[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Notices]
[Pages 43248-43249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18464]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-294]


WTO Dispute Settlement Proceeding Regarding Offsets to Calculated 
Dumping Margins for Instances of Non-Dumping

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 June 12, 2003, 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 offsets to calculated 
dumping margins for instances of non-dumping. The EC asserts that 
various U.S. statutes, regulations, methodologies and determinations 
are inconsistent with Articles 1, 2.4, 5.8, 9.3, 9.5, 11, 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 VI:1 
and VI:2 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 28, 2003, to be assured of timely 
consideration by USTR.

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

    With respect to the measures at issue, the EC's request for 
consultations refers to the following:
    [sbull] The Tariff Act of 1930, in particular sections 751, 
771(35)(A) and 771(35)(B);
    [sbull] The implementing regulations of the U.S. Department of 
Commerce (``DOC''), 19 CFR Part 351, in particular section 
351.414(c)(2);
    [sbull] The methodology of the DOC for determining the dumping 
margin in investigations on the basis of the comparison of a weighted 
average normal value with a weighted average export price;
    [sbull] The methodology of the DOC for determining the dumping 
margin in reviews;
    [sbull] The determinations of dumping by the DOC, the 
determinations of injury by the U.S. International Trade Commission 
(``ITC''), and the DOC notices for the imposition of the antidumping 
duty in the following investigations: \1\
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    \1\ For the precise EC description of these determinations and 
notices, including the dates of publication in the Federal Register, 
see Annex I of the EC's consultation request, which is available on 
the WTO Web site's document distribution facility as document ``WT/
DS294/1''.
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    [sbull] Certain hot-rolled carbon steel from the Netherlands, DOC 
Case No. A-421-807, ITC Case No. A-903;
    [sbull] Stainless steel bar from France, DOC Case No. A-427-820, 
ITC Case No. A-913;
    [sbull] Stainless steel bar from Germany, DOC Case No. A-428-830, 
ITC Case No. A-914;
    [sbull] Stainless steel bar from Italy, DOC Case No. A-475-829, ITC 
Case No. A-915;
    [sbull] Stainless steel bar from the United Kingdom, DOC Case No. 
A-412-822, ITC Case No. A-918; and
    [sbull] The final results of the administrative reviews by the DOC 
in the following proceedings: \2\
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    \2\ For the precise EC description of these final results, see 
Annex II of the EC's consultation request, which is available on the 
WTO Web site's document distribution facility as document ``WT/
DS294/1''.
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    [sbull] Industrial nitrocellulose from France, DOC Case No. A-427-
009, 66 FR 54213 (Oct. 26, 2001);
    [sbull] Industrial nitrocellulose from the United Kingdom, DOC Case 
No. A-412-803, 67 FR 77747 (Dec. 19, 2002);
    [sbull] Stainless steel plate in coils from Belgium, DOC Case No. 
A-423-808, 67 FR 64352 (Oct. 18, 2002);
    [sbull] Certain pasta from Italy, DOC Case No. A-475-818, 66 FR 300 
(Jan. 3, 2002), amended 67 FR 5088 (Feb. 4, 2002);
    [sbull] Certain pasta from Italy, DOC Case No. A-475-818, 68 FR 
6882 (Feb. 11, 2003);
    [sbull] Stainless steel sheet and strip in coils from Italy, DOC 
Case No. A-475-824, 67 FR 1715 (Jan. 14, 2002);
    [sbull] Stainless steel sheet and strip in coils from Italy, DOC 
Case No. A-475-824, 68 FR 6719 (Feb. 10, 2003);
    [sbull] Granular polytetrafluoenthylene [sic] from Italy, DOC Case 
No. A-475-703, 67 FR 1960 (Jan. 15, 2002);
    [sbull] Granular polytetrafluoenthylene [sic] from Italy, DOC Case 
No. A-475-703, 68 FR 2007 (Jan. 15, 2003);
    [sbull] Stainless steel sheet and strip in coils from France, DOC 
Case No. A-427-814, 67 FR 6493 (Feb. 12, 2002), amended 67 FR 12522 
(March 19, 2002);
    [sbull] Stainless steel sheet and strip in coils from France, DOC 
Case No. A-427-814, 67 FR 78773 (Dec. 26, 2002), amended 68 FR 4171 
(Jan. 28, 2003);
    [sbull] Stainless steel sheet and strip in coils from Germany, DOC 
Case No. A-428-825, 67 FR 7668 (Feb. 20, 2002), amended 67 FR 15178 
(March 29, 2002);
    [sbull] Stainless steel sheet and strip in coils from Germany, DOC 
Case No. A-428-825, 68 FR 6716 (Feb. 10, 2003);
    [sbull] Ball bearings from France, DOC Case No. A-427-801, 67 FR 
55780 (Aug. 30, 2002);

[[Page 43249]]

    [sbull] Ball bearings from Italy, DOC Case No. A-475-801, 67 FR 
55780 (Aug. 30, 2002);
    [sbull] Ball bearings from the United Kingdom, DOC Case No. A-412-
801 (Aug. 30, 2002).
    With respect to the claims of WTO-inconsistency, the EC request for 
consultations refers to the following:
    [sbull] In new investigations, the comparison of export prices and 
normal values on a weighted average to weighted average basis without 
any offset for instances of non-dumping;
    [sbull] In reviews, the comparison of export prices and normal 
values on a weighted average to transaction basis and without any 
offset for instances of non-dumping in circumstances other than those 
specified in Article 2.4.2. of the AD Agreement;
    [sbull] The impact of not offsetting calculated dumping margins 
with instances of non-dumping in the determination of ``dumped 
imports'' in the injury investigation;
    [sbull] The determination of dumping margins above the de minimis 
level as a result of the absence of an offset to calculated dumping 
margins for instances of nondumping, and the consequent imposition, 
continuation or collection of an antidumping duty; and
    [sbull] With respect to the investigations and administrative 
reviews identified above, the level of the dumping margins determined 
in the absence of an offset to calculated dumping margins for instances 
of non-dumping.

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 fax to Sandy McKinzy at (202) 395-
3640, or transmit a copy electronically to [email protected], with 
``Dumping Margin Offset (DS294)'' 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; 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-294, Dumping Margin Offset (DS294)) 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. 03-18464 Filed 7-18-03; 8:45 am]
BILLING CODE 3190-01-M