[Federal Register Volume 68, Number 14 (Wednesday, January 22, 2003)]
[Notices]
[Pages 3088-3089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1309]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


WTO Dispute Settlement Proceeding Regarding the United States 
International Trade Commission Final Determination of Threat of 
Material Injury in the Investigation Concerning Certain Softwood Lumber 
From Canada

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 
Canada for consultations under the Marrakesh Agreement Establishing the 
World Trade Organization (``WTO Agreement'') to examine the United 
States International Trade Commission (``ITC'') final determination of 
threat of material injury with respect to certain softwood lumber from 
Canada. The request for consultations alleges that the ITC's 
determination is inconsistent with various provisions of the General 
Agreement on Tariffs and Trade 1994 (``GATT 1994''), the Agreement on 
Implementation of Article VI of GATT 1994 (``Anti-dumping Agreement''), 
and the Agreement on Subsidies and Countervailing Measures (``SCM 
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 January 15, 2003 to be assured of timely 
consideration by USTR.

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

FOR FURTHER INFORMATION CONTACT: Theodore R. Posner, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington DC, 20508 (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 on 
December 20, 2002, the Government of Canada requested consultations 
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 and Legal Basis of the Complaint

    In its determination of May 16, 2002, published in the Federal 
Register on May 22, 2002, the ITC found that imports of softwood lumber 
from Canada, which the U.S. Department of Commerce found to be 
subsidized and sold at less than fair value, threatened an industry in 
the United States with material injury. The reasons for the ITC's 
determination are set forth in USITC Publication No. 3509 (May 2002).
    By letter dated December 20, 2002, Canada requested consultations 
with the United States under the WTO Dispute Settlement Understanding 
regarding the ITC's determination.
    In its request for consultations, Canada alleges that the United 
States has violated Article VI:6(a) of the GATT 1994; Articles 1, 3.1, 
3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 12 and 18.1 of the Anti-dumping 
Agreement; and Articles 10, 15.1, 15.2, 15.3, 15.4, 15.5, 15.7, 15.8, 
22 and 32.1 of the SCM Agreement. Canada alleges that these violations 
stem from certain errors in the ITC's determination. In particular, 
Canada claims that the ITC:
    (i) Based its determination on ``allegation, conjecture and remote 
possibility'';
    (ii) Failed to establish that ``a change in circumstances which 
would create a situation in which the subsidy and dumping would cause 
injury is clearly foreseen and imminent'';
    (iii) Failed ``to properly consider all factors relevant to 
determining the existence of a threat of material injury''; and
    (iv) Failed ``to properly consider the effects of the dumped and 
subsidized imports, their impacts on the domestic industry, and whether 
the dumped and subsidized imports would cause injury or threat of 
injury.''
    Canada further alleges that the ITC failed to include in its report 
``sufficient detail, relevant information and considerations, and 
proper reasons'' for its determination.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in Canada's request for consultations. 
Persons submitting comments may either send one copy by fax to Sandy 
McKinzy at 202-395-3640, or transmit a copy electronically to 
[email protected], with ``Lumber Injury Dispute'' in the subject line. 
For documents sent by fax, USTR requests that the submitter provide a

[[Page 3089]]

confirmation copy electronically. 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. 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.
    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 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 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, 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; the U.S. submissions to the panel in the dispute, 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 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.

Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 03-1309 Filed 1-21-03; 8:45 am]
BILLING CODE 3190-01-P