[Federal Register Volume 68, Number 15 (Thursday, January 23, 2003)]
[Notices]
[Pages 3292-3293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1529]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-268]


WTO Dispute Settlement Proceeding Regarding the Sunset Review of 
the Antidumping Duty Order on Oil Country Tubular Goods From Argentina

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 October 7, 2002, the United 
States received from Argentina a request for consultations under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') regarding the sunset review of the antidumping duty order 
on oil country tubular goods (``OCTG'') from Argentina. Argentina 
alleges that the sunset review determinations made by U.S. authorities 
concerning this product, and certain related matters, are inconsistent 
with Articles 1,2,3,5,6,11,12 and 18 of the Agreement on Implementation 
of Article VI of the General Agreements on Tariffs and Trade 1994 (``AD 
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 February 21, 2003, 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, Office of the 
United States Trade Representative, 600 17th Street, NW., Washington, 
DC 20508, Attn: Argentina Sunset Dispute, with an confirmation copy 
sent electronically to the address above, or by fax to (202) 395-3640, 
in accordance with the requirements for submission set out below.

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 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 Argentina

    With respect to the measures at issue, Argentina's request for 
consultations refers to the following:
    [sbull] The final results of the sunset review by the U.S. 
Department of Commerce (``DOC'') of the antidumping duty order on OCTG 
from Argentina (65 FR 66701 (November 7, 2000));
    [sbull] The final determination in the sunset review by the U.S. 
International Trade Commission (``ITC'') of the antidumping duty order 
on OCTG from Argentina (USITC Pub. No. 3434 (June 2001));
    [sbull] The DOC's determination to continue the antidumping duty 
order on OCTG from Argentina (66 FR 38630 (July 25, 2001));
    [sbull] Sections 751(c) and 752 of the Tariff Act of 1930, as 
amended;
    [sbull] The URAA Statement of Administrative Action, H.R. Doc. No. 
103-316, vol. 1 (1994);
    [sbull] The DOC's Sunset Policy Bulletin (63 FR 18871 (April 16, 
1998));
    [sbull] The DOC's sunset review regulations, 19 CFR Sec.  351.218; 
and
    [sbull] The ITC's sunset review regulations, 19 CFR Sec. Sec.  
207.60-69.
    With respect to the claims of WTO-inconsistency, Argentina's 
request for consultations refers to the following:

[[Page 3293]]

    [sbull] The DOC failed to base the initiation of its sunset review 
on sufficient evidence that the termination of the antidumping duty 
order would likely lead to a continuation or recurrence of dumping;
    [sbull] The use by the United States of a de minimis standard of 
0.5 percent in a sunset review;
    [sbull] The DOC's misapplication of the ``likelihood'' standard;
    [sbull] The U.S. standard for determining whether the termination 
of antidumping orders would be ``likely'' to lead to the continuation 
or recurrence of injury;
    [sbull] The failure by the ITC to conduct an ``objective 
examination'' of the record and its failure to base its determination 
of ``positive evidence''; and
    [sbull] The U.S. statutory requirements that the ITC determine 
whether injury would be likely to continue or recur ``within a 
reasonably foreseeable time'' and that the ITC ``shall consider that 
the effects of revocation or termination may not be imminent, but may 
manifest themselves only over a longer period of time''.

Requirements for Submissions

    Interested persons are invited to submit written 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 ``Argentina 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. 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. 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 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 an 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 No. WT/DS-268, Argentina Sunset Dispute) may be made by 
calling the USTR Reading Room at (202) 395-6168. 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. 03-1529 Filed 1-22-03; 8:45 am]
BILLING CODE 3190-01-M