[Federal Register: June 24, 2005 (Volume 70, Number 121)]
[Notices]
[Page 36687-36688]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn05-147]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-277]
WTO Dispute Settlement Proceeding Regarding Investigation of the
International Trade Commission in 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 that, at the request of Canada, the Dispute Settlement
Body (DSB) of the World Trade Organization (WTO) has established a
dispute settlement panel under the Marrakesh Agreement Establishing the
WTO. The panel is to examine whether the United States has implemented
the recommendations and rulings of the DSB in a dispute involving a
U.S. International Trade Commission (ITC) injury investigation of
certain softwood lumber products from Canada. On April 26, 2004, the
DSB adopted the findings of the panel in that dispute, which found that
``in light of the totality of the factors considered and the reasoning
in the USITC's determination, [it could not] conclude that the finding
of a likely imminent substantial increase in imports is one which could
have been reached by an objective and unbiased investigating
authority.'' In response to the DSB's recommendations and rulings, the
ITC issued a new determination in November 2004, which found that ``an
industry in the United States is threatened with material injury by
reason of imports of softwood lumber from Canada found to be subsidized
and sold in the United States at less than fair value (`LTFV').'' In
December 2004, the U.S. antidumping and countervailing duty orders on
softwood lumber from Canada were amended to reflect the new
determination. Canada subsequently requested the establishment of a
dispute settlement panel, alleging that the United States had failed to
implement the DSB's recommendations and rulings. 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 June 27, 2005, to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0062@ustr.gov, Attn: ``Lumber Injury Dispute (DS277)'' 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.
FOR FURTHER INFORMATION CONTACT: Theodore R. Posner, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-3150.
SUPPLEMENTARY INFORMATION: Pursuant to the WTO Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU), the panel,
which will hold its meetings in Geneva, Switzerland, is expected to
issue a report on its findings and recommendations in September 2005.
Prior WTO Proceedings
On April 26, 2004, the WTO DSB adopted the report of a dispute
settlement panel in a dispute brought by Canada challenging the ITC's
final threat of material injury determination in its investigation of
softwood lumber imports from Canada. The panel rejected certain of
Canada's claims but ultimately found that ``in light of the totality of
the factors considered and the reasoning in the USITC's determination,
[it could not] conclude that the finding of a likely imminent
substantial increase in imports is one which could have been reached by
an objective and unbiased investigating authority.'' The dispute
settlement panel report is publicly available in the USTR reading room
and on the WTO Web site http://www.wto.org.
Article 21.5 Proceeding
Pursuant to the rules of the DSU, the United States and Canada
agreed that the United States would have until January 26, 2005, to
implement the recommendations and rulings of the DSB. To implement
these recommendations and rulings, the ITC undertook a four-month
process that involved reopening its administrative record in the
Softwood Lumber from Canada investigation to gather additional
information, holding a public hearing, providing interested parties
three opportunities to submit written comments, and engaging in
additional analysis. That process concluded with a new determination in
November 2004, which found that ``an industry in the United States is
threatened with material injury by reason of imports of softwood lumber
from Canada found to be subsidized and sold in the United States at
less than fair value (`LTFV').'' In December 2004, the U.S. antidumping
and countervailing duty orders on softwood lumber from Canada
[[Page 36688]]
were amended to reflect the new determination. On February 14, 2005,
Canada alleged that the United States had not properly implemented the
recommendations and rulings and requested the establishment of a
dispute settlement panel under Article 21.5 of the DSU to review this
implementation. The panel was established on February 25, 2005.
In its request under Article 21.5, Canada alleges that the ITC
failed to implement the recommendations and rulings of the DSB by (1)
failing to make a determination of threat of material injury based on
facts; (2) failing to demonstrate a causal relationship between
allegedly dumped and subsidized imports of softwood lumber from Canada
and threatened injury to the domestic industry; and (3) failing to
examine in an unbiased and objective manner any and all known factors
other than the allegedly dumped and subsidized imports that were
injuring or threatening to injure the domestic industry.
The specific measures identified by Canada as inconsistent with
U.S. WTO obligations under the AD Agreement and SCM Agreement are: (1)
Section 129 Consistency Determination, Softwood Lumber from Canada, (24
Nov. 2004), Inv. Nos. 701-TA-414 and 731-TA-928; and (2) Notice of
Amendment to Antidumping and Countervailing Duty Orders on Certain
Softwood Lumber Products From Canada (20 Dec. 2004), 69 FR 75917
(Dep't. Commerce, December 20, 2004).
The European Communities and the People's Republic of China have
indicated their interest to participate in the dispute as third
parties.
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 FR0062@ustr.gov, Attn:
``Lumber Injury Dispute (DS277)'' 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.
Comments must be in English. 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; if a dispute settlement panel is convened, the U.S.
submissions to that panel, 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 (Docket No. WT/DS-277, Lumber Injury Dispute) 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. 05-12484 Filed 6-23-05; 8:45 am]