[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Notices]
[Pages 136-137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28674]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS319]


WTO Dispute Settlement Proceeding Regarding Section 776 of the 
Tariff Act of 1930 and Antidumping Duty Investigation on Stainless 
Steel Bar From the United Kingdom

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 European Communities (``EC'') 
has requested dispute settlement consultations under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO Agreement'') 
regarding the U.S. antidumping duty (``AD'') investigation on stainless 
steel bar from the United Kingdom. That request may be found at http://www.wto.org contained in a document designated as WT/DS319/1. 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 January 10, 2005, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ``Attn: UK Steel Bar (DS319)'' in the subject 
line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640. For documents 
sent by fax, USTR requests that the submitter provide a confirmation 
copy to the electronic mail address listed above.

FOR FURTHER INFORMATION CONTACT: Amy A. Karpel, 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. Consistent with this obligation, but in an effort to provide 
additional opportunity for comment, USTR is providing notice that 
consultations have been requested pursuant to the WTO Understanding on 
Rules and Procedures Governing the Settlement of Disputes (``DSU''). If 
such consultations should fail to resolve the matter and a dispute 
settlement panel is established pursuant to the 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 by the EC

    On November 5, 2004, the EC requested consultations with the United 
States pursuant to Article 4 the DSU, Article XXII:1 of the General 
Agreement on Tariffs and Trade 1994 (``GATT 1994''), and Article 17 of 
the Agreement on Implementation of Article VI of the General Agreement 
on Tariffs and Trade 1994 (the ``ADA'') with respect to Section 776 of 
the Tariff Act of 1930, as amended, determinations of dumping by the 
U.S. Department of Commerce (``DOC'') with respect to Firth Rixson 
Special Steels Limited (FRSS), 67 FR 3146 (January 23, 2002), and the 
imposition of an antidumping duty order by the DOC with respect to FRSS 
with dumping margins of 125.77%, 67 FR 10381 (March 7, 2002). The EC 
asserts that the DOC refused to verify data submitted by FRSS and 
rejected such data for the determination of the margin of dumping for 
FRSS, decided to employ an ``adverse inference'' in the selection of 
facts available with respect to FRSS, and relied on information 
contained in the complaint for the establishment of the margin of 
dumping and antidumping duty for FRSS. According to the EC, the DOC 
determinations in this investigation and Section 776 of the Tariff Act 
of 1930 are inconsistent with Articles 1, 6, and 18.4 and Annex II of 
the Agreement on the Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 (``AD Agreement''), Article VI of 
the General Agreement on Tariffs and Trade 1994 (``GATT 1994'') and 
Article XVI:4 of the WTO Agreement.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this dispute. Persons may submit their 
comments either (i) electronically to [email protected], with ``Attn: 
UK Steel Bar (DS319)'' in the subject line, or (ii) by fax, to Sandy 
McKinzy at (202) 395-3640. For documents sent by fax, USTR requests 
that the submitter provide a confirmation copy 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 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.
    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 submitter believes that information 
or advice may qualify as such, the submitter--
    (1) Must clearly 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; 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/DS319, UK Steel Bar), may be made by

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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.

Bruce R. Hirsh,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 04-28674 Filed 12-30-04; 8:45 am]
BILLING CODE 3190-W5-P