[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Notices]
[Pages 33575-33576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11372]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-322]


WTO Dispute Settlement Proceeding Regarding Measures Relating to 
Zeroing and Sunset Reviews Involving Certain Products From Japan

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, at the request of the Government 
of Japan, a dispute settlement panel under the Marrakesh Agreement 
Establishing the World Trade Organization (``WTO Agreement'') is 
reviewing various measures relating to antidumping duty orders on 
certain products from Japan. Japan alleges that determinations made by 
U.S. authorities concerning this product, and certain related matters, 
are inconsistent with Articles 1, 2, 3, 5, 9, 11, and 18 of the 
Agreement on Implementation of Article VI of the General Agreements 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. 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 June 27, 2005, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ``Japan Zeroing & Sunset'' in the subject line, 
or (ii) by fax, to Sandy McKinzy at (202) 395-3640, with a confirmation 
copy sent electronically to the address above, in accordance with the 
requirements for submission set out below.

FOR FURTHER INFORMATION CONTACT: Elizabeth Baltzan, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-3582.

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, USTR is providing notice that a 
dispute settlement panel has been established pursuant to the WTO 
Dispute Settlement Understanding (``DSU''). The panel will hold its 
meetings in Geneva, Switzerland.

Major Issues Raised by Japan

    With respect to the measures at issue, Japan's panel request refers 
to the following:
     The imposition of anti-dumping duties on Certain Cut-to-
Length Carbon Quality Steel Plate products from Japan (64 FR 73215, 13 
December 1999);
     The imposition of anti-dumping duties on Tapered Roller 
Bearings, Four Inches or Less in Outside Diameter, and Components 
Thereof, from Japan (66 FR 15078, 15 March 2001);
     The imposition of anti-dumping duties on Tapered Roller 
Bearings and Parts Thereof, Finished and Unfinished, from Japan (65 FR 
11767, 6 March 2000);
     The imposition of anti-dumping duties on Tapered Roller 
Bearings and Parts Thereof, Finished and Unfinished, from Japan (66 FR 
15078, 15 March 2001);
     The imposition of anti-dumping duties on Ball Bearings and 
Parts Thereof from Japan (65 FR 49219, 11 August 2000);
     The imposition of anti-dumping duties on Cylindrical 
Roller Bearings and Parts Thereof from Japan (65 FR 49219, 11 August 
2000);
     The imposition of anti-dumping duties on Spherical Plain 
Bearings and Parts Thereof from Japan (65 FR 49219, 11 August 2000);
     The imposition of anti-dumping duties on Ball Bearings and 
Parts Thereof from Japan (66 FR 36551, 12 July 2001);
     The imposition of anti-dumping duties on Cylindrical 
Roller Bearings and Parts Thereof from Japan (66 FR 36551, 12 July 
2001);
     The imposition of anti-dumping duties on Spherical Plain 
Bearings and Parts Thereof from Japan (66 FR 36551, 12 July 2001);
     The imposition of anti-dumping duties on Ball Bearings and 
Parts Thereof from Japan (67 FR 55780, 30

[[Page 33576]]

August 2002, as amended by 67 FR 63608, 15 October 2002);
     The imposition of anti-dumping duties on Ball Bearings and 
Parts Thereof from Japan (69 FR 55574, 15 September 2004);
     The Final Results of the USDOC in the Expedited Sunset 
Review of Antifriction Bearings from Japan (64 FR 60275, 4 November 
1999), and the Determination of the USITC in Certain Bearings from 
China, France, Germany, Hungary, Italy, Japan, Romania, Singapore, 
Sweden, and the United Kingdom, Investigations Nos. AA-1921-143, 731-
TA-341, 731-TA-343-345, 731-TA-391-397, and 731-TA-399 (Review);
     Final Results of the USDOC in the Full Sunset Review of 
Corrosion-Resistant Carbon Steel Flat Products from Japan (65 FR 47380, 
2 August 2000), and the Determination of the USITC in Certain Carbon 
Steel Products from Australia, Belgium, Brazil, Canada, Finland, 
France, Germany, Japan, Korea, Mexico, Netherlands, Poland, Romania, 
Spain, Sweden, Taiwan, and United Kingdom, Investigations Nos. AA-1921-
197, 701-TA-231, 319-320, 322, 325-328, 340, 342, and 348-350, and 731-
TA-573-576, 578, 582-587, 604, 607-608, 612, and 614-618 (Review).
     The Tariff Act of 1930, as amended, in particular, 
sections 731, 751, 752, 771(7), 771(35)(A), 771(35)(B) and 777A(d);
     The Statement of Administrative Action that accompanied 
the Uruguay Round Agreements Act, H.R. Doc. No. 103-316, vol. 1 (1994);
     The implementing regulations of the USDOC, 19 CFR section 
351;
     The USDOC Import Administration's Antidumping Manual (1997 
edition), including the AD Margin Calculation computer program(s) to 
which it refers.
    With respect to the claims of WTO-inconsistency, Japan's panel 
request refers to the following:
     In original investigations, periodic reviews, new shipper 
reviews, sunset reviews and changed circumstances reviews where the 
redetermination of margins of dumping occurs, USDOC artificially 
inflates the dumping margins by ``zeroing'';
     In injury investigations, USITC determinations based on 
``zeroing'' are WTO-inconsistent;
     In sunset reviews, USDOC and USITC determinations based on 
``zeroing'' are WTO-inconsistent;
     In changed circumstances reviews, determinations based on 
``zeroing'' are WTO-inconsistent.

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 
``Japan Sunset & Zeroing'' in the subject line. For documents sent by 
fax, USTR requests that the submitter provide a confirmation copy 
electronically, 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.
    Comments must be in English. 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 ``SUBMITTED 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-322, Japan Sunset & Zeroing 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 12 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. 05-11372 Filed 6-7-05; 8:45 am]
BILLING CODE 3110-W5-P