WTO Dispute Settlement Proceeding Regarding Final Countervailing Duty Determination With Respect to Certain Softwood Lumber From Canada, 8654-8655 [05-3236]

Download as PDF 8654 Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Notices SUMMARY: The proposed information collection described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). The Tennessee Valley Authority is soliciting public comments on this proposed collection as provided by 5 CFR 1320.8(d)(1). Requests for information, including copies of the information collection proposed and supporting documentation, should be directed to the Agency Clearance Officer: Alice D. Witt, Tennessee Valley Authority, 1101 Market Street (EB 5B), Chattanooga, Tennessee 37402–2801; (423) 751–6832. (SC: 0001JTJ) Comments should be sent to the Agency Clearance Officer no later than April 25, 2005. SUPPLEMENTARY INFORMATION: Type of Request: Regular submission. Title of Information Collection: Confirmation of TVA-Owned Cash. Frequency of Use: One time. Type of Affected Public: Business. Small Businesses or Organizations Affected: No. Federal Budget Functional Category Code: 271. Estimated Number of Annual Responses: 629. Estimated Total Annual Burden Hours: 345.50 hours. Estimated Average Burden Hours Per Response: .55 hours. Need For and Use of Information: We are requesting the information from the financial institutions located near TVA operating plants and offices to determine whether those financial institutions have TVA-owned cash on deposit. We will use the information obtained to confirm the amount of cash included in TVA’s financial statement report. Jacklyn J. Stephenson, Senior Manager, Enterprise Operations Information Services. [FR Doc. 05–3273 Filed 2–18–05; 8:45 am] BILLING CODE 8120–08–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Meeting of the Industry Trade Advisory Committee on Automotive Equipment and Capitol Goods (ITAC– 2) Office of the United States Trade Representative. ACTION: Notice of a partially opened meeting. AGENCY: SUMMARY: The Industry Trade Advisory Committee on Automotive Equipment VerDate jul<14>2003 19:10 Feb 18, 2005 Jkt 205001 and Capitol Goods (ITAC–2) will hold a meeting on Wednesday, March 16, 2005, from 8 a.m. to 11 a.m. The meeting will be closed to the public from 8 a.m. to 9 a.m. and opened to the public from 9 a.m. to 11 a.m. DATES: The meeting is scheduled for March 16, 2005, unless otherwise notified. The meeting will be held at the Las Vegas Convention Center, located at 3150 Paradise Road, Las Vegas, Nevada 89109. FOR FURTHER INFORMATION CONTACT: Richard Reise, DFO for ITAC–2 at (202) 482–3489, Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: During the opened portion of the meeting the following agenda items will be considered. • Advisory Committee System • Free Trade Agreements (FTAs) • World Trade Organization (WTO) Talks • Automotive and Capitol Goods Industry Issues ADDRESSES: Christopher A. Padilla, Assistant U.S. Trade Representative for Intergovernmental Affairs and Public Liaison. [FR Doc. 05–3237 Filed 2–18–05; 8:45 am] BILLING CODE 3190–W5–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Regarding Final Countervailing Duty Determination With Respect to Certain Softwood Lumber From Canada 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 on January 14, 2005, at the request of Canada, the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) established a dispute settlement panel under the Marrakesh Agreement Establishing the WTO. The panel is to examine whether the United States has implemented the recommendations and rulings of the DSB in a dispute involving a U.S. Department of Commerce (Commerce) countervailing duty investigation of certain softwood lumber products from Canada. On February 17, 2004, the DSB adopted its findings in that dispute, which rejected most of Canada’s claims but found that, Frm 00087 Fmt 4703 Sfmt 4703 Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before March 3, 2005, to be assured of timely consideration by USTR. DATES: Comments should be submitted (i) electronically, to FR0517@ustr.gov, Attn: ‘‘Canada Lumber Final CVD (DS257)’’ in the subject line, or (ii) by fax, to Sandy McKinzy at 202–395–3640, with a confirmation copy sent electronically to the e-mail address above. ADDRESSES: L. Daniel Mullaney, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395– 3150. FOR FURTHER INFORMATION CONTACT: [Docket No. WTO/DS–257] PO 00000 consistent with the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement) and the General Agreement on Tariffs and Trade 1994 (GATT 1994), Commerce should have conducted an analysis of whether subsidies ‘‘pass through’’ from certain producers to others with respect to certain log sales. In response to the DSB’s recommendations and rulings, Commerce conducted a pass-through analysis and issued a new determination revising the subsidy rate for the investigation from 18.79% to 18.62%. Canada subsequently requested the establishment of a dispute settlement panel, alleging that the United States had failed to implement the DSB’s recommendations and rulings. The panel was established on January 14, 2005. USTR invites written comments from the public concerning the issues raised in this dispute. 