[Federal Register Volume 65, Number 234 (Tuesday, December 5, 2000)]
[Notices]
[Pages 75999-76000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30886]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/D-213]


WTO Consultations Regarding Countervailing Duties on Certain 
Corrosion-Resistant Carbon Steel Flat Products From Germany

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 November 13, 2000, the United States received 
from the European Communities (EC) a request for consultations under 
the Marrakesh Agreement Establishing the World Trade Organization (WTO 
Agreement). The request relates to the countervailing duties imposed by 
the United States on imports of certain corrosion-resistant carbon 
steel flat products from Germany (U.S. Department of Commerce 
(Commerce) case number C-428-817). In particular, the request relates 
to the final results of a full sunset review in that case carried out 
by Commerce and published at 65 FR 47407 (August 2, 2000). The EC 
alleges that Commerce's finding that revocation of the countervailing 
duty order would be likely to lead to the continuation or recurrence of 
a countervailable subsidy is inconsistent with U.S. obligations under 
the WTO Agreement on Subsidies and Countervailing Measures (SCM 
Agreement), particularly Articles 10, 11.9 and 21 of that agreement. 
Under Article 4.3 of the WTO Dispute Settlement Understanding (DSU), 
consultations are to take place within a period of 30 days from the 
date of receipt of the request, or within a period otherwise mutually 
agreed between the United States and the EC. 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 January 15, 2001, to be assured of timely 
consideration by USTR.

ADDRESSES: Submit comments to Sandy McKinzy, Monitoring and Enforcement 
Unit, Office of the General Counsel, Room 122, Office of the United 
States Trade Representative, 600 17th Street, NW., Washington, DC, 
20508, Attn: Corrosion-Resistant Steel Dispute. Telephone: (202) 395-
3582.

FOR FURTHER INFORMATION CONTACT: William D. Hunter, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC, 20508. Telephone: (202) 395-3582.

SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round 
Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and 
opportunity for comment be provided after the United States receives a 
request for the establishment of a WTO dispute settlement panel. 
Consistent with this obligation, but in an effort to provide additional 
opportunity for comment, USTR is providing notice that consultations 
have been requested pursuant to the WTO Dispute Settlement 
Understanding. 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 
six to nine months after it is established.

Major Issues Raised by the EC

    In its consultation request, the EC alleges that the 1 percent de 
minimis standard in Article 11.9 of the SCM Agreement applies to sunset 
reviews under Article 21.3. Thus, according to the EC, because Commerce 
found a likely subsidization rate of only 0.54 percent in its sunset 
review of the countervailing duty order on corrison-resistant steel 
from Germany, Commerce was required to revoke the countervailing duty 
order. The EC also alleges that there is no possibility that the rate 
of subsidization could increase, because under Commerce's ``declining 
balance'' methodology for allocating non-recurring subsidies over time, 
the rate of subsidization likely will continue to decline.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. Comments must be in 
English and provided in fifteen copies. 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 commenter. Confidential business information must be 
clearly marked ``BUSINESS CONFIDENTIAL'' in a contrasting color ink at 
the top of each page of each copy.
    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 so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
in a contrasting color ink at the top of each page of each copy; 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: Room 101, Office of the United 
States Trade Representative, 600 17th Street,

[[Page 76000]]

NW., Washington, DC 20508. The public file will include a listing of 
any comments received by USTR from the public with respect to the 
proceeding; the U.S. submissions to the panel in the proceeding, 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 dispute settlement panel, and, if applicable, the report of the 
Appellate Body. An appointment to review the public file (Docket WTO/D-
213, Corrosion-Resistant Steel Dispute) may be made by calling Brenda 
Webb, (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.

A. Jane Bradley,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 00-30886 Filed 12-4-00; 8:45 am]
BILLING CODE 3190-01-M