[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Notices]
[Pages 58378-58380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23030]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS464]
WTO Dispute Settlement Proceeding Regarding Anti-Dumping and
Countervailing Measures on Large Residential Washers 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 on August 29, 2013, the Republic of
Korea (``Korea'') requested consultations with the United States under
the Marrakesh Agreement Establishing the World Trade Organization
(``WTO Agreement'') concerning antidumping and
[[Page 58379]]
countervailing duty measures regarding large residential washers
(``washers'') from Korea. That request may be found at www.wto.org in a
document designated as WT/DS464/1. 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 October 11, 2013, to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2013-0031. 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: J. Daniel Stirk, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street NW., Washington, DC 20508, (202) 395-3150.
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 would
hold its meetings in Geneva, Switzerland.
Major Issues Raised by Korea
On August 29, 2013, Korea requested consultations concerning
antidumping and countervailing duty measures on washers from Korea.
With respect to the antidumping measures, Korea challenges any
determination by the Department of Commerce (``Commerce'') in which
Commerce has applied or may apply a methodology that Korea describes as
``zeroing.'' Korea's challenge includes the completed antidumping
investigation of washers from Korea, as well as future preliminary and
final determinations in administrative reviews, new shipper reviews,
sunset reviews and changed circumstances reviews. Korea also challenges
any determination by Commerce in the washers antidumping proceeding in
which Commerce has applied or may apply the second sentence of Article
2.4.2 of the Agreement on Implementation of Article VI of the GATT 1994
(``AD Agreement'') so as to use a methodology that Korea describes as
``zeroing.''
In addition, Korea challenges what it describes as ``[t]he United
States' methodology of `zeroing' as such when using the weighted
average-to-transaction comparison methodology in anti-dumping
investigations, administrative reviews and other segments of anti-
dumping proceedings.'' Korea also challenges Commerce's ``methodology
for applying the second sentence of Article 2.4.2 as such.''
With respect to the countervailing duty measures on washers from
Korea, Korea challenges Commerce's determination that Article 10(1)(3)
of Korea's Restriction of Special Taxation Act (``RSTA'') is a subsidy
that is specific within the meaning of Article 2.1 of the Agreement on
Subsidies and Countervailing Measures (``SCM Agreement''), and
Commerce's determination of the amount of subsidy benefit received by a
respondent.
Korea also challenges Commerce's determination that Article 26 of
the RSTA is a regionally specific subsidy, and Commerce's imposition of
countervailing duties on one respondent that were attributable to tax
credits that the respondent received for investments that it made under
Article 26 of the RSTA.
Finally, Korea challenges Commerce's treatment of the Korea
Development Bank (``KDB'') and Industrial Bank of Korea (``IBK'') as
public bodies within the meaning of Article 1.1(a)(1)(i) of the SCM
Agreement as well as Commerce's determination that ``the financing
provided by the KDB and IBK were commercially unreasonable and thus
conferred benefit within the meaning of [Article 1.2 and Article 14 of
the SCM Agreement].''
Korea alleges inconsistencies with Articles 1, 2, 2.1, 2.4, 2.4.2,
5.8, 9.3, 9.4, 9.5, 11, and 18.4 of the AD Agreement, Articles 1.1,
1.2, 2.1, 2.2, 10, 14, and 19.4 of the SCM Agreement, Articles VI,
VI:1, VI:2, and VI:3 of the General Agreement on Tariffs and Trade 1994
(``GATT 1994''), and Article XVI:4 of the WTO 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-2013-
0031. 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-2013-0031 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 ``Submit a Comment'' (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.
[[Page 58380]]
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-2013-0031, 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, the report of the 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. 2013-23030 Filed 9-20-13; 8:45 am]
BILLING CODE 3290-F3-P