[Federal Register Volume 69, Number 165 (Thursday, August 26, 2004)]
[Notices]
[Pages 52525-52526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19521]


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INTERNATIONAL TRADE COMMISSION

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


Softwood Lumber From Canada

AGENCY: International Trade Commission.

ACTION: Scheduling 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 of the scheduling of 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 notice of institution for this 
proceeding was issued on July 30, 2004 (69 FR 47461, Aug. 5, 2004).
    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, subparts A and C (19 CFR part 207).

EFFECTIVE DATE: August 20, 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 for

[[Page 52526]]

this investigation 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 investigation under Title VII of the Tariff Act of 1930, ITC 
Investigation 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 this proceeding.--Only those persons who were 
interested parties to the original investigation (i.e., persons listed 
on the Commission Secretary's service list) may participate in this 
proceeding. See the Commission's notice of institution of this 
proceeding for information regarding participation and the limited 
disclosure of business proprietary information (BPI) under an 
administrative protective order (APO) (69 FR 47461, Aug. 5, 2004).
    Limitations on the scope of this proceeding.--This proceeding is 
being conducted in order for the Commission to make a determination 
that would render its action in Softwood Lumber from Canada, 
Investigations Nos. 701-TA-414 and 731-TA-928, not inconsistent with 
the findings of the WTO dispute settlement panel. Thus, this proceeding 
only involves issues related to the WTO dispute settlement findings and 
does not involve issues that were not in dispute in the WTO proceeding 
or on which the WTO dispute settlement panel found the United States in 
conformity with its obligations under the WTO. (The panel's findings 
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.) Therefore, this proceeding will not involve any 
issue relating to the Commission's definitions of the domestic like 
product and domestic industry (including related parties), and the 
Commission's findings regarding the Maritime Provinces, effects of the 
subsidies or dumping, consideration of the nature of the subsidy and 
its likely trade effects, and cross-cumulation. Any material in the 
interested parties' oral or written submissions that addresses any of 
these excluded issues will be disregarded.
    Staff report.--The prehearing staff report in this proceeding will 
be placed in the nonpublic record on September 30, and a public version 
will be issued thereafter, pursuant to section 207.22 of the 
Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with 
this proceeding beginning at 9:30 a.m. on October 13, at the U.S. 
International Trade Commission Building. Requests to appear at the 
hearing should be filed in writing with the Secretary to the Commission 
on or before October 6. All parties desiring to appear at the hearing 
and make oral presentations should attend a prehearing conference to be 
held at 9:30 a.m. on October 8, at the U.S. International Trade 
Commission Building. Oral testimony and written materials to be 
submitted at the public hearing are governed by sections 201.6(b)(2), 
201.13(f), and 207.24 of the Commission's rules. Parties must submit 
any request to present a portion of their hearing testimony in camera 
no later than 7 days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's rules 
and shall be limited to no more than fifty (50) double-spaced and 
single-sided pages of textual material; the deadline for filing is 
October 6. Parties may also file written testimony in connection with 
their presentation at the hearing, as provided in section 207.24 of the 
Commission's rules, and posthearing briefs, which must conform with the 
provisions of section 207.25 of the Commission's rules. The deadline 
for filing posthearing briefs is October 20; witness testimony must be 
filed no later than three days before the hearing. On October 29, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before November 1, but such final 
comments must not contain new factual information and must otherwise 
comply with section 207.30 of the Commission's rules. All written 
submissions must conform with the provisions of section 201.8 of the 
Commission's rules; any submissions that contain BPI must also conform 
with the requirements of sections 201.6, 207.3, and 207.7 of the 
Commission's rules. The Commission's rules do not authorize filing of 
submissions with the Secretary by facsimile or electronic means, except 
to the extent permitted by section 201.8 of the Commission's rules, as 
amended, 67 FR 68036 (November 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930 and section 129 of the URAA.

    Issued: August 23, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-19521 Filed 8-25-04; 8:45 am]
BILLING CODE 7020-02-P