[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Notices]
[Pages 77822-77823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22186]


-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS344]


WTO Dispute Settlement Proceeding Regarding Antidumping Measures 
on Stainless Steel Sheet and Strip Coils From Mexico

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that on October 26, 2006, the Dispute Settlement Body 
established, at the request of Mexico, a panel under the Marrakesh 
Agreement Establishing the World Trade Organization (WTO Agreement) 
concerning certain U.S. antidumping orders against stainless steel 
sheet and strip coils (Department of Commerce Case No. A-201-822). That 
request may be found at http://www.wto.org contained in a document 
designated as WT/SD344/4. 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 February 28, 2007 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) Electronically, to 
[email protected], with ``Mexico Zeroing II (DS344)'' in the subject 
line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640, with a 
confirmation copy sent electronically to the electronic mail address 
above, in accordance with the requirements for submission set out 
below.

FOR FURTHER INFORMATION CONTACT: Elizabeth V. Baltzan, Associate 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC, (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.

Major Issues Raised by Mexico

    On October 12, 2006, Mexico requested the establishment of a panel 
regarding the Department of Commerce's use of ``zeroing'' in 
investigations and administrative reviews. Mexico challenges the 
following determinations:

     Final results of the anti-dumping investigation and 
antidumping order, entitled ``Final Determination Of Sales At Less 
Than Fair Value: Stainless steel sheet and strip in coils from 
Mexico,'' published in 64 Federal Register (FR) 30790 of 8 June 1999 
(investigation) and its amendments and order, 64 FR 40560 of 27 July 
1999;
     Final results of the determination of anti-dumping 
duties for the period from January 1999 to June 2000, entitled 
``Final Results of Antidumping Duty Administrative Review: Stainless 
Steel Sheet And Strip In Coils From Mexico,'' published in 67 FR 
6490 of 12 February 2002 (final results of the

[[Page 77823]]

determination of duties 1999-2000) and its amendments, 67 FR 15542 
of 2 April 2002);
     Final results of the determination of anti-dumping 
duties for the period from July 2000 to June 2001, entitled ``Final 
Results of Antidumping Duty Administrative Review: Stainless Steel 
Sheet And Strip In Coils From Mexico,'' published in 68 FR 6889 of 
11 February 2003 (final results of the determination of duties 2000-
2001), and amendments, 68 FR 13686 of 20 March 2003.
     Final results of the determination of anti-dumping 
duties for the period from July 2001 to June 2002, entitled ``Final 
Results of Antidumping Duty Administrative Review: Stainless Steel 
Sheet And Strip In Coils From Mexico,'' published in 69 FR 6259 of 
10 February 2004 (final results of the determination of duties 2001-
2002);
     Final results of the determination of anti-dumping 
duties for the period from July 2002 to June 2003, entitled ``Final 
Results Of Antidumping Duty Administrative Review: Stainless Steel 
Sheet And Strip In Coils From Mexico,'' published in 69 FR 3677 of 
26 January 2005 (final results of the determination of duties 2002-
2003);
     Final results of the determination of anti-dumping 
duties for the period from July 2003 to June 2004, entitled ``Final 
Results Of Antidumping Duty Administrative Review: Stainless Steel 
Sheet And Strip In Coils From Mexico,'' published in 70 FR 73444 of 
12 December 2005 (final results of the determination of duties 2003-
2004).

    Mexico also challenges:

     Sections 736, 751, 771(35)(A) and (B), and section 
777A(c) and (d) of The Tariff Act of 1930, as amended;
     The Statement of Administrative Action that accompanied 
the Uruguay Round Agreements Act, H.R. Doc. No. 103-316, vol. I;
     USDOC regulations codified at Title 19 of the United 
States Code of Federal Regulations, sections 351.212(b), 351.414(c), 
(d) and (e); and
     The Import Administration Antidumping Manual (1997 
edition), including the computer program(s) to which it refers.

    In addition, Mexico challenges the methodologies used to calculate 
dumping margins in original investigations and periodic reviews.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. Comments should be 
submitted (i) Electronically, to [email protected], with ``Mexico 
Zeroing II (DS344)'' in the subject line, or (ii) by fax, to Sandy 
McKinzy at (202) 395-3640, with a confirmation copy sent electronically 
to the electronic mail address 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 commenter. 
Confidential business information must be clearly designated as such 
and BUSINESS CONFIDENTIAL must be marked 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; 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 WTO/DS-344 Mexico 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 Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
 [FR Doc. E6-22186 Filed 12-26-06; 8:45 am]
BILLING CODE 3190-W7-P