[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Pages 28486-28488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13066]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2018-0010; Dispute Number WT/DS539]
WTO Dispute Settlement Proceeding Regarding Korea--Anti-Dumping
and Countervailing Duties on Certain Products and the Use of Facts
Available
AGENCY: Office of the United States Trade Representative.
ACTION: Notice with request for comments.
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SUMMARY: The Office of the United States Trade Representative (USTR) is
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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 in a document designated as
WT/DS539/6. 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, you should submit your
comment on or before July 16, 2018, to be assured of timely
consideration by USTR.
ADDRESSES: USTR strongly prefers electronic submissions made the
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments in Section III below. The docket
number USTR-2018-0010. For alternatives to on-line submissions, please
contact Sandy McKinzy at (202) 395-9483.
FOR FURTHER INFORMATION CONTACT: Associate General Counsel Brian
Janovitz at (202) 395-7139 or Assistant General Counsel Philip Butler
at (202) 395-5804.
SUPPLEMENTARY INFORMATION:
I. Background
Section 127(b)(1) of the Uruguay Round Agreements Act (URAA) (19
U.S.C. 3537(b)(1)) requires notice and opportunity for comment 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 the United States has received a request for a
dispute settlement panel pursuant to the WTO Understanding on Rules and
Procedures Governing the Settlement of Disputes. The WTO has
established a dispute settlement panel, and the panel will hold its
meetings in Geneva, Switzerland.
II. Major Issues Raised by the Republic of Korea
On April 16, 2018, Korea requested the establishment of a WTO
dispute settlement panel regarding the use by the U.S. Department of
Commerce (DOC) of facts available in various segments of the following
investigations:
Anti-Dumping Duties on Certain Corrosion-Resistant Steel
Products from the Republic of Korea (DOC investigation number A-580-
878).
Anti-Dumping Duties on Certain Cold-Rolled Steel Flat
Products from the Republic of Korea (USDOC investigation number A-580-
881).
Countervailing Duties on Certain Cold-Rolled Steel Flat
Products from the Republic of Korea (DOC investigation number C-580-
882).
Anti-Dumping Duties on Certain Hot-Rolled Steel Flat
Products from the Republic of Korea (DOC investigation number A-580-
883).
Countervailing Duties on Certain Hot-Rolled Steel Flat
Products from the Republic of Korea (DOC investigation number C-580-
884).
Anti-Dumping Duties on Large Power Transformers from the
Republic of Korea (DOC investigation number A-580-867).
Korea alleges that the challenged measures are inconsistent with
U.S. WTO obligations under Article 6.8 and Annex II of the Anti-Dumping
Agreement and Article 12.7 of the Agreement on Subsidies and
Countervailing Measures (SCM Agreement). Korea further alleges that the
United States failed to comply with a number of supposedly related
procedural and substantive obligations under the Anti-Dumping Agreement
and the SCM Agreement.
In addition, Korea alleges that section 776 of the Tariff Act of
1930, codified at 19 U.S.C. 1677e, as amended by section 502 of the
Trade Preferences Extension Act of 2015, and the certain related legal
provisions governing the use of facts available, are ``as such''
inconsistent with the Anti-Dumping Agreement and the SCM Agreement.
Korea also challenges DOC's ``use of adverse facts available'' as a
purported ``ongoing conduct, or rule or nom'' when DOC allegedly
``selects facts from the record that are adverse to the interests of
the foreign producers or exporters without (i) establishing that the
adverse inferences can reasonably be drawn in light of the degree of
cooperation received, and (ii) ensuring that such facts are the `best
information available' in the particular circumstances.''
III. Public Comments: Requirements for Submissions
USTR invites written comments concerning the issues raised in this
dispute. All submissions must be in English and sent electronically via
www.regulations.gov. To submit comments via www.regulations.gov, enter
docket number USTR-2018-0010 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 website,
please consult the resources provided on the website by clicking on
``How to Use Regulations.gov'' on the bottom of the home page.
The www.regulations.gov website allows users to provide comments by
filling in a ``type comment'' field, or by attaching a document using
an ``Upload file'' field. USTR prefers that comments be provided in an
attached document. If a document is attached, it is sufficient to type
``see attached'' in the ``type comment'' field. USTR prefers
submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the
submission is in an application other than those two, please indicate
the name of the application in the ``type comment'' field.
For any comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC.'' Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top and bottom of that page and the submission
should clearly indicate, via brackets, highlighting, or other means,
the specific information that is business confidential. If you request
business confidential treatment, you must certify in writing that
disclosure of the information would endanger trade secrets or
profitability, and that the information would not customarily be
released to the public. Filers of submissions containing business
confidential information also must submit a public version of their
comments. The file name of the public version should begin with the
character ``P''. The ``BC'' and ``P'' should be followed by the name of
the person or entity submitting the comments or rebuttal comments. If
these products are not sufficient to protect business confidential
information or otherwise protect business interests, please contact
Sandy McKinzy at (202) 395-9483 to discuss whether alternative
arrangements are possible.
USTR may determine that information or advice contained in a
comment, 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 a submitter believes that information or advice
is confidential, s/he must clearly designate the information or advice
as confidential and mark it as ``SUBMITTED IN CONFIDENCE'' at the top
and bottom of the cover page and each succeeding page, and provide a
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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 docket on this dispute settlement proceeding, docket
number USTR-2018-0010, accessible to the public at www.regulations.gov.
The public file will include non-confidential public comments USTR
receives regarding the dispute. If a dispute settlement panel is
convened, or in the event of an appeal from a panel, USTR will make the
following documents publicly available at www.ustr.gov: The U.S.
submissions and any non-confidential summaries of submissions received
from other participants in the dispute. If a dispute settlement panel
is convened, or in the event of an appeal from a panel, the report of
the panel, and, if applicable, the report of the Appellate Body, will
also be available on the website of the World Trade Organization, at
www.wto.org.
Juan Millan,
Assistant United States Trade Representative for Monitoring and
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2018-13066 Filed 6-18-18; 8:45 am]
BILLING CODE 3290-F8-P