 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; for the dispute settlement compliance panel or in the
event of an appeal from such a panel, the U.S. submissions; the
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. An appointment to
review the public file (Docket No. WT/DS-294) 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 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. E7-22451 Filed 11-15-07; 8:45 am]
BILLING CODE 3190-W8-P