[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Notices]
[Pages 11174-11175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04236]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS464]
WTO Dispute Settlement Proceeding Regarding United States--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 the Republic of Korea (``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/DS464/4. 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 March 31, 2014, 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, or Brooks E. Allen, 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
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. Pursuant to this provision, USTR is providing notice that a
dispute settlement panel has been established in this matter pursuant
to the WTO Dispute Settlement Understanding (``DSU''). The panel will
hold its meetings in Geneva, Switzerland.
Major Issues Raised by Korea
On December 26, 2012, the U.S. Department of Commerce published in
the Federal Register notice of its final affirmative less-than-fair-
value (``LTFV'') determination in the antidumping investigation
concerning large residential washers from Korea (77 FR 75988). On
February 15, 2013, the Department of Commerce published its antidumping
duty order (78 FR 11148).
On December 26, 2012, the Department of Commerce published in the
Federal Register notice of its final affirmative countervailing duty
determination concerning large residential washers from Korea (77 FR
75975) and on February 15, 2013, published its countervailing duty
order (78 FR 11154).
In its request for the establishment of a panel, Korea alleges that
the Department of Commerce improperly
[[Page 11175]]
calculated margins of dumping through its application of an
alternative, average-to-transaction comparison methodology and its
alleged use of a methodology that Korea describes as ``zeroing.'' Korea
alleges that the final LTFV determination and antidumping duty order,
as well as ``preliminary and final determinations in administrative
reviews, new shipper reviews, sunset reviews, changed circumstances
reviews, and other segments'' are inconsistent with Articles 1, 2.1,
2.4, 2.4.2, 5.8, 9.3, 9.5, 11.2, and 11.3 of the Anti-Dumping
Agreement, and Articles VI:1 and VI:2 of the General Agreement on
Tariffs and Trade 1994.
Korea also challenges ``as such'' the Department of Commerce's use
of an alternative, average-to-transaction comparison methodology and
its alleged use of a methodology that Korea describes as ``zeroing.''
Korea alleges that these methodologies are inconsistent, ``as such,''
with Articles 1, 2.1, 2.4, 2.4.2, 9.3, 9.5, 11.2, 11.3, and 18.4 of the
Anti-Dumping Agreement, Articles VI:1 and VI:2 of the General Agreement
on Tariffs and Trade 1994, and Article XVI:4 of the WTO Agreement.
Korea further alleges that the Department of Commerce improperly
calculated countervailing duties with respect to certain tax credits
received by one respondent. Korea alleges that the final countervailing
duty determination and countervailing duty order, as well as
``preliminary and final determinations in administrative reviews, new
shipper reviews, sunset reviews, changed circumstances reviews, and
other segments'' are inconsistent with Articles 1.1, 1.2, 2.1, 2.2, 10,
14, 19.4, and 32.1 of the Agreement on Subsidies and Countervailing
Measures, and with Article VI:3 of the General Agreement on Tariffs and
Trade 1994.
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 ``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-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. 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. The
report of the panel in this proceeding and, if applicable, the report
of the Appellate Body, will 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. 2014-04236 Filed 2-26-14; 8:45 am]
BILLING CODE 3290-F4-P