[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Notices]
[Pages 8331-8332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4214]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-244]


WTO Dispute Settlement Proceeding Brought by Japan Regarding the 
Sunset Review of the Antidumping Duty Order Imposed by the United 
States on Corrision-Resistant Carbon Steel Flat Products From Japan

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 30, 2002, the United States received 
from Japan a request for consultations under the Marrakesh Agreement 
Establishing the World Trade Organization (WTO Agreement) regarding 
certain aspects of the final determinations of both the United States 
Department of Commerce (DOC) and the United States International Trade 
Commission (ITC) in the full sunset review of Corrosion-Resistant 
Carbon Steel Flat Products from Japan issued on August 2, 2000, and 
November 21, 2000, respectively. 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 March 12, 2002, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], or (ii) by mail, to Sandy McKinzy, Attn: Japan 
Corrosion-

[[Page 8332]]

Resistant Steel, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC 20508, with a confirmation copy sent 
electronically or by fax to (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Katherine J. Mueller, Assistant 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC, (202) 395-0317.

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 submits or 
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 (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 six to nine months after it is 
established.

Major Issues Raised by Japan

    Japan alleges that the DOC and ITC final determinations in the full 
sunset review of Corrosion-Resistant Carbon Steel Flat Products from 
Japan issued on August 2, 2002, and November 21, 2000, respectively, 
are erroneous and based on WTO-inconsistent provisions of the Tariff 
Act of 1930 and related regulations. Japan points in particular to:
     the automatic initiation of the sunset review without 
sufficient evidence;
     the likelihood standard used in determining whether to 
revoke or terminate an order, including the ``good cause'' provision 
determining whether the DOC may consider other relevant factors;
     the use of original dumping margins without careful 
examination of dumping and injury;
     the determination of the likelihood of continued dumping 
on an order-wide basis rather than a company-specific basis;
     the treatment as ``zero'' of negative dumping margins in 
the average-to-average or transaction-to-transaction methodologies in 
calculating dumping margins in sunset reviews;
     the application of a de minimis standard of 0.5 percent in 
sunset reviews;
     the cumulative assessment of the volume and the effect of 
subject imports ``from all countries'' where such imports are likely to 
have a discernible adverse impact on the domestic industry.
    Japan contends that these aspects of the final determinations are 
inconsistent with Articles VI and X of GATT 1994; Articles 2, 3, 5, 6 
(including Annex II), 11, 12, and 18.4 of the Antidumping Agreement; 
and Article XVI:4 of the Agreement establishing the World Trade 
Organization.

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. Commenters should send either one copy by U.S. mail, first 
class, postage prepaid, to Sandy McKinzy at the address listed above, 
or transmit a copy electronically to [email protected]. For 
documents sent by U.S. mail, USTR requests that the submitter provide a 
confirmation copy, either electronically or by fax to (202) 395-3640. 
USTR encourages the submission of documents in Adobe PDF format, as 
attachments to an electronic mail.
    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. For any document containing business confidential 
information submitted by electronic transmission, the file name of the 
business confidential version should begin with the characters ``BC'', 
and the file name of the public version should begin with the 
characters ``P''. The ``P'' or ``BC'' should be followed by the name of 
the commenter. 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.
    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, or 
appropriately name the electronic file submitted containing such 
material; 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 WTO/DS-244, Japan Corrosion-Resistant Steel 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 12 noon and 1 p.m. 
to 4 p.m., Monday through Friday.

Christine Bliss,
Acting Assistant United States Trade Representative, for Monitoring and 
Enforcement.
[FR Doc. 02-4214 Filed 2-21-02; 8:45 am]
BILLING CODE 3190-01-M