WTO Dispute Settlement Proceeding Regarding the American JOBS Creation Act of 2004, 135-136 [04-28673]
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Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Notices
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
recommendations within 90 days after
referral of the matter to it.
[Docket No. WTO/DS108]
Major Issues Raised by the EC
On November 5, 2004, the EC
requested consultations with the United
States pursuant to Articles 4 and 21.5 of
the DSU, Article 4 of the Agreement on
Subsidies and Countervailing Measures
(‘‘SCM Agreement’’), Article 19 of the
Agreement on Agriculture, and Article
XXII:1 of the General Agreement on
Tariffs and Trade 1994 (‘‘GATT 1994’’)
with respect to the American JOBS
Creation Act of 2004 (‘‘the JOBS Act’’).
According to the EC, the JOBS Act,
which was enacted on October 22, 2004,
was intended to implement the
recommendations and rulings of the
WTO Dispute Settlement Body in case
WT/DS108 (United States—Tax
Treatment for ‘‘Foreign Sales
Corporations’’ and United States—Tax
Treatment for ‘‘Foreign Sales
Corporations’’—Recourse to Article 21.5
of the DSU by the European
Communities), but fails to do so
properly and is inconsistent with the
same provisions of the WTO Agreement
as was the predecessor legislation.
In particular, the EC considers that
Section 101 of the JOBS Act contains
transitional provisions that will allow
U.S. exporters to continue to benefit
from the FSC Replacement and
Extraterritorial Income Exclusion Act as
follows: (a) In the years 2005 and 2006
with respect to all export transactions;
and (b) for an indefinite period with
respect to certain binding contracts.
According to the EC, this results in a
failure to withdraw the subsidy and
implement the DSB’s recommendations
and rulings. The EC considers that the
United States has failed to withdraw the
subsidies as required by Article 4.7 of
the SCM Agreement and has failed to
implement the DSB’s recommendations
and rulings as required by Articles 19.1
and 21.1 of the DSU. The EC also
considers that the United States
continues to violate Articles 3.1(a) and
3.2 of the SCM Agreement, Articles 10.1
and 8 of the Agreement on Agriculture
and Article III:4 of the GATT 1994.
WTO Dispute Settlement Proceeding
Regarding the American JOBS
Creation Act of 2004
Office of the United States
Trade Representative.
ACTION: Notice; request for comments.
AGENCY:
SUMMARY: The Office of the United
States Trade Representative (‘‘USTR’’) is
providing notice that the European
Communities has requested dispute
settlement consultations under the
Marrakesh Agreement Establishing the
World Trade Organization (‘‘WTO
Agreement’’). That request may be
found at https://www.wto.org contained
in a document designated as WT/
DS108/27. 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 January 10, 2005, to be assured of
timely consideration by USTR.
ADDRESSES: Comments should be
submitted (i) electronically, to
FR0503@ustr.eop.gov, Attn: ‘‘JOBS Act
(DS108)’’ in the subject line, or (ii) by
fax, to Sandy McKinzy, at 202–395–
3640. For documents sent by fax, USTR
requests that the submitter provide a
confirmation copy to the electronic mail
address listed above.
FOR FURTHER INFORMATION CONTACT:
William D. Hunter, Associate General
Counsel, Office of the United States
Trade Representative, 600 17th Street,
NW., Washington, DC 20508, (202) 395–
3582.
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.
Consistent with this obligation, but in
an effort to provide additional
opportunity for comment, 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
VerDate jul<14>2003
14:47 Dec 30, 2004
Jkt 205001
Public Comment: Requirements for
Submissions
Interested persons are invited to
submit written comments concerning
the issues raised in this dispute. Persons
may submit their comments either (i)
electronically, to FR0503@ustr.eop.gov,
Attn: ‘‘JOBS Act (DS108)’’ in the subject
line, or (ii) by fax to Sandy McKinzy, at
202–395–3640. For documents sent by
fax, USTR requests that the submitter
provide a confirmation copy to the
electronic mail address listed above.
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
135
USTR encourages the submission of
documents in Adobe PDF format, as
attachments to an electronic mail.
Interested persons who make
submissions by electronic mail should
not provide separate cover letters;
information that might appear in a cover
letter should be included in the
submission itself. Similarly, to the
extent possible, any attachments to the
submission should be included in the
same file as the submission itself, and
not as separate files.
Comments must be in English. A
person requesting that information
contained in a comment submitted by
that person 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.
Information or advice contained in a
comment submitted, other than business
confidential information, may be
determined by USTR to be 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) Is encouraged to provide a nonconfidential summary of the
information or advice.
