[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Notices]
[Pages 19728-19729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08326]
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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 the Republic of 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/DS488/5. 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 May 1, 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: Section 127(b) of the Uruguay Round
[[Page 19729]]
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. Consistent with this obligation, USTR is providing notice that a
dispute settlement panel has been established pursuant to the WTO
Dispute Settlement Understanding (``DSU''). The panel will hold its
meetings in Geneva, Switzerland.
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 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).
In its request for the establishment of a panel, Korea challenges
Commerce's calculation of the constructed value profit rate for the
Korean respondents in the antidumping investigation of oil country
tubular goods from Korea. Korea alleges inconsistencies with Articles
2.2, 2.2.2, and 2.4 of the Anti-Dumping Agreement. Korea also makes
certain procedural claims with respect to Commerce's calculation of the
constructed value profit rate, alleging inconsistencies with Articles
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 use of downstream sale prices and
costs based on an affiliated supplier's books and records for the
Korean respondent NEXTEEL. Korea alleges inconsistencies with Articles
2.3 and 2.2.1.1 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 third-country sales are
viable for the purposes of calculating normal value. Korea also
challenges Commerce's application of this alleged methodology in the
determinations at issue in Korea's request for the establishment of a
panel. 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 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, 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. 2015-08326 Filed 4-10-15; 8:45 am]
BILLING CODE 3290-F5-P