[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Notices]
[Pages 43249-43250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18465]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-296]


WTO Dispute Settlement Proceeding Regarding Countervailing Duty 
Investigation on Dynamic Random Access Memory Semiconductors (DRAMS) 
From Korea

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 30, 2003, the United States 
received from the Republic of Korea a request for consultations under 
the Marrakesh Agreement Establishing the World Trade Organization 
(``WTO Agreement'') regarding the U.S. countervailing duty (``CVD'') 
investigation on dynamic random access memory semiconductors 
(``DRAMS'') from Korea. Korea asserts that existing and future 
determinations made in this investigation, as well as related U.S. laws 
and regulations, are inconsistent with Articles 1, 2, 10, 11, 12, 14, 
17, 22, and 32.1 of the Agreement on Subsidies and Countervailing 
Measures (``SCM Agreement''), and Articles VI:3 and X:3 of the General 
Agreement on Tariffs and Trade 1994 (``GATT 1994''). 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 ``Korea DRAMS (DS296)'' 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

[[Page 43250]]

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 Korea

    With respect to the measures at issue, Korea's request for 
consultations refers to the following:
    [sbull] The affirmative preliminary CVD determination by the U.S. 
Department of Commerce (``DOC''), 68 FR 16766 (April 7, 2003);
    [sbull] The affirmative final CVD determination by the DOC, 68 FR 
37122 (June 23, 2003);
    [sbull] The affirmative preliminary injury determination by the 
U.S. International Trade Commission (``USITC''), 67 FR 79418 (December 
27, 2002);
    [sbull] Any subsequent determinations that may be made during the 
USITC's injury investigation in DRAMS and DRAM Modules from Korea (Inv. 
No. 701-TA-431); and
    [sbull] The related laws and regulations, including section 771 of 
the Tariff Act of 1930 and 19 CFR 351.
    With respect to the claims of WTO-inconsistency, Korea's request 
for consultations refers to the following:
    [sbull] The DOC failed to demonstrate the existence of a financial 
contribution by the Government of Korea.
    [sbull] The DOC failed to examine each separate alleged government 
measure at issue in the investigation.
    [sbull] The DOC failed to demonstrate that a benefit was conferred 
on the respondent Hynix Semiconductor Inc., given available market 
benchmarks.
    [sbull] The ``creditworthy,'' ``equityworthy,'' and other analysis 
required by section 771(5) of the Tariff Act of 1930 and 19 CFR 351.
    [sbull] Section 771(5) and (5A) of the Tariff Act of 1930 and 19 
CFR 351 impose and the DOC applied an improper burden of proof on 
respondents and, in turn, the DOC did not base its decisions on 
affirmative, objective, and verifiable evidence.
    [sbull] The DOC did not base its decision to initiate its CVD 
investigation on sufficient evidence.
    [sbull] The DOC conducted various verification meetings over the 
explicit objection of the Government of Korea.
    [sbull] The DOC imposed provisional measures based on a flawed 
analysis of financial contribution, benefit, and other factual and 
legal issues.
    [sbull] The DOC failed to provide all relevant information on the 
matters of fact and law and reasons for its determinations.
    [sbull] The DOC failed to conduct its investigation and make 
determinations in accordance with fundamental substantive and 
procedural requirements.
    The consultation request does not refer to any WTO-inconsistent 
action by the USITC, nor does it refer to any WTO-inconsistencies with 
respect to those provisions of U.S. laws and regulations dealing with 
injury determinations in CVD investigations.

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 
``Korea DRAMS (DS296)'' 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-296, Korea DRAMS) 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. 03-18465 Filed 7-18-03; 8:45 am]
BILLING CODE 3190-01-M