[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Notices]
[Pages 34351-34352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13518]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


WTO Dispute Settlement Proceeding Regarding Measures Related to 
Zeroing and Sunset Reviews

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 Japan, the 
Dispute Settlement Body (``DSB'') 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--Measures Relating to Zeroing and 
Sunset Reviews; Recourse to Article 21.5 of the DSU by Japan. That 
request may be found at http://www.wto.org contained in a document 
designated as WT/DS322/27. 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 July 15, 2008.

ADDRESSES: Comments should be submitted (i) electronically, to

[[Page 34352]]

[email protected], Attn: ``Japan 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.

FOR FURTHER INFORMATION CONTACT: Ronald J. Baumgarten, Jr., Assistant 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC 20508, (202) 395-9583.

SUPPLEMENTARY INFORMATION: USTR is providing notice that the DSB has 
established, at the request of Japan, 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 Japan

    In Japan's request for the establishment of a panel in connection 
with the dispute United States--Measures Relating to Zeroing and Sunset 
Reviews; Recourse to Article 21.5 of the DSU by Japan, Japan challenges 
the following:
     The consistency with DSU Articles 17.14, 21.1, and 21.3 of 
the continued use of zeroing in transaction-to-transaction comparisons 
in original investigations, in any comparison methodology in periodic 
reviews, and in any comparison methodology in new shipper reviews; 
Japan also alleges that the failure to eliminate zeroing in these 
contexts is a breach of Articles 2.4, 2.4.2, 9.3, and 9.5 of the 
Antidumping Agreement and Articles VI:1 and VI:2 of the GATT 1994;
     The alleged failure to eliminate zeroing in eight periodic 
reviews, and, since the expiration of the implementation deadline, 
through the eight periodic reviews at issue and related instructions 
and notices, the continued imposition, collection, and/or assessment of 
antidumping duties in excess of the proper margin of dumping; Japan 
claims that the failure to eliminate zeroing in these periodic reviews 
is inconsistent with Articles 17.14, 21.1, and 21.3 of the DSU, 
Articles 2.4 and 9.3 of the Antidumping Agreement, and Article VI:2 of 
the GATT 1994;
     The consistency of alleged measures taken to comply with 
the DSB's recommendations and rulings with Articles 2.4, 9.2, and 9.3 
of the Antidumping Agreement and Article II:1(a), II:1(b), VI:1, and 
VI:2 of the GATT 1994;
     The alleged failure by the United States to take any 
action to bring the sunset review determination of November 4, 1999 
regarding the antidumping duty order on Anti-Friction Bearings from 
Japan, as well as the sunset review determination of the same order of 
May 4, 2006, into conformity with its WTO obligations; Japan alleges 
that as a result, the United States acts inconsistently with Articles 
17.14, 21.1, and 21.3 of the DSU, and Article 11.3 of the Antidumping 
Agreement.

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 
``Japan 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 Uruguay Round Agreements Act 
(``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-322) 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. E8-13518 Filed 6-16-08; 8:45 am]
BILLING CODE 3190-W8-P