Pursuant to section 127(e) of the
URAA (19 U.S.C. 3537(e)), USTR will
maintain a file on this dispute
settlement proceeding, accessible to the
public, in the USTR Reading Room,
which is located at 1724 F Street, NW.,
Washington, DC 20508. The public file
will include non-confidential comments
received by USTR from the public with
respect to the dispute; if a dispute
settlement panel is convened, the U.S.
submissions to that panel, the
submissions, or non-confidential
summaries of submissions, to the panel
received from other participants in the
dispute, as well as the report of the
panel; and, if applicable, the report of
the Appellate Body. An appointment to
review the public file (Docket WTO/
DS108, JOBS Act dispute) may be made
by calling the USTR Reading Room at
(202) 395–6186. The USTR Reading
Room is open to the public from 9:30
E:\FR\FM\03JAN1.SGM
03JAN1
136
Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Notices
a.m. to noon and 1 p.m. to 4 p.m.,
Monday through Friday.
Bruce R. Hirsh,
Acting Assistant United States Trade
Representative for Monitoring and
Enforcement.
[FR Doc. 04–28673 Filed 12–30–04; 8:45 am]
BILLING CODE 3190–W5–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS319]
WTO Dispute Settlement Proceeding
Regarding Section 776 of the Tariff Act
of 1930 and Antidumping Duty
Investigation on Stainless Steel Bar
From the United Kingdom
Office of the United States
Trade Representative.
ACTION: Notice; request for comments.
AGENCY:
SUMMARY: The Office of the United
States Trade Representative (‘‘USTR’’) is
providing notice that the European
Communities (‘‘EC’’) has requested
dispute settlement consultations under
the Marrakesh Agreement Establishing
the World Trade Organization (‘‘WTO
Agreement’’) regarding the U.S.
antidumping duty (‘‘AD’’) investigation
on stainless steel bar from the United
Kingdom. That request may be found at
https://www.wto.org contained in a
document designated as WT/DS319/1.
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 January 10, 2005, to be assured of
timely consideration by USTR.
ADDRESSES: Comments should be
submitted (i) electronically, to
FR0516@ustr.eop.gov, with ‘‘Attn: UK
Steel Bar (DS319)’’ in the subject line,
or (ii) by fax, to Sandy McKinzy at (202)
395–3640. For documents sent by fax,
USTR requests that the submitter
provide a confirmation copy to the
electronic mail address listed above.
FOR FURTHER INFORMATION CONTACT:
Amy A. Karpel, 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
VerDate jul<14>2003
14:47 Dec 30, 2004
Jkt 205001
of a WTO dispute settlement panel.
Consistent with this obligation, but in
an effort to provide additional
opportunity for comment, 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 six to nine
months after it is established.
Major Issues Raised by the EC
On November 5, 2004, the EC
requested consultations with the United
States pursuant to Article 4 the DSU,
Article XXII:1 of the General Agreement
on Tariffs and Trade 1994 (‘‘GATT
1994’’), and Article 17 of the Agreement
on Implementation of Article VI of the
General Agreement on Tariffs and Trade
1994 (the ‘‘ADA’’) with respect to
Section 776 of the Tariff Act of 1930, as
amended, determinations of dumping
by the U.S. Department of Commerce
(‘‘DOC’’) with respect to Firth Rixson
Special Steels Limited (FRSS), 67 FR
3146 (January 23, 2002), and the
imposition of an antidumping duty
order by the DOC with respect to FRSS
with dumping margins of 125.77%, 67
FR 10381 (March 7, 2002). The EC
asserts that the DOC refused to verify
data submitted by FRSS and rejected
such data for the determination of the
margin of dumping for FRSS, decided to
employ an ‘‘adverse inference’’ in the
selection of facts available with respect
to FRSS, and relied on information
contained in the complaint for the
establishment of the margin of dumping
and antidumping duty for FRSS.
According to the EC, the DOC
determinations in this investigation and
Section 776 of the Tariff Act of 1930 are
inconsistent with Articles 1, 6, and 18.4
and Annex II of the Agreement on the
Implementation of Article VI of the
General Agreement on Tariffs and Trade
1994 (‘‘AD Agreement’’), Article VI 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 their comments either (i)
electronically to FR0516@ustr.eop.gov,
with ‘‘Attn: UK Steel Bar (DS319)’’ in
the subject line, or (ii) by fax, to Sandy
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
McKinzy at (202) 395–3640. For
documents sent by fax, USTR requests
that the submitter provide a
confirmation copy to the electronic mail
address listed above. USTR encourages
the submission of documents in Adobe
PDF format, as attachments to an
electronic mail. Interested persons who
make submissions by electronic mail
should not provide separate cover
letters; information that might appear in
a cover letter should be included in the
submission itself. Similarly, to the
extent possible, any attachments to the
submission should be included in the
same file as the submission itself, and
not as separate files.
A person requesting that information
contained in a comment submitted by
that person 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.
Information or advice contained in a
comment submitted, other than business
confidential information, may be
determined by USTR to be 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 of the submission;
and
(3) Is encouraged to provide a nonconfidential summary of the
information or advice.
