[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Notices]
[Pages 4028-4029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01332]
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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 on December 22, 2014, the Republic
of Korea requested consultations with the United States under the
Marrakesh Agreement Establishing the World Trade Organization (``WTO
Agreement'') concerning antidumping measures on oil country tubular
goods from Korea. That request may be found at www.wto.org contained in
a document designated as WT/DS488/1. 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 February 18, 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: 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 Korea
On July 18, 2014, the Department of Commerce (``Commerce'')
published in the Federal Register notice of its final affirmative less-
than-fair-value (``LTFV'') 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).
On December 22, 2014, Korea requested consultations concerning
antidumping measures on oil country tubular goods from Korea. Korea's
challenge includes the final LTFV determination and antidumping order,
as well as ``all administrative reviews, new shipper reviews, changed
circumstances reviews, sunset reviews, and other segments.'' Korea
alleges that these measures are inconsistent with various provisions of
the Anti-Dumping Agreement and the General Agreement on Tariffs and
Trade 1994.
In its request for consultations, Korea challenges Commerce's
calculation of the constructed value profit rate for the Korean
respondents. Korea alleges inconsistencies with Articles 2.2, 2.2.2,
2.4, 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 conclusion that ``the Korean
respondent NEXTEEL was affiliated with an unaffiliated supplier and an
unaffiliated customer'' within the meaning of Article 2.3 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 home market sales are
viable for the purposes of calculating normal value. Korea also
challenges Commerce's application of this alleged methodology in the
measures included in Korea's request for consultations. 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
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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, 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. 2015-01332 Filed 1-23-15; 8:45 am]
BILLING CODE 3290-F5-P