[Federal Register: October 27, 2006 (Volume 71, Number 208)]
[Notices]
[Page 63053-63055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc06-107]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS350]
WTO Dispute Settlement Proceeding Regarding Measures Related to
Zeroing and Certain Investigations, Administrative Reviews and Sunset
Reviews Involving Products From the European Communities
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 European Communities (EC) has
requested consultations with the United States under the Marrakesh
Agreement Establishing the World Trade Organization (``WTO Agreement'')
concerning various measures relating to zeroing and antidumping duty
orders on certain products from the EC. The EC alleges that
determinations made by U.S. authorities concerning these products, and
certain related matters, are inconsistent with Articles 1, 2.1, 2.4,
2.4.2, 5.8, 9.1, 9.3, 9.5, 11, 18.3 and 18.4 of the Agreement on
Implementation of Article VI of the General Agreement on Tariffs and
Trade 1994 (``AD Agreement''), Article VI of the General Agreement on
Tariffs and Trade 1994 (``GATT 1994''), and Article XVI:4 of the WTO
Agreement. That request may be found at http://www.wto.org contained in
documents designated as WT/DS350/1 and WT/DS350/1/Add.1. USTR invites
written comments from the public concerning the issues raised in this
dispute. In connection with the issues raised in the request for
consultations, the public should be aware that on March 6, 2006, the
Department of Commerce announced that it will no longer use ``zeroing''
when making average-to-average comparisons in an antidumping
investigation. See 71 FR 11189.
DATES: Although USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted on or before November 15, 2006 to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0702@ustr.eop.gov, Attn: ``EC Zeroing II (DS350)'' in the subject
line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640. For documents
sent by fax, USTR requests that the submitter provide a confirmation
copy to the electronic mail address listed above.
FOR FURTHER INFORMATION CONTACT: Elissa Alben, Assistant General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-9622.
SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations
have been requested pursuant to the WTO Understanding on Rules and
Procedures Governing the Settlement of Disputes (``DSU''). If such
consultations should fail to resolve the matter and a dispute
settlement panel is established pursuant to the DSU, such panel, which
would hold its meetings in Geneva, Switzerland, would be expected to
issue a report on its findings and recommendations within nine months
after it is established.
Major Issues Raised by the EC
With respect to the measures at issue, the EC's request for
consultations refers to the following:
1. The implementing regulations of the U.S. Department of Commerce
(``DOC''), Sec. 19 CFR Part 351, in particular Sec. 351.414(c)(2);
2. The methodology of the DOC for determining the dumping margin in
reviews on the basis of the comparison of a weighted average normal
value with individual export prices;
3. The determinations of dumping by the DOC, the determinations of
injury by the U.S. International Trade Commission (``ITC''), the DOC
notices
[[Page 63054]]
for the imposition of the antidumping duty, and any automatic
assessment instructions issued pursuant to them, in the following
investigations:\1\
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\1\ For the precise EC description of these determinations and
notices, including the dates of publication in the Federal Register,
see Annex I of the EC's consultation request, which is available on
the WTO Web site's document distribution facility as document ``WT/
DS350/1'' and document ``WT/DS350/Add.1''.
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Purified carboxymethylcellulose from Switzerland, DOC Case
No. A-401-808, ITC Case No. 731-TA-1087;
Purified carboxymethylcellulose from the Netherlands, DOC
Case No. A-421-811, ITC Case No. 731-TA-1086;
Purified carboxymethylcellulose from Finland, DOC Case No.
A-405-803, ITC Case No. 731-TA-1084;
Chlorinated isocyanurates from Spain, DOC Case No. A-469-
814, ITC Case No. 731-TA-1083;
4. The final results of the administrative reviews by the DOC in
the following proceedings, and any assessment instructions issued
pursuant to them:
Ball Bearings from France, DOC Case No. A-427-801, 68 FR
35623 (June 16, 2003), amended 68 FR 43712 (July 24, 2003);
Ball Bearings from Germany, DOC Case No. A-428-801, 68 FR
35623 (June 16, 2003);
Ball Bearings from Italy, DOC Case No. A-475-801, 68 FR
35623 (June 16, 2003);
Stainless Steel Sheet and Strip Coils from Italy, DOC Case
No. A-475-824, 68 FR 69382 (December 12, 2003);
Certain Pasta from Italy, DOC Case No. A-475-818, 69 FR
6255 (February 10, 2004), amended 69 FR 81 (April 27, 2004);
Stainless Steel Sheet and Strip Coils from Germany, DOC
Case No. A-428-825, 69 FR 6262, (February 10, 2004);
Certain Hot-rolled Carbon Steel Flat Products from
Netherlands, DOC Case No. A-421-807, 69 FR 115, (June 16, 2004),
amended 69 FR 43801 (July 22, 2004);
Stainless Steel Bar from Germany, DOC Case No. A-428-830,
69 FR 113 (June 14, 2004);
Stainless Steel Bar from Italy, DOC Case No. A-475-829, 69
FR 113 (June 14, 2004);
Antifriction Bearings and Parts thereof from France, DOC
Case No. A-427-801, 69 FR 55574 (September 15, 2004), amended 69 FR
62023 (October 22, 2004);
Antifriction Bearings and Parts thereof from Germany, DOC
Case No. A-428-801, 69 FR 55574 (September 15, 2004), amended 69 FR
63507 (November 2, 2004);
Antifriction Bearings and Parts thereof from Italy, DOC
Case No. A-475-801, 69 FR 55574 (September 15, 2004), amended 69 FR
62023 (October 22, 2004);
Antifriction Bearings and Parts thereof from the United
Kingdom, DOC Case No. A 412-801, 69 FR 55574 (September 15, 2004),
amended 69 FR 62023 (October 22, 2004);
Stainless Steel Plate in Coils from Belgium, DOC Case No.