Pursuant to section 127(e) of the
URAA (19 U.S.C. 3537(e)), USTR will
maintain a file on this dispute
settlement proceeding, accessible to the
public, in the USTR Reading Room,
which is located at 1724 F Street, NW.,
Washington, DC 20508. The public file
will include non-confidential comments
received by USTR from the public with
respect to the dispute; if a dispute
settlement panel is convened, the U.S.
submissions to that panel, the
submissions, or non-confidential
summaries of submissions, to the panel
received from other participants in the
dispute, as well as the report of the
panel; and, if applicable, the report of
the Appellate Body. An appointment to
review the public file (Docket No. WT/
DS319, UK Steel Bar), may be made by
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Notices]
[Pages 135-136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-28673]
[[Page 135]]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS108]
WTO Dispute Settlement Proceeding Regarding the American JOBS
Creation Act of 2004
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that the European Communities has
requested dispute settlement consultations under the Marrakesh
Agreement Establishing the World Trade Organization (``WTO
Agreement''). That request may be found at https://www.wto.org contained
in a document designated as WT/DS108/27. 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 January 10, 2005, to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0503@ustr.eop.gov, Attn: ``JOBS Act (DS108)'' in the subject line, or
(ii) by fax, to Sandy McKinzy, at 202-395-3640. For documents sent by
fax, USTR requests that the submitter provide a confirmation copy to
the electronic mail address listed above.
FOR FURTHER INFORMATION CONTACT: William D. Hunter, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-3582.
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. Consistent with this obligation, but in an effort to provide
additional opportunity for comment, 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 90 days after
referral of the matter to it.
Major Issues Raised by the EC
On November 5, 2004, the EC requested consultations with the United
States pursuant to Articles 4 and 21.5 of the DSU, Article 4 of the
Agreement on Subsidies and Countervailing Measures (``SCM Agreement''),
Article 19 of the Agreement on Agriculture, and Article XXII:1 of the
General Agreement on Tariffs and Trade 1994 (``GATT 1994'') with
respect to the American JOBS Creation Act of 2004 (``the JOBS Act'').
According to the EC, the JOBS Act, which was enacted on October 22,
2004, was intended to implement the recommendations and rulings of the
WTO Dispute Settlement Body in case WT/DS108 (United States--Tax
Treatment for ``Foreign Sales Corporations'' and United States--Tax
Treatment for ``Foreign Sales Corporations''--Recourse to Article 21.5
of the DSU by the European Communities), but fails to do so properly
and is inconsistent with the same provisions of the WTO Agreement as
was the predecessor legislation.
In particular, the EC considers that Section 101 of the JOBS Act
contains transitional provisions that will allow U.S. exporters to
continue to benefit from the FSC Replacement and Extraterritorial
Income Exclusion Act as follows: (a) In the years 2005 and 2006 with
respect to all export transactions; and (b) for an indefinite period
with respect to certain binding contracts. According to the EC, this
results in a failure to withdraw the subsidy and implement the DSB's
recommendations and rulings. The EC considers that the United States
has failed to withdraw the subsidies as required by Article 4.7 of the
SCM Agreement and has failed to implement the DSB's recommendations and
rulings as required by Articles 19.1 and 21.1 of the DSU. The EC also
considers that the United States continues to violate Articles 3.1(a)
and 3.2 of the SCM Agreement, Articles 10.1 and 8 of the Agreement on
Agriculture and Article III:4 of the GATT 1994.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit their
comments either (i) electronically, to FR0503@ustr.eop.gov, Attn:
``JOBS Act (DS108)'' in the subject line, or (ii) by fax to Sandy
McKinzy, at 202-395-3640. For documents sent by fax, USTR requests that
the submitter provide a confirmation copy to the electronic mail
address listed above.
USTR encourages the submission of documents in Adobe PDF format, as
attachments to an electronic mail. Interested persons who make
submissions by electronic mail should not provide separate cover
letters; information that might appear in a cover letter should be
included in the submission itself. Similarly, to the extent possible,
any attachments to the submission should be included in the same file
as the submission itself, and not as separate files.
Comments must be in English. A person requesting that information
contained in a comment submitted by that person 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.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by USTR to be
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) Is encouraged to provide a 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 file on this dispute settlement proceeding, accessible
to the public, in the USTR Reading Room, which is located at 1724 F
Street, NW., Washington, DC 20508. The public file will include non-
confidential comments received by USTR from the public with respect to
the dispute; if a dispute settlement panel is convened, the U.S.
submissions to that panel, the submissions, or non-confidential
summaries of submissions, to the panel received from other participants
in the dispute, as well as the report of the panel; and, if applicable,
the report of the Appellate Body. An appointment to review the public
file (Docket WTO/DS108, JOBS Act dispute) may be made by calling the
USTR Reading Room at (202) 395-6186. The USTR Reading Room is open to
the public from 9:30
[[Page 136]]
a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday.
Bruce R. Hirsh,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 04-28673 Filed 12-30-04; 8:45 am]
BILLING CODE 3190-W5-P
