[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Notices]
[Pages 63053-63055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17988]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS350]


WTO Dispute Settlement Proceeding Regarding Measures Related to 
Zeroing and Certain Investigations, Administrative Reviews and Sunset 
Reviews Involving Products From the European Communities

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 consultations with the United States under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO Agreement'') 
concerning various measures relating to zeroing and antidumping duty 
orders on certain products from the EC. The EC alleges that 
determinations made by U.S. authorities concerning these products, and 
certain related matters, are inconsistent with Articles 1, 2.1, 2.4, 
2.4.2, 5.8, 9.1, 9.3, 9.5, 11, 18.3 and 18.4 of the Agreement on 
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. That request may be found at http://www.wto.org contained in 
documents designated as WT/DS350/1 and WT/DS350/1/Add.1. USTR invites 
written comments from the public concerning the issues raised in this 
dispute. In connection with the issues raised in the request for 
consultations, the public should be aware that on March 6, 2006, the 
Department of Commerce announced that it will no longer use ``zeroing'' 
when making average-to-average comparisons in an antidumping 
investigation. See 71 FR 11189.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before November 15, 2006 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], Attn: ``EC Zeroing II (DS350)'' 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: Elissa Alben, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-9622.

SUPPLEMENTARY INFORMATION: 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 nine months 
after it is established.

Major Issues Raised by the EC

    With respect to the measures at issue, the EC's request for 
consultations refers to the following:
    1. The implementing regulations of the U.S. Department of Commerce 
(``DOC''), Sec.  19 CFR Part 351, in particular Sec.  351.414(c)(2);
    2. The methodology of the DOC for determining the dumping margin in 
reviews on the basis of the comparison of a weighted average normal 
value with individual export prices;
    3. The determinations of dumping by the DOC, the determinations of 
injury by the U.S. International Trade Commission (``ITC''), the DOC 
notices

[[Page 63054]]

