[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11553-11554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4663]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS420]
WTO Dispute Settlement Proceeding Regarding United States--Anti
Dumping Measures on Corrosion-Resistant Carbon Steel Flat Products From
Korea
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 on January 31, 2011, the Republic
of Korea requested consultations with the United States under the
Marrakesh Agreement Establishing the World Trade Organization (``WTO
Agreement'') concerning antidumping measures regarding corrosion-
resistant carbon steel flat products from Korea. That request may be
found at http://www.wto.org contained in a document designated as WT/
DS420/1. 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 April 1, 2011, to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2011-0001. 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: Leigh Bacon, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-5859.
SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations
have been requested pursuant to the WTO Understanding on Rules and
Procedures Governing the Settlement of Disputes (``DSU''). 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 nine months
after it is established.
Major Issues Raised by Korea
On January 31, 2011, Korea requested consultations concerning
antidumping measures regarding corrosion-resistant carbon steel flat
products from Korea. Korea challenges what it describes as the ``use of
the practice of zeroing negative dumping margins in administrative
reviews, sunset reviews, and liquidations of antidumping duties with
and without reviews, concerning the case of corrosion-resistant carbon
steel flat products from Korea,'' as well as ``the imposition of cash
deposit requirements and the final assessment of antidumping duties
pursuant thereto'' and ``the ongoing conduct reflected by the use of
the zeroing methodology in successive proceedings in that case.''
Korea also states that it would like to raise the following
``matters'': (1) The Tariff Act of 1930, in particular, sections 731,
751, 752, 771(35)(A) and (B), and 777A(c) and (d); (2) the Statement of
Administrative Action that accompanied the Uruguay Round Agreements
Act, H.R. Doc. No. 103-316, vol. I; (3) implementing regulations of the
Department of Commerce, 19 CFR section 351, in particular, sections
351.212(b) and (c), 351.218, and 351.414; (4) the Import Administration
Antidumping Manual (1997 edition), including the computer program(s) to
which it refers; (5) the Department of Commerce Policy Bulletin 98.3,
``Policies Regarding the Conduct of Five-year (`Sunset') Reviews of
Antidumping and Countervailing Duty Orders'' (``Sunset Policy
Bulletin''), 63 FR 18871 (16 April 1998); (6) ``the general procedures
and methodology employed by the United States for determining dumping
margins in administrative reviews, sunset reviews, and duty assessment
determinations''; and (7) ``the general procedures and methodology
[[Page 11554]]
employed by the United States, in sunset reviews, for determining
whether revocation of antidumping orders would be likely to lead to
continuation or recurrence of dumping within a reasonably foreseeable
time.''
Korea alleges inconsistencies with Articles VI:1 and VI:2 of the
General Agreement on Tariffs and Trade 1994 (``GATT 1994''), Articles
1, 2.1, 2.4, 2.4.2, 3, 5.8, 9.1, 9.3, 11, 18.3, and 18.4 of the
Agreement on Implementation of Article VI of the GATT 1994, and Article
XVI:4 of the WTO Agreement.
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-2011-0001. 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.
To submit comments via http://www.regulations.gov, enter docket
number USTR-2011-0001 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 website,
please consult the resources provided on the website by clicking on
``How to Use This Site'' on the left side of the home page.)
The http://www.regulations.gov 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 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 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. 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. 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.
Pursuant to section 127(e) of the Uruguay Round Agreements Act (19
U.S.C. 3537(e)), 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 website of the World Trade Organization,
http://www.wto.org. Comments open to public inspection may be viewed on
the http://www.regulations.gov Web site.
Bradford L. Ward,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2011-4663 Filed 3-1-11; 8:45 am]
BILLING CODE 3190-W1-P