[Federal Register Volume 69, Number 118 (Monday, June 21, 2004)]
[Notices]
[Pages 34414-34415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13948]


-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-280]


WTO Dispute Settlement Proceeding Regarding Countervailing Duty 
Measures on Certain Steel Plate From Mexico

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice of the establishment of a dispute 
settlement panel requested by the Government of Mexico under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement''). The Government of Mexico has requested that the panel 
review the calculation by the Department of Commerce (``Commerce'') of 
countervailing duties in the Final Results of Administrative Review in 
Certain Cut-to-Length Carbon Steel Plate from Mexico (C-201-810), 
published in the Federal Register on March 13, 2001. The Government of 
Mexico's request for the establishment of a panel alleges that 
Commerce's determination was inconsistent with various provisions of 
the Agreement on Subsidies and Countervailing Measures (``SCM 
Agreement''). USTR invites written comments from the public concerning 
the issues raised in this dispute.

[[Page 34415]]


DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before July 21, 2004 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], Attn: ``Mexican Steel Plate Dispute'' in the subject 
line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640, with a 
confirmation copy sent electronically to the e-mail address above.

FOR FURTHER INFORMATION CONTACT: Elizabeth V. Baltzan, 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 August 8, 2003, the Government of Mexico 
submitted a request for establishment of a dispute settlement panel to 
examine the final results of administrative review, in which Commerce 
concluded that imports of steel plate from Mexico were subsidized and 
sold in the United States.

Major Issues Raised and Legal Basis of the Complaint

    In the final results of administrative review, Commerce imposed 
countervailing duties following the application of what is known as the 
``change-in-ownership'' methodology. On the basis of this methodology, 
Commerce determined that the foreign producer was the ``same person'' 
before and after its privatization. According to the Government of 
Mexico, Commerce therefore concluded that the subsidies continued to 
confer a benefit on the foreign producer, for which reason 
countervailing duties continued to be imposed.
    The Government of Mexico alleges that in so doing, Commerce did not 
fulfill its obligation to determine the existence of a subsidy and the 
benefit to the recipient. The Government of Mexico further alleges that 
failure to fulfill this obligation constitutes a violation of Articles 
10, 14, 19, and 21 of the SCM Agreement.
    On June 30, 2003, Commerce published in the Federal Register a 
Notice of Final Modification of Agency Practice Under section 123 of 
the Uruguay Round Agreement Act (``Notice''), in which Commerce 
modified its ``change in ownership'' methodology, including the ``same 
person'' test. According to the Notice, the modification is applicable 
to investigations and reviews initiated on or after June 30, 2003. 
Commerce did not apply the modified methodology to the administrative 
review that is the subject of this dispute as the review predated the 
modification.

Public Comment: 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 
``Mexican Steel Plate 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.

Bruce R. Hirsh,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 04-13948 Filed 6-18-04; 8:45 am]
BILLING CODE 3190-W4-P