[Federal Register Volume 67, Number 118 (Wednesday, June 19, 2002)]
[Notices]
[Pages 41748-41749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15359]


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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 Antidumping Duties on Corrosion-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 of the request by the Government of Japan for the 
establishment of a dispute settlement panel under the Marrakesh 
Agreement Establishing the World Trade Organization (WTO) to examine 
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 antidumping duties on 
corrosion-resistant carbon steel flat products from Japan, issued on 
August 2, 2000, and November 21, 2000, respectively. USTR is also 
providing notice that a dispute settlement panel to examine the same 
matter has been established. 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 July 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-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: Katharine J. Mueller, Assistant 
General Counsel, (202) 395-0317.

SUPPLEMENTARY INFORMATION: Pursuant to Section 127(b) of the Uruguay 
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing 
notice that on April 4, 2002, the Government of Japan submitted a 
request for the establishment of a dispute settlement panel to examine 
certain aspects of the final determinations of DOC and ITC in the full 
sunset review of antidumping duties on corrosion-resistant carbon steel 
flat products from Japan, and that, on May 22, 2002, a WTO dispute 
settlement panel was established at the request of the Government of 
Japan to examine the same matter.

[[Page 41749]]

Major Issues Raised and Legal Basis of the Complaint

    Japan alleges that the DOC and ITC final determinations in the full 
sunset review of antidumping duties on corrosion-resistant carbon steel 
flat products from Japan, issued on August 2, 2000, 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 (pre-WTO) dumping margins to determine 
the likelihood of continuation or recurrence of dumping and injury;
     The determination of the likelihood of continued or 
recurrent dumping on an order-wide basis rather than a company-specific 
basis;
     The treatment as ``zero'' of negative dumping amounts in 
the margins of dumping likely to prevail in the event of revocation;
     The decision of DOC not to accept certain information 
submitted by a Japanese respondent;
     The application of a de minimis standard of 0.5 percent in 
sunset reviews;
     The determination of ITC to cumulate imports without 
considering wither imports were negligible.
    Japan contends that these aspects of the final determinations are 
inconsistent with Articles VI and X of the General Agreement on Tariffs 
and Trade 1994; Articles 2, 3, 5, 6, 11, 12, and 18 of the Antidumping 
Agreement; and Article XVI:4 of the Marrakesh 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 at 9:30 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through 
Friday.

Bruce R. Hirsch,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 02-15359 Filed 6-18-02; 8:45 am]
BILLING CODE 3190-01-M