[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Notices]
[Pages 62624-62625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25638]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. USTR-2010-0025]
WTO Dispute Settlement Proceeding Regarding United States--Final
Antidumping Measures on Stainless Steel from Mexico
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 pursuant to a request by Mexico
under the Marrakesh Agreement Establishing the World Trade Organization
(``WTO Agreement''), the Dispute Settlement Body of the World Trade
Organization (``WTO'') has referred a matter concerning the dispute
United States--Final Antidumping Measures on Stainless Steel from
Mexico to a panel. The request may be found at http://www.wto.org in
document WT/DS344/20. 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 November 12, 2010, to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted electronically to
www.regulations.gov, docket number USTR-2010-0025. If you are unable to
provide submissions by http://www.regulations.gov, please contact Sandy
McKinzy at (202) 395-9483 to arrange for an alternative method of
transmission. If (as explained below), the comment contains
confidential information, then the comment should be submitted by fax
only to Sandy McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: Mar[iacute]a L. Pag[aacute]n,
Associate General Counsel, Office of the United States Trade
Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395-
7305.
SUPPLEMENTARY INFORMATION: USTR is providing notice that the Dispute
Settlement Body (``DSB'') has, at the request of Mexico, referred a
matter to a dispute settlement panel pursuant to the WTO Understanding
on Rules and Procedures Governing the Settlement of Disputes (``DSU'').
The panel will hold any meetings with the parties to the dispute in
Geneva, Switzerland.
Major Issues Raised by Mexico
In its request for the establishment of a panel, Mexico alleges
that the United States has not fully implemented the recommendations
and rulings of the DSB in the dispute United States--Final Antidumping
Measures on Stainless Steel from Mexico. The recommendations and
rulings stem from the DSB's adoption of the panel and Appellate Body
reports in that dispute, which can be found at http://www.wto.org in
documents WT/DS344/R and WT/DS344/AB/R, respectively.
Mexico states that the DSB made recommendations and rulings that
the use of simple zeroing in administrative reviews is ``as such''
inconsistent with Article VI:2 of the GATT 1994 and Article 9.3 of the
Antidumping Agreement. Mexico alleges that the United States has taken
no steps to eliminate simple zeroing in administrative reviews, thereby
failing to implement the DSB's recommendations and rulings in this
regard by the end of the reasonable period of time (``RPT'') or
thereafter. Mexico alleges that the United States continues to act
inconsistently with Articles 17.14, 21.1, and 21.3 of the DSU, Articles
2.1, 2.4, and 9.3 of the Antidumping Agreement, and Article VI:2 of the
GATT 1994.
In addition, Mexico states that the DSB made recommendations and
rulings that the United States acted inconsistently with Article VI:2
of the GATT 1994 and Article 9.3 of the Antidumping Agreement by
applying simple zeroing in five administrative reviews at issue in the
dispute (identified as cases 1 through 5 in the Annex to Mexico's
request). Mexico alleges that the margins of dumping calculated in
these five administrative reviews continue to have legal effects after
the end of the RPT and have been relied upon by the U.S. Department of
Commerce (``USDOC'') in several subsequent closely connected measures,
including in the 2005 and 2010 ``sunset'' reviews and in revocation
decisions made in the context of subsequent antidumping administrative
reviews, including the 7th and 9th administrative reviews. Mexico
alleges that the United States has failed to adopt any measures by the
end of the RPT or thereafter to implement the DSB's recommendations and
rulings regarding the use of simple zeroing in administrative reviews 1
through 5, and therefore is acting inconsistently with Articles 17.14,
21.1, and 21.3 of the DSU, Articles 2.1, 2.4, and 9.3 of the
Antidumping Agreement, and Article VI:2 of the GATT 1994.
