[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81526-81527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25802]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2023-0012; Dispute Number WT/DS617]


WTO Dispute Settlement Proceeding Regarding a United States Anti-
Dumping Measure on Oil Country Tubular Goods From Argentina

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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SUMMARY: The Office of the United States Trade Representative (USTR) 
invites public comments concerning the issues raised in this World 
Trade Organization (WTO) dispute settlement proceeding regarding a 
United States anti-dumping measure on oil country tubular goods from 
Argentina.

DATES: Although USTR will accept any comments submitted during the 
course of the dispute settlement proceedings, you should submit your 
comment on or before December 22, 2023, to be assured of timely 
consideration by USTR.

ADDRESSES: USTR strongly prefers electronic submissions made through 
the Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments in sections III and IV below. The 
Docket Number is USTR-2023-0012. For alternatives to on-line 
submissions, please contact Sandy McKinzy at (202) 395-9483 in advance 
of the deadline.

FOR FURTHER INFORMATION CONTACT: Michael Gagain, Senior Associate 
General Counsel, (202) 395-9529, or Matthew Jaffe, Senior Associate 
General Counsel, (202) 395-9512.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 127(b)(1) of the Uruguay Round Agreements Act (URAA) (19 
U.S.C. 3537(b)(1)) requires notice and opportunity for comment after 
the United States submits or receives a request for the establishment 
of a WTO dispute settlement panel. Accordingly, USTR is providing 
notice that Argentina has requested a dispute settlement panel pursuant 
to the WTO Understanding on Rules Procedures Governing the Settlement 
of Disputes (DSU). The panel established by the WTO will hold its 
meetings in Geneva Switzerland.

II. Major Issues Raised by Argentina

    On May 17, 2023, Argentina requested consultations with the United 
States concerning the imposition of antidumping duties on oil country 
tubular goods from Argentina, following final determinations by the 
U.S. Department of Commerce (DOC) and U.S. International Trade 
Commission (ITC) in Oil Country Tubular Goods From Argentina: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Negative Determination of Critical Circumstances (DOC investigation 
number A-357-824), and Oil Country Tubular Goods From Argentina, 
Mexico, Russia, and South Korea (ITC investigation numbers 701-TA-671-
672 and 731-TA-1571-1573), and section 771(7)(G) of the Tariff Act of 
1930 (19 U.S.C. 1677(7)(G)). The consultation request can be found at 
www.wto.org in a document designated as WT/DS617/1. The United States 
and Argentina held consultations on July 6, 2023. On September 1, 2023, 
Argentina made its request to the WTO to establish a dispute settlement 
panel under the Marrakesh Agreement Establishing the World Trade 
Organization (WTO Agreement). That request may be found at www.wto.org 
in a document designated as WT/DS617/3. On October 26, 2023, the WTO 
established a panel to examine Argentina's complaint.
    Argentina's panel request appears to be concerned with the DOC's 
examination of whether there was sufficient domestic industry support 
to justify initiation of its investigation; the ITC's cumulation 
analysis in its material injury investigation; aspects of the ITC's 
analyses of volume and imports and price effects in its investigation; 
and aspects of the ITC's analyses of injury and causation. Argentina 
claims that the imposition of duties is inconsistent with Article VI of 
the WTO General Agreement on Tariffs and Trade 1994 (GATT 1994); and 
Articles 1, 3.1, 3.2, 3.3, 3.4, 3.5, 5.1, 5.2, 5.3, 5.4, 6.6, and 18.1 
of the WTO Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 (Antidumping Agreement). Argentina 
further alleges that section 771(7)(G) of the Tariff Act of 1930 is 
inconsistent with Articles 3.1, 3.2, 3.3, 3.4, and 3.5 of the 
Antidumping Agreement.

III. Public Comments: Requirements for Submissions

    To be assured of consideration, submit your written comments by the 
December 22, 2023 deadline. All submissions must be in English. USTR 
strongly encourages submissions via Regulations.gov, using Docket 
Number USTR-2023-0012.
    To make a submission via Regulations.gov, enter Docket Number USTR-
2023-0012 in the `search for' field 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' in the `refine documents 
results' section on the left side of the screen and click on the link 
entitled `comment.' Regulations.gov allows users to make submissions by 
filling in a `type comment' field, or by attaching a document using the 
`upload file' field. USTR prefers that you provide submissions in an 
attached document and, in such cases, that you write `see attached' in 
the `type comment' field. USTR prefers submissions in Microsoft Word 
(.doc) or Adobe Acrobat (.pdf). If you use an application other than 
those two, please indicate the name of the application in the `type 
comment' field.
    Please do not attach separate cover letters, exhibits, annexes, or 
other attachments to electronic submissions; rather, include any in the 
same file as the submission itself, not as separate files. You will 
receive a tracking number upon completion of the submission procedure 
at Regulations.gov. The tracking number is confirmation that 
Regulations.gov received your submission. Keep the confirmation for 
your records. USTR is not able to provide technical assistance for 
Regulations.gov.
    For further information on using Regulations.gov, please consult 
the resources provided on the website by clicking on `How to Use 
Regulations.gov' on the bottom of the home page. Contact the 
Regulations.gov help desk with technical questions on submitting 
comments at [email protected] or 1-866-498-2945.
    If you are unable to provide submissions as requested, please 
contact Sandy McKinzy at (202) 395-9483 in advance of the deadline to 
arrange for an alternative method of transmission. USTR may not 
consider submissions that you do not make in accordance with these 
instructions.

IV. Confidential Submissions

    If you ask USTR to treat information you submit as business 
confidential information (BCI), you must certify that the information 
is business confidential and you would not customarily release it to 
the public. For any comments submitted electronically containing BCI, 
the file name of the business

[[Page 81527]]

confidential version should begin with the characters `BCI.' You must 
clearly mark any page containing BCI with `BUSINESS CONFIDENTIAL' at 
the top of that page. Filers of submissions containing BCI also must 
submit a public version of their submission that will be placed in the 
docket for public inspection. The file name of the public version 
should begin with the character `P.' The `BCI' and `P' should be 
followed by the name of the person or entity submitting the comments. 
If this is not sufficient to protect BCI or otherwise protect business 
interests, please contact Sandy McKinzy at (202) 395-9483 in advance of 
the deadline to discuss whether alternative arrangements are possible.
    USTR may determine that information or advice contained in a 
comment, other than BCI, is confidential in accordance with section 
135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If a 
submitter believes that information or advice is confidential, they 
must clearly designate the information or advice as confidential and 
mark it as `SUBMITTED IN CONFIDENCE' at the top and bottom of the cover 
page and each succeeding page, and provide a non-confidential summary 
of the information or advice.

V. Public Viewing of Comments

    Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR 
will maintain a docket on this dispute settlement proceeding. USTR will 
post written submissions in the docket for public inspection, except 
properly designated BCI and other confidential information. You can 
view submissions at Regulations.gov by entering Docket Number USTR-
2023-0012 in the search field on the home page.
    If a dispute settlement panel is convened, or in the event of an 
appeal from a panel, USTR will make the following documents publicly 
available at www.ustr.gov: the U.S. submissions and any non-
confidential summaries of submissions received from other participants 
in the dispute. If a dispute settlement panel is convened, or in the 
event of an appeal from a panel, the report of the panel, and, if 
applicable, the report of the Appellate Body, will also be available on 
the website of the World Trade Organization, at www.wto.org.

Juan Millan,
Deputy General Counsel for Monitoring and Enforcement, Office of the 
United States Trade Representative.
[FR Doc. 2023-25802 Filed 11-21-23; 8:45 am]
BILLING CODE 3390-F4-P