[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Pages 64687-64688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22451]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


WTO Dispute Settlement Proceeding Regarding Laws, Regulations and 
Methodology for Calculating Dumping Margins (``Zeroing'')

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 pursuant to a request of the 
European Communities, the Dispute Settlement Body of the World Trade 
Organization (``WTO'') has established a compliance panel under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') concerning the dispute United States--Laws, Regulations 
and Methodology for Calculating Dumping Margins (``zeroing'')--Recourse 
to Article 21.5 of the DSU by the European Communities. That request 
may be found at http://www.wto.org contained in a document designated 
as WT/DS294/25. 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 proceeding, comments should be 
submitted on or before December 21, 2007.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], Attn: ``EC Zeroing (21.5)'' in the subject line, 
or (ii) by fax, to Sandy McKinzy at 202-395-3640, with a confirmation 
copy sent electronically to the e-mail address above.

[[Page 64688]]


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

SUPPLEMENTARY INFORMATION: USTR is providing notice that the DSB has 
established, at the request of the EC, a dispute settlement compliance 
panel pursuant to the WTO Understanding on Rules and Procedures 
Governing the Settlement of Disputes (DSU). Such panel will hold any 
hearing in Geneva, Switzerland. It is possible that the public will be 
able to observe the hearing of the panel. If so, then USTR would intend 
to provide notice on USTR's Web site (under ``Opportunities to View 
Dispute Settlement Hearings'' on the Web page http://www.ustr.gov/Trade_Agreements/Monitoring_Enforcement/Dispute_Settlement/WTO/Section_Index.html) of the public hearing and the means by which the 
public may observe.

Major Issues Raised by the EC

    In the European Communities' (the ``EC'') request for the 
establishment of a panel in connection with the dispute United States--
Laws, Regulations and Methodology for Calculating Dumping Margins 
(``zeroing'')--Recourse to Article 21.5 of the DSU by the European 
Communities, the EC challenges the following:
     The consistency with Articles 17.14 and 21 of the DSU of 
the dates of entry into force of the SeCtion 129 determinations issued 
by the Department of Commerce to comply with the recommendations and 
rulings of the original proceeding;
     The alleged failure to eliminate ``zeroing'' in 16 
administrative reviews found, in the original proceeding, to be 
inconsistent with U.S. WTO obligations; the EC alleges that the failure 
to eliminate ``zeroing'' in these reviews is a breach of Articles 2, 
9.3, and 11 of the Antidumping Agreement and Article VI:2 of the GATT 
1994;
     An alleged miscalculation with respect to one 
determination;
     With respect to all measures identified in the request, 
the alleged imposition, collection, or liquidation of antidumping 
duties ``inflated'' by ``zeroing'' beyond April 9, 2007;
     The increase in the ``all-others'' rate in connection with 
two determinations;
     With respect to original investigations in which the 
recalculation of dumping margins led to the conclusion that some 
exporters were not dumping or had de minimis margins, the failure to 
establish whether the remaining amount of dumped imports was causing 
injury to the domestic industry and whether the volume of dumped 
imports was not negligible; and
     The continued use of zeroing in the reviews related to the 
measures in question.

Public Comment: 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 
``EC Zeroing (21.5)'' in the subject line. 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 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; for the dispute settlement compliance panel 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-294) 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. E7-22451 Filed 11-15-07; 8:45 am]
BILLING CODE 3190-W8-P