[Federal Register Volume 69, Number 118 (Monday, June 21, 2004)]
[Notices]
[Pages 34416-34418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13947]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-282]


WTO Dispute Settlement Proceeding Regarding Antidumping Measures 
on Oil Country Tubular Goods From Mexico

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, at the request of the Government 
of Mexico, a dispute settlement panel under the Marrakesh Agreement 
Establishing the World Trade Organization (``WTO Agreement'') is 
reviewing various measures relating to the antidumping duty order on 
oil country tubular goods (``OCTG'') from Mexico. Mexico alleges that 
determinations made by U.S. authorities concerning this product, and 
certain related matters, are inconsistent with Articles 1, 2, 3, 6, 11, 
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

[[Page 34417]]

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 July 7, 2004, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ``Mexico OCTG Dispute'' 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: Elizabeth Baltzan, 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, USTR is providing notice that a 
dispute settlement panel has been established pursuant to the WTO 
Dispute Settlement Understanding (``DSU''). The panel will hold its 
meetings in Geneva, Switzerland, and is expected to issue a report on 
its findings and recommendations sometime after March 2005.

Major Issues Raised by Mexico

    With respect to the measures at issue, Mexico's panel request 
refers to the following:
     The final sunset review determinations on OCTG from Mexico 
by the U.S. Department of Commerce (``Commerce'') (66 FR 14131 (March 
9, 2001), and the U.S. International Trade Commission (``ITC'') (USITC 
Publication No. 3434 (June 2001) and 66 FR 35997 (July 10, 2001)), as 
well as the resulting continuation by Commerce of the antidumping duty 
order on OCTG from Mexico (66 FR 38630 (July 25, 2001));
     The final results of the fourth administrative review of 
the antidumping duty order on OCTG from Mexico (66 FR 15832 (March 21, 
2001);
     Sections 751 and 752 of the Tariff Act of 1930;
     The URAA Statement of Administrative Action, H.R. Doc. No. 
103-316, vol. 1 (1994);
     Commerce's Sunset Policy Bulletin (63 FR 18871 (April 16, 
1998));
     Commerce's sunset review regulations, 19 CFR 351.218;
     The ITC's sunset review regulations, 19 CFR 207.60-69; and
     Portions of Commerce's regulations governing 
administrative reviews, 19 CFR 351.213, 351.221, and 351.222.
    With respect to the claims of WTO-inconsistency, Mexico's panel 
request refers to the following:
     With regard to the sunset review conducted by Commerce, 
Commerce's ``likely'' standard, its determination in this regard, and 
Commerce's calculation of the likely dumping margin reported to the 
ITC, as such and as applied.
     With regard to the sunset review conducted by the ITC:
     The ITC's ``likely'' standard, as such and as applied;
     The statutory requirements that the ITC determine whether 
revocation of the order would be likely to lead to continuation or 
recurrence of material injury ``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'', both as such and as applied;
     The ITC's failure to conduct an ``objective examination'' 
of the record based on ``positive evidence'';
     The ITC's failure to base its determination on a proper 
analysis of dumped imports, their effect on prices in the domestic 
market, and the consequent impact of the dumped imports on the domestic 
industry;
     The ITC's failure to evaluate all relevant economic 
factors and indices having a bearing on the state of the domestic 
industry;
     The ITC's failure to consider ``any known factors other 
than the dumped imports'';
     The ITC's improper consideration of the WTO-inconsistent 
margin reported by Commerce; and
     The ITC's use of a ``cumulative'' injury analysis.
     With regard to the fourth administrative review conducted 
by Commerce:
     Commerce's determination not to revoke the antidumping 
duty order when it was demonstrated that the maintenance of the order 
was not necessary to offset dumping;
     Commerce's application of conditions for revocation on 
TAMSA that were not WTO-inconsistent and that had not been published in 
advance of their application; and
     Commerce's use of ``zeroing'' with respect to so-called 
``negative dumping margins'' with respect to Hylsa.
     The failure by Commerce and the ITC to apply U.S. 
antidumping laws, regulations, decisions and rulings in a uniform, 
impartial, and reasonable manner.

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 
``Mexico OCTG Dispute'' in the subject line. For documents sent by fax, 
USTR requests that the submitter provide a confirmation copy 
electronically, to the electronic mail address listed above. 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 submitting 
person. 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

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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-282, Mexico OCTG Dispute) 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. 04-13947 Filed 6-18-04; 8:45 am]
BILLING CODE 3190-W4-P