[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Notices]
[Page 47461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17865]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-414 and 731-TA-928 (Section 129 Consistency 
Determination)]


Softwood Lumber From Canada

AGENCY: United States International Trade Commission.

ACTION: Institution of a proceeding under section 129(a)(4) of the 
Uruguay Round Agreements Act (URAA) (19 U.S.C. 3538(a)(4)).

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SUMMARY: The Commission hereby gives notice that it has instituted this 
proceeding following receipt on July 27, 2004, of a request from the 
United States Trade Representative (USTR) for a determination under 
section 129(a)(4) of the URAA that would render the Commission's action 
in connection with Investigations Nos. 701-TA-414 and 731-TA-928 not 
inconsistent with the findings of the dispute settlement panel of the 
World Trade Organization (WTO) in its report entitled, ``United 
States--Investigation of the International Trade Commission in Softwood 
Lumber From Canada,'' WT/DS277/R. A schedule for this proceeding will 
be established and announced at a later date. For further information 
concerning the conduct of this proceeding and rules of general 
application, consult the Commission's Rules of Practice and Procedure, 
part 201, subparts A through E (19 CFR part 201), and part 207, subpart 
A (19 CFR part 207).

EFFECTIVE DATE: August 5, 2004.

FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), Office of 
Investigations, or Robin L. Turner (202-205-3103), Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record of investigations Nos. 701-
TA-414 and 731-TA-928 may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background. On May 16, 2002, the Commission 
determined that an industry in the United States is threatened with 
material injury by reason of imports from Canada of softwood lumber 
found to be subsidized and sold in the United States at less than fair 
value (LTFV) (investigations Nos. 701-TA-414 and 731-TA-928, Softwood 
Lumber from Canada, USITC Pub. 3509 (May 2002). The Government of 
Canada subsequently requested review under the WTO Understanding on 
Rules and Procedures Governing the Settlement of Disputes. A WTO 
dispute settlement panel issued its final report, and found, inter 
alia, that action by the Commission in connection with its Softwood 
Lumber investigations under Title VII of the Tariff Act of 1930, ITC 
Investigations Nos. 701-TA-414 and 731-TA-928, is not in conformity 
with the obligations of the United States under the WTO Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and 
Trade 1994 and the WTO Agreement on Subsidies and Countervailing 
Measures. The panel's findings in this regard are set out in paragraphs 
7.87 to 7.96 and 7.122 of the panel report. Its conclusions based on 
these findings are set out in paragraphs 8.1 and 8.2 of the report. The 
panel report was adopted by the WTO Dispute Settlement Body on April 
26, 2004. The USTR transmitted his request for this determination 
following receipt from the Commission on July 14, 2004, of an advisory 
report under section 129(a)(1) stating that the Commission has 
concluded that Title VII of the Tariff Act of 1930 permits it to take 
steps in connection with its action in Softwood Lumber from Canada, 
Investigations Nos. 701-TA-414 and 731-TA-928, that would render its 
action in that proceeding not inconsistent with the findings of the 
dispute settlement panel.
    Participation in the investigation and public service list. Only 
those persons who were interested parties to the original 
investigations (i.e., persons listed on the Commission Secretary's 
service list) may participate in this proceeding. Such persons wishing 
to participate in this proceeding as parties must file an entry of 
appearance with the Secretary to the Commission, as provided in Sec.  
201.11 of the Commission's rules, no later than 21 days after 
publication of this notice in the Federal Register. The Secretary will 
maintain a public service list containing the names and addresses of 
all persons, or their representatives, who are parties to this 
proceeding.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list. Pursuant 
to Sec.  207.7(a) of the Commission's rules, the Secretary will make 
BPI submitted in this proceeding available to authorized applicants 
under the APO issued in this proceeding, provided that the application 
is made no later than 21 days after publication of this notice in the 
Federal Register. Authorized applicants must represent interested 
parties, as defined in 19 U.S.C. 1677(9), who are parties to this 
proceeding. Parties that received BPI under the APO in the original 
investigations that are also subject to the APO in the related NAFTA 
proceeding must file a new application to receive any information 
obtained and released during this proceeding. Pursuant to Sec.  
207.7(a) of the Commission's rules, the Secretary will make BPI 
gathered in the original investigations and in this proceeding 
available to additional authorized applicants, that are not subject to 
the APO in the related NAFTA proceeding (i.e., returned or destroyed 
all BPI received under the APO in the original investigations) or not 
covered under the original APO, provided that an application is made in 
this proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.

    Issued: July 30, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-17865 Filed 8-4-04; 8:45 am]
BILLING CODE 7020-02-P