Furthermore, Mexico alleges that the United States has failed to
take action to bring certain ``closely connected measures'' into
compliance with U.S. WTO obligations and, that by continuing to use
simple zeroing in subsequent ``closely connected measures,'' has
imposed, assessed, and/or collected antidumping duties in excess of the
proper margin of dumping. Mexico alleges that the United States is
therefore imposing duties on the importation of Mexican goods in excess
of the duties permitted under the U.S. Schedule of Concessions and
otherwise nullifies or impairs benefits accruing to Mexico under the
covered agreements. Mexico alleges that as a result the United States
is acting inconsistently with Articles 17.14, 21.1, and 21.3 of the
DSU, Articles 2.1, 2.4, 9.3, 11.2, and 11.3 of the Antidumping
Agreement, and Article VI:2 of the GATT 1994. The alleged ``closely
connected measures'' are:
(i) The six subsequent administrative reviews of the same
antidumping duty
[[Page 62625]]
order on stainless steel sheet and strip in coils from Mexico
(identified as cases 6 through 11 in the Annex to Mexico's request),
and any subsequent amendments to the same, in which margins of dumping
for cash deposit purposes and assessment amounts are calculated using
simple zeroing;
(ii) The 2005 and 2010 five-year ``sunset'' reviews of the
antidumping order on stainless steel sheet and strip in coils from
Mexico (identified as cases 12 and 13 in the Annex to Mexico's
request), and any subsequent amendments to the same, in which the USDOC
relied upon margins of dumping calculated using simple zeroing;
(iii) All other subsequent closely connected measures taken by the
United States in relation to the antidumping order on stainless steel
sheet and strip in coils from Mexico in which USDOC calculated, or
relied upon, margins of dumping calculated using simple zeroing or
model zeroing, including the negative ``absence of dumping'' revocation
determinations pursuant made in the 7th and 9th administrative reviews
(identified as cases 7 and 9 in the Annex to Mexico's request), and any
subsequent amendments to the same; and
(iv) Any other determinations and measures that derive mechanically
from the measures described in paragraphs (i) to (iii) that bear a
close nexus to the referenced five originally challenged administrative
reviews including any instructions and notices issued pursuant thereto,
and any subsequent amendments to the same.
Finally, Mexico alleges that U.S. measures taken to comply, if and
to the extent they exist, are inconsistent with Articles 2.1, 2.4, 9.3,
11.2, and 11.3 of the Antidumping Agreement and Articles II:1(a),
II:1(b), VI:1, and VI:2 of the GATT 1994.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit public
comments electronically to http://www.regulations.gov docket number
USTR-2010-0025. If you are unable to submit comments using http://www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to
arrange for an alternative method of transmission.
To submit comments via http://www.regulations.gov, enter docket
number USTR-2010-0025 on the home page and click ``search.'' The site
will provide a search-results page listing all documents associated
with this docket. Find a reference to this notice by selecting
``Notice'' under ``Document Type'' on the left side of the search
results page, and click on the link entitled ``Submit a Comment.'' (For
further information on using the http://www.regulations.gov Web site,
please consult the resources provided on the Web site by clicking on
the ``Help'' link at the top of the home page.)
The http://www.regulations.gov Web site provides the option of
providing comments by filling in a ``Type Comment and Upload File''
field, or by attaching a document. It is expected that most comments
will be provided in an attached document. If a document is attached, it
is necessary and sufficient to type ``See attached'' in the ``Type
Comment and Upload File'' field.
A person requesting that information contained in a comment
submitted by that person be treated as business confidential
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Business confidential 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. Any comment
containing business confidential information must be submitted by fax
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the
confidential information must be submitted to http://www.regulations.gov. The non-confidential summary will be placed in the
docket and open to public inspection.
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 submitter believes that information
or advice may qualify as such, the submitter--
(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 the cover page and each succeeding page; and
(3) Must provide a non-confidential summary of the information or
advice.
Any comment containing confidential information must be submitted by
fax to Sandy McKinzy at (202) 395-3640. A non-confidential summary of
the confidential information must be submitted to www.regulations.gov.
The non-confidential summary will be placed in the docket and open to
public inspection.
USTR will maintain a docket on this dispute settlement proceeding
accessible to the public. 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 or in the event of an appeal
from such a panel, the U.S. submissions, any non-confidential
submissions, or non-confidential summaries of submissions, received
from other participants in the dispute, will be made available to the
public on USTR's Web site at http://www.ustr.gov, and the report of the
panel, and, if applicable, the report of the Appellate Body, will be
available on the Web site of the World Trade Organization, http://www.wto.org.
Comments will be placed in the docket and open to public inspection
pursuant to 15 CFR 2006.13, except confidential business information
exempt from public inspection in accordance with 15 CFR 2006.15 or
information determined by USTR to be confidential in accordance with 19
U.S.C. 2155(g)(2). Comments open to public inspection may be viewed on
the http://www.regulations.gov Web site.
Steven F. Fabry,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2010-25638 Filed 10-8-10; 8:45 am]
BILLING CODE 3190-W1-P