for the imposition of the antidumping duty, and any automatic 
assessment instructions issued pursuant to them, in the following 
investigations:\1\
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    \1\ For the precise EC description of these determinations and 
notices, including the dates of publication in the Federal Register, 
see Annex I of the EC's consultation request, which is available on 
the WTO Web site's document distribution facility as document ``WT/ 
DS350/1'' and document ``WT/DS350/Add.1''.
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     Purified carboxymethylcellulose from Switzerland, DOC Case 
No. A-401-808, ITC Case No. 731-TA-1087;
     Purified carboxymethylcellulose from the Netherlands, DOC 
Case No. A-421-811, ITC Case No. 731-TA-1086;
     Purified carboxymethylcellulose from Finland, DOC Case No. 
A-405-803, ITC Case No. 731-TA-1084;
     Chlorinated isocyanurates from Spain, DOC Case No. A-469-
814, ITC Case No. 731-TA-1083;
    4. The final results of the administrative reviews by the DOC in 
the following proceedings, and any assessment instructions issued 
pursuant to them:
     Ball Bearings from France, DOC Case No. A-427-801, 68 FR 
35623 (June 16, 2003), amended 68 FR 43712 (July 24, 2003);
     Ball Bearings from Germany, DOC Case No. A-428-801, 68 FR 
35623 (June 16, 2003);
     Ball Bearings from Italy, DOC Case No. A-475-801, 68 FR 
35623 (June 16, 2003);
     Stainless Steel Sheet and Strip Coils from Italy, DOC Case 
No. A-475-824, 68 FR 69382 (December 12, 2003);
     Certain Pasta from Italy, DOC Case No. A-475-818, 69 FR 
6255 (February 10, 2004), amended 69 FR 81 (April 27, 2004);
     Stainless Steel Sheet and Strip Coils from Germany, DOC 
Case No. A-428-825, 69 FR 6262, (February 10, 2004);
     Certain Hot-rolled Carbon Steel Flat Products from 
Netherlands, DOC Case No. A-421-807, 69 FR 115, (June 16, 2004), 
amended 69 FR 43801 (July 22, 2004);
     Stainless Steel Bar from Germany, DOC Case No. A-428-830, 
69 FR 113 (June 14, 2004);
     Stainless Steel Bar from Italy, DOC Case No. A-475-829, 69 
FR 113 (June 14, 2004);
     Antifriction Bearings and Parts thereof from France, DOC 
Case No. A-427-801, 69 FR 55574 (September 15, 2004), amended 69 FR 
62023 (October 22, 2004);
     Antifriction Bearings and Parts thereof from Germany, DOC 
Case No. A-428-801, 69 FR 55574 (September 15, 2004), amended 69 FR 
63507 (November 2, 2004);
     Antifriction Bearings and Parts thereof from Italy, DOC 
Case No. A-475-801, 69 FR 55574 (September 15, 2004), amended 69 FR 
62023 (October 22, 2004);
     Antifriction Bearings and Parts thereof from the United 
Kingdom, DOC Case No. A 412-801, 69 FR 55574 (September 15, 2004), 
amended 69 FR 62023 (October 22, 2004);
     Stainless Steel Plate in Coils from Belgium, DOC Case No. 
A-423-808, 69 FR 74495 (December 14, 2004), amended 70 FR 2999 (January 
19, 2005);
     Stainless Steel Sheet and Strip in Coils from Germany, DOC 
Case No. A-428-825, 69 FR 75930, (December 20, 2004);
     Steel Concrete Reinforcing Bars from Latvia, DOC Case No. 
A-449-804, 69 FR 74498 (December 14, 2004);
     Certain Pasta from Italy, DOC Case No. A-475-818, 70 FR 
6832 (February 9, 2005);
     Certain Hot-rolled Carbon Steel Flat Products from the 
Netherlands, DOC Case No. A-421-807, 70 FR 18366 (April 11, 2005);
     Stainless Steel Bar from Germany, DOC Case No. A-428-830, 
71 FR 42802 (July 28, 2006), amended 71 FR 52063 (September 1, 2006);
     Stainless Steel Bar from France, DOC Case No. A-427-820, 
70 FR 46482 (August 10, 2005);
     Ball Bearings and parts thereof from France, DOC Case No. 
A-427-801, 70 FR 54711 (September 16, 2005);
     Ball Bearings and parts thereof from Germany, DOC Case No. 
A-428-801, 70 FR 54711 (September 16, 2005);
     Ball Bearings and parts thereof from Italy, DOC Case No. 
A-475-801, 70 FR 54711 (September 16, 2005);
     Ball Bearings and parts thereof from the United Kingdom, 
DOC Case No. A-412-801, 70 FR 54711 (September 16, 2005);
     Certain Pasta from Italy, DOC Case No. A-475-818, 70 FR 
71464 (November 29, 2005);
     Stainless Steel Plate in Coils from Belgium, DOC Case No. 
A-423-808, 70 FR 72789 (December 7, 2005);
     Stainless Steel Sheet and Strip in Coils from Germany, DOC 
Case No. A-428-825, 70 FR 73729 (December 13, 2005);
     Steel Concrete Reinforcing Bars from Latvia, DOC Case No. 
A-449-804, 71 FR 7016 (February 10, 2006);
     Stainless Steel Bar from France, DOC Case No. A-427-820, 
71 FR 30873 (May 31 2006);
     Ball Bearings and parts thereof from France, DOC Case No. 
A-427-801, 71 FR 40064 (July 14, 2006);
     Ball Bearings and parts thereof from Germany, DOC Case No. 
A-428-801, 71 FR 40064 (July 14, 2006);
     Ball Bearings and parts thereof from Italy, DOC Case No. 
A-475-801, 71 FR 40064 (July 14, 2006);
     Steel Concrete Reinforcing Bars from Latvia, DOC Case No. 
A-449-804, 71 FR 45031 (August 8, 2006);
     Stainless Steel Sheet and Strip in Coils from Italy, DOC 
Case No. A-475-824, 70 FR 7472 (February 14, 2005), amended 70 FR 13009 
(March 17, 2005);
     Stainless Steel Sheet and Strip in Coils from Germany, DOC 
Case No. A-428-825, 71 FR 45024 (August 8, 2006); and
    5. The final results of the sunset review in the following 
proceeding:
     Brass Sheet and Strip from Germany, DOC Case No. A-428-
602, ITC Case No. 731-TA-317.

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], Attn: ``EC 
Zeroing II (DS350)'' 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--

[[Page 63055]]

    (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; 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 or in the event 
of an appeal from such a panel, the U.S. submissions, the submissions, 
or non-confidential summaries of submissions, received from other 
participants in the dispute; 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-350, EC Zeroing II) 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. E6-17988 Filed 10-26-06; 8:45 am]
BILLING CODE 3190-W7-P