[Federal Register Volume 67, Number 152 (Wednesday, August 7, 2002)]
[Notices]
[Pages 51315-51316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20002]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-262]


WTO Dispute Settlement Proceeding Regarding U.S. Sunset Reviews 
of Antidumping and Countervailing Duties on Steel Products From France 
and 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 July 25, 2002, the United 
States received from the European Communities (``EC'') a request for 
consultations under the Marrakesh Agreement Establishing the World 
Trade Organization (``WTO Agreement'') regarding antidumping and 
countervailing duties imposed by the United States on imports of 
corrosion-resistant carbon steel flat products (``corrosion-resistant 
steel'') from France and Germany and imports of cut-to-length carbon 
steel plate (``cut-to-length steel'') from Germany. The EC alleges that 
the sunset review determinations made by U.S. authorities concerning 
these products, and certain related matters, are inconsistent with 
Articles 1, 2, 3, 5, 6 (including Annex II), 11.1, 11.3, 11.4, 18.3 and 
18.4 of the Agreement on Implementation of Article VI of the General 
Agreements on Tariffs and Trade 1994 (``AD Agreement''), Articles 10, 
11, 12, 15, 21.1, 21.3, 21.4, 32.3 and 32.5 of the Agreement on 
Subsidies and Countervailing Measures (``SCM Agreement''), Articles VI 
and X of the General Agreement on Tariffs and Trade 1994 (``GATT 
1994''), and Article XVI:4 of the WTO Agreement. 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 August 30, 2002, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], Attn: ``EC Sunset Dispute'' in the subject line, or 
(ii) by mail, 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: EC 
Sunset Dispute, with a confirmation copy sent electronically to the 
address above, or by fax to (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: William D. Hunter, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC, (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 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 consultation 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

    With respect to the measures at issue, the EC request for 
consultations refers to the following:
     The final results of the sunset reviews by the DOC of the 
antidumping duty order on corrosion-resistant steel

[[Page 51316]]

from France (65 FR 18050 (April 6, 2000)), the antidumping duty orders 
on corrosion-resistant steel and cut-to length steel from Germany (65 
FR 18051 (April 6, 2000) and 65 FR 18055 (April 6, 2000), 
respectively), and the countervailing duty order on corrosion-resistant 
steel from France (65 FR 18063 (April 6, 2000));
     The ITC determinations in the sunset reviews of the 
antidumping and countervailing duty orders on cut-to-length steel from 
Germany and on corrosion-resistant steel from France and Germany (USITC 
Publication 3364, November 2000; 65 FR 75301 (December 1, 2000));
     The DOC notice of the continuation of the antidumping and 
countervailing duty orders on cut-to-length steel from Germany and on 
corrosion-resistant steel from France and Germany (65 FR 78469 
(December 15, 2000)); and
     Certain provisions and procedures contained in Sections 
751 (c) and 752 of the Tariff Act of 1930 (the ``Act''), the 
implementing regulations (referred to by the EC as ``19 CFR Section 
351''), and the Sunset Policy Bulletin issued by the DOC (63 FR 18871 
(April 16, 1998)).
    With respect to the claims of WTO-inconsistency, the EC request for 
consultations refers to the following:
     The presumption of continuation or recurrence of dumping 
or countervailable subsidy with respect to an interested party when 
this latter has waived its participation in a review conducted by the 
DOC (section 751(c)(4)(B) of the Act);
     The specific 0.5% de minimis dumping margin in a sunset 
review (section 752(c)(4)(B) of the Act, DOC regulation 19 CFR 
351.106(c), section II.A.5 of the DOC Sunset Policy Bulletin);
     The specific conditions for assessing cumulatively the 
volume and effect of imports of the subject merchandise from all 
subject countries in a sunset review (section 752(a)(7) of the Act);
     The assessment of the likely volume of imports in a sunset 
review (sections 752(a)(2) of the Act) and the failure to determine 
that imports from France or Germany would be likely to rise above their 
historical and current negligible volume;
     The failure of the ITC to use publicly available 
information to account for the missing information due to the limited 
cooperation from the domestic producers, in particular from the service 
centers;
     the decision of the ITC to assess the likely impact of 
French and German imports cumulatively with the imports from ``all 
subject countries''.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit write comments concerning 
the issues raised in this dispute. Persons submitting comments may 
either send 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], with ``EC Sunset Dispute'' in the 
subject line. For documents sent by U.S. mail, USTR requests that the 
submitter provide a confirmation copy, either electronically, to the 
electronic mail address listed above, or by fax to (202) 395-3640, USTR 
encourages the submission of documents in Adobe PDF format, as 
attachments to an electronic mail. 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. Similar, 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. Comments must be in 
English. 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 submitting 
person. 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 1974 
(19 U.S.C. 2155(g)(2)). If the submitting person believes that 
information or advice may qualify as such, the submitting person--
    (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, assessable 
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 No. WT/DS-262, EC Sunset Dispute) may be made by selling 
the USTR Reading Room at (202) 395-6186. The USTR Reading Room is open 
to the public 9:30 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through 
Friday.

Bruce Hirsh,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 02-20002 Filed 8-6-02; 8:45 am]
BILLING CODE 3190-01-M