A-423-808, 69 FR 74495 (December 14, 2004), amended 70 FR 2999 (January
19, 2005);
Stainless Steel Sheet and Strip in Coils from Germany, DOC
Case No. A-428-825, 69 FR 75930, (December 20, 2004);
Steel Concrete Reinforcing Bars from Latvia, DOC Case No.
A-449-804, 69 FR 74498 (December 14, 2004);
Certain Pasta from Italy, DOC Case No. A-475-818, 70 FR
6832 (February 9, 2005);
Certain Hot-rolled Carbon Steel Flat Products from the
Netherlands, DOC Case No. A-421-807, 70 FR 18366 (April 11, 2005);
Stainless Steel Bar from Germany, DOC Case No. A-428-830,
71 FR 42802 (July 28, 2006), amended 71 FR 52063 (September 1, 2006);
Stainless Steel Bar from France, DOC Case No. A-427-820,
70 FR 46482 (August 10, 2005);
Ball Bearings and parts thereof from France, DOC Case No.
A-427-801, 70 FR 54711 (September 16, 2005);
Ball Bearings and parts thereof from Germany, DOC Case No.
A-428-801, 70 FR 54711 (September 16, 2005);
Ball Bearings and parts thereof from Italy, DOC Case No.
A-475-801, 70 FR 54711 (September 16, 2005);
Ball Bearings and parts thereof from the United Kingdom,
DOC Case No. A-412-801, 70 FR 54711 (September 16, 2005);
Certain Pasta from Italy, DOC Case No. A-475-818, 70 FR
71464 (November 29, 2005);
Stainless Steel Plate in Coils from Belgium, DOC Case No.
A-423-808, 70 FR 72789 (December 7, 2005);
Stainless Steel Sheet and Strip in Coils from Germany, DOC
Case No. A-428-825, 70 FR 73729 (December 13, 2005);
Steel Concrete Reinforcing Bars from Latvia, DOC Case No.
A-449-804, 71 FR 7016 (February 10, 2006);
Stainless Steel Bar from France, DOC Case No. A-427-820,
71 FR 30873 (May 31 2006);
Ball Bearings and parts thereof from France, DOC Case No.
A-427-801, 71 FR 40064 (July 14, 2006);
Ball Bearings and parts thereof from Germany, DOC Case No.
A-428-801, 71 FR 40064 (July 14, 2006);
Ball Bearings and parts thereof from Italy, DOC Case No.
A-475-801, 71 FR 40064 (July 14, 2006);
Steel Concrete Reinforcing Bars from Latvia, DOC Case No.
A-449-804, 71 FR 45031 (August 8, 2006);
Stainless Steel Sheet and Strip in Coils from Italy, DOC
Case No. A-475-824, 70 FR 7472 (February 14, 2005), amended 70 FR 13009
(March 17, 2005);
Stainless Steel Sheet and Strip in Coils from Germany, DOC
Case No. A-428-825, 71 FR 45024 (August 8, 2006); and
5. The final results of the sunset review in the following
proceeding:
Brass Sheet and Strip from Germany, DOC Case No. A-428-
602, ITC Case No. 731-TA-317.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit their
comments either (i) electronically, to FR0702@ustr.eop.gov, Attn: ``EC
Zeroing II (DS350)'' in the subject line, or (ii) by fax to Sandy
McKinzy at (202) 395-3640. 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.
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--
[[Page 63055]]
(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 No. WT/DS-350, EC 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 E. Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E6-17988 Filed 10-26-06; 8:45 am]
BILLING CODE 3190-W7-P