[Federal Register Volume 68, Number 93 (Wednesday, May 14, 2003)]
[Notices]
[Pages 25927-25928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12036]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-277]


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 International Trade Representative.

ACTION: Notice; request for comments.

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SUMMARY: The Office of the United States International Trade 
Representative (``USTR'') is providing notice of the request by the 
Government of Canada for the establishment of a dispute settlement 
panel under the Marrakesh Agreement Establishing the World Trade 
Organization (``WTO Agreement'') to examine the International Trade 
Commission (``ITC'') final determination of threat of material injury 
with respect to certain softwood lumber from Canada.
    The request for the establishment of a panel 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: Athough USTR will accept any comments received during the course 
of the dispute settlement proceedings, comments should be submitted on 
or before June 30, 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 KcKinzy at (202) 395-3640, with a confirmation 
copy sent electronically to the e-mail 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: 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 3, 2003, the Government of Canada 
submitted a request for establishment of a dispute settlement panel to 
examine the U.S. International Trade Commission (``ITC'') final 
determination that an industry in the United States is threatened with 
material injury by reason of imports of softwood lumber from Canada 
determined by the U.S. Department of Commerce to have been subsidized 
and sold in the United States at less than fair value.

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 that 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. Consultations were held on January 
22, 2003.
    In its request for the establishment of a panel, Canada alleges 
that the United States has violated Article VI:6(a) of the GATT 1994; 
Articles 1, 3.1, 3.2, 3.4, 3.5, 3.7, 3.8, 12.2, 12.2.2, and 18.1 of the 
Anti-dumping Agreement; and Articles 10, 15.1, 15.2, 15.4, 15.5, 15.7, 
15.8, 22.3, 22.5 and 32.1 of the SCM

[[Page 25928]]

Agreement. Canada alleges that these violations stem from certain 
errors in the ITC's determination. In particular, Canada claims that 
the ITC:
    1. Failed to objectively evaluate the volume of dumped and 
subsidized imports from Canada, their impact on prices in the United 
States, and their impact on the U.S. industry;
    2. Failed to objectively evaluate injury or threat of injury to the 
U.S. industry caused by factors other than dumped and subsidized 
imports, and to ensure that the impact of those factors was not 
attributed to dumped and subsidized imports;
    3. Improperly determined that increased dumped and subsidized 
imports were imminent and were likely to exacerbate price pressure, 
which would materially injure the U.S. industry;
    4. Failed to properly evaluate a variety of factors that it should 
have evaluated in reaching a conclusion of threatened material injury;
    5. Failed to accord ``special care'' to its determination of 
threatened material injury;
    6. Failed to set forth sufficient detail in its report regarding 
its findings and conclusions, including all relevant information and 
all considerations relevant to its threatened material injury 
determination; and
    7. Failed to satisfy the requirements of Article 3 of the Anti-
dumping Agreement and Article 15 of the SCM Agreement.

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 
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'' at the top and bottom of the cover page and each 
succeeding page of the submission.
    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'' 
at the top and bottom of the cover page and each succeeding page of the 
submission; 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. 03-12036 Filed 5-13-03; 8:45 am]
BILLING CODE 3190-01-M