[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Notices]
[Pages 19728-19729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08326]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS488]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Oil Country Tubular Goods From Korea

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 Republic of Korea has requested the 
establishment of a dispute settlement panel under the Marrakesh 
Agreement Establishing the World Trade Organization (WTO Agreement). 
That request may be found at www.wto.org contained in a document 
designated as WT/DS488/5. 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 May 1, 2015, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2015-0001. If you are unable to 
provide submissions by www.regulations.gov, please contact Sandy 
McKinzy at (202) 395-9483 to arrange for an alternative method of 
transmission.
    If (as explained below) the comment contains confidential 
information, then the comment should be submitted by fax only to Sandy 
McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Matthew Jaffe, Assistant General 
Counsel, or Ross Bidlingmaier, Assistant General Counsel, Office of the 
United States Trade Representative, 600 17th Street NW., Washington, DC 
20508, (202) 395-3150.

SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round

[[Page 19729]]

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 Korea

    On July 18, 2014, the Department of Commerce (``Commerce'') 
published in the Federal Register notice of its final affirmative less-
than-fair-value determination in the antidumping investigation 
concerning oil country tubular goods from Korea (79 FR 41983). On 
September 10, 2014, Commerce published the antidumping duty order (79 
FR 53691).
    In its request for the establishment of a panel, Korea challenges 
Commerce's calculation of the constructed value profit rate for the 
Korean respondents in the antidumping investigation of oil country 
tubular goods from Korea. Korea alleges inconsistencies with Articles 
2.2, 2.2.2, and 2.4 of the Anti-Dumping Agreement. Korea also makes 
certain procedural claims with respect to Commerce's calculation of the 
constructed value profit rate, alleging inconsistencies with Articles 
6.2, 6.4, 6.9, and 12.2.2 of the Anti-Dumping Agreement, and Articles I 
and X:3 of the General Agreement on Tariffs and Trade 1994.
    Korea also challenges Commerce's use of downstream sale prices and 
costs based on an affiliated supplier's books and records for the 
Korean respondent NEXTEEL. Korea alleges inconsistencies with Articles 
2.3 and 2.2.1.1 of the Anti-Dumping Agreement. In addition, Korea 
challenges Commerce's decision to select two mandatory respondents as 
inconsistent with Article 6.10, including Articles 6.10.1 and 6.10.2 of 
the Anti-Dumping Agreement.
    Finally, Korea challenges ``as such'' Commerce's use of an alleged 
methodology to determine whether a respondent's third-country sales are 
viable for the purposes of calculating normal value. Korea also 
challenges Commerce's application of this alleged methodology in the 
determinations at issue in Korea's request for the establishment of a 
panel. Korea alleges inconsistencies with Article 2.2 of the Anti-
Dumping Agreement.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this dispute. Persons may submit public 
comments electronically to www.regulations.gov docket number USTR-2015-
0001. If you are unable to provide submissions by www.regulations.gov, 
please contact Sandy McKinzy at (202) 395-9483 to arrange for an 
alternative method of transmission.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2015-0001 on the home page and click ``search''. The site will 
provide a search-results page listing all documents associated with 
this docket. Find a reference to this notice by selecting ``Notice'' 
under ``Document Type'' on the left side of the search-results page, 
and click on the link entitled ``Comment Now!'' (For further 
information on using the www.regulations.gov Web site, please consult 
the resources provided on the Web site by clicking on ``How to Use This 
Site'' on the left side of the home page.)
    The www.regulations.gov Web site allows users to provide comments 
by filling in a ``Type Comments'' field, or by attaching a document 
using an ``Upload File'' field. It is expected that most comments will 
be provided in an attached document. If a document is attached, it is 
sufficient to type ``See attached'' in the ``Type Comments'' field.
    A person requesting that information contained in a comment that 
he/she submitted, 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. Any comment 
containing business confidential information must be submitted by fax 
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the 
confidential information must be submitted to www.regulations.gov. The 
non-confidential summary will be placed in the docket and will be open 
to public inspection.
    USTR may determine that information or advice contained in a 
comment submitted, other than business confidential information, is 
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) Must provide a non-confidential summary of the information or 
advice.
    Any comment containing confidential information must be submitted 
by fax. A non-confidential summary of the confidential information must 
be submitted to www.regulations.gov. The non-confidential summary will 
be placed in the docket and will be open to public inspection.
    Pursuant to section 127(e) of the Uruguay Round Agreements Act (19 
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement 
proceeding, docket number USTR-2015-0001, accessible to the public at 
www.regulations.gov.
    The public file will include non-confidential comments received by 
USTR from the public regarding the dispute. If a dispute settlement 
panel is convened, or in the event of an appeal from such a panel, the 
following documents will be made available to the public at 
www.ustr.gov: The United States' submissions, any non-confidential 
submissions received from other participants in the dispute, and any 
non-confidential summaries of submissions received from other 
participants in the dispute. In the event that a dispute settlement 
panel is convened, or in the event of an appeal from such a panel, and, 
if applicable, the report of the Appellate Body, will also be available 
on the Web site of the World Trade Organization, at www.wto.org. 
Comments open to public inspection may be viewed at 
www.regulations.gov.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2015-08326 Filed 4-10-15; 8:45 am]
 BILLING CODE 3290-F5-P