[Federal Register Volume 69, Number 135 (Thursday, July 15, 2004)]
[Notices]
[Pages 42493-42494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16022]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


WTO Dispute Settlement Proceeding Regarding the United States 
International Trade Commission Final Determination of Material Injury 
in the Investigation Concerning Hard Red Spring Wheat From Canada

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 the Government of Canada has 
requested establishment of a dispute settlement panel to examine the 
United States International Trade Commission (``ITC'') final 
determination of material injury with respect to red hard spring wheat 
from Canada. The panel request alleges that the ITC's determination is 
inconsistent with Article VI of the General Agreement on Tariffs and 
Trade 1994 (``GATT 1994'') and various provisions of 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: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before September 15, 2004 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], Attn: ``Canada Wheat Injury (DS310)'' 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: Mikhail S. Zeldovich, Assistant 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC 20508, (202) 395-3150.

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. If a dispute settlement panel is established pursuant to the WTO 
Dispute Settlement Understanding (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 and Legal Basis of the Complaint

    In its determination of October 3, 2003, published in the Federal 
Register on October 23, 2002, the ITC found that imports of red hard 
spring wheat from Canada, which the U.S. Department of Commerce found 
to be subsidized and sold at less than fair value, caused material 
injury to an industry in the United States. The reasons for the ITC's 
determination are set forth in USITC Publication No. 3639 (October 
2003).
    On June 11, 2004, Canada submitted a request that a dispute 
settlement panel be established regarding the ITC's determination. That 
request may found at www.wto.org contained in a document designated as 
WT/DS310/2.
    In its request, Canada alleges that the United States has violated 
Article VI:6(a) of the GATT 1994, Articles 1, 3, and 18.1 of the Anti-
Dumping Agreement, and Articles 10, 15, 19.1, and 32.1 of the SCM 
Agreement. Canada alleges that these violations stem from certain 
errors in the ITC's determination. In particular, Canada claims that 
the United States:

    (i) ``Violated Article 3.1 of the Anti-Dumping Agreement and 
Article 15.1 of the SCM Agreement by * * * failing to conduct an 
objective examination of both (a) the volume of the dumped and 
subsidized imports and the effect of those imports on prices in the 
domestic market for like products, and (b) the consequent impact of 
those imports on domestic producers of such products;''
    (ii) ``violated Article 3.2 of the Anti-Dumping Agreement and 
Article 15.2 of the SCM Agreement by failing to properly consider 
the effect of the dumped and subsidized imports on prices, including 
whether there had been a significant price undercutting by the 
dumped and subsidized imports and whether the effect of those 
imports was otherwise to depress prices to a significant degree;''
    (iii) ``violated Article 3.4 of the Anti-Dumping Agreement and 
Article 15.4 of the SCM Agreement by failing to properly examine the 
impact of the dumped and subsidized imports on the domestic industry 
concerned;''
    (iv) ``violated Article 3.5 of the Anti-Dumping Agreement and 
Article 15.5 of the SCM Agreement'' by ``failing to demonstrate a 
causal relationship between the dumped and subsidized imports and 
the injury to the domestic industry'' and ``failing to examine known 
factors other than the dumped and subsidized imports which were 
injuring the domestic industry and further failing to ensure that 
the injuries caused by these other factors were not attributed to 
the dumped and subsidized imports;''
    (v) ``{i{time} n making a final determination of injury * * * 
violated Articles 1 and 18.1 of the Anti-Dumping Agreement, Articles 
10, 19.1, and 32.1 of the SCM Agreement and Article VI:6(a) of the 
GATT 1994.''

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 
``Canada Wheat Injury (DS310)'' in the subject line. For documents sent 
by fax, USTR requests that the submitter provide a confirmation copy to 
the electronic mail address listed above.

[[Page 42494]]

    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 designated as such 
and the submission must be 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 clearly so designate the information or advice;
    (2) Must clearly mark the material as ``Submited in Confidence'' at 
the top and bottom of each page of the cover page and each succeeding 
page; 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-310, Canada Wheat Injury 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 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. 04-16022 Filed 7-14-04; 8:45 am]
BILLING CODE 3190-W4-P