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 the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), the panel, which will hold its meetings in Geneva, Switzerland, is expected to issue a report on its findings and recommendations within approximately four months of the date it is established. SUPPLEMENTARY INFORMATION: Prior WTO Proceedings The dispute settlement panel and Appellate Body reports are publicly available in the USTR reading room and on the WTO Web site http:// www.wto.org. E:\FR\FM\22FEN1.SGM 22FEN1 Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Notices Article 21.5 Proceeding Pursuant to the rules of the DSU, the United States and Canada agreed that the United States would have until December 17, 2004, to implement the recommendations and rulings of the DSB. To implement these recommendations and rulings, Commerce requested information from Canadian producers and from the Government of Canada and conducted a pass-through analysis, issuing a determination on December 6, 2004, that revised the subsidy rate for the investigation from 18.79% to 18.62%. On December 30, 2004, Canada alleged that the United States had not properly implemented the recommendations and rulings and requested the establishment of a dispute settlement panel under Article 21.5 of the DSU to review this implementation. The panel was established on January 14, 2005. In its request under Article 21.5, Canada alleges that Commerce failed to implement the recommendations and rulings of the DSB by incorrectly (1) Limiting the pass-through analysis to only certain categories of sales; (2) determining that certain sales were not at arm’s length and that a pass-through occurred; (3) applying the results of the pass-through analysis to a cash deposit rate ‘‘invalidated as a result of judicial review proceedings’’ and (4) not conducting a pass-through analysis in the first administrative review of the countervailing duty order that resulted from the countervailing duty investigation at issue. The specific measures identified by Canada as inconsistent with U.S. WTO obligations under the SCM Agreement and the GATT 1994 are: (1) Notice of Implementation Under Section 129 of the Uruguay Round Agreements Act; Countervailing Measures Concerning Certain Softwood Lumber Products from Canada, 69 FR 75,305 (Dep’t. Commerce December 16, 2004) and Section 129 Determination: Final Countervailing Duty Determination, Certain Softwood Lumber from Canada (December 6, 2004); (2) Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order: Certain Softwood Lumber Products From Canada, 67 FR 36,070 (Dep’t Commerce May 22, 2002); and (3) Notice of Final Results of Countervailing Duty Administrative Review and Rescission of Certain Company-Specific Reviews: Certain Softwood Lumber Products From Canada, 69 FR 75,917 (Dep’t Commerce December 20, 2004) and Issues and Decision Memorandum: Final Results of Administrative Review: VerDate jul<14>2003 19:10 Feb 18, 2005 Jkt 205001 Certain Softwood Lumber Products From Canada, December 13, 2004. The European Communities has indicated its interest to participate in the dispute as a third party. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in this dispute. Persons submitting comments may either send one copy by fax to Sandy McKinzy at (202) 395–3640, or transmit a copy electronically to FR0438@ustr.gov, Attn: ‘‘Canada Lumber Final CVD (DS257)’’ in the subject line. 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 of the submission. 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 submitting person believes that information or advice may qualify as such, the submitting person— (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 each page 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, PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 8655 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/ DS–257, Canada Lumber Final CVD) 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 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. Daniel E. Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. 05–3236 Filed 2–18–05; 8:45 am] BILLING CODE 3190–W5–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS–320] WTO Dispute Settlement Proceeding Regarding United States—Continued Suspension of Obligations in the EC— Hormones Dispute 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 on January 13, 2005, the United States received from the European Communities (‘‘EC’’) a request for the establishment of a panel under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’) regarding the U.S. suspension of obligations to the EC in the WTO dispute European Communities— Measures Concerning Meat and Meat Products (Hormones). The EC asserts that it has put into force new legislation that brings it into conformity with the recommendations and rulings of the Dispute Settlement Body (‘‘DSB’’) and its obligations under the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (‘‘SPS Agreement’’). The EC therefore challenges the continued U.S. suspension of obligations and imposition of import duties in excess of bound rates on imports from the EC, the alleged U.S. ‘‘unilateral determination’’ that the new EC legislation is in E:\FR\FM\22FEN1.SGM 22FEN1

Agencies

[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Notices]
[Pages 8654-8655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3236]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-257]


WTO Dispute Settlement Proceeding Regarding Final Countervailing 
Duty Determination With Respect to Certain Softwood Lumber From Canada

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 on January 14, 2005, at the request of Canada, 
the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) 
established a dispute settlement panel under the Marrakesh Agreement 
Establishing the WTO. The panel is to examine whether the United States 
has implemented the recommendations and rulings of the DSB in a dispute 
involving a U.S. Department of Commerce (Commerce) countervailing duty 
investigation of certain softwood lumber products from Canada. On 
February 17, 2004, the DSB adopted its findings in that dispute, which 
rejected most of Canada's claims but found that, consistent with the 
WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement) 
and the General Agreement on Tariffs and Trade 1994 (GATT 1994), 
Commerce should have conducted an analysis of whether subsidies ``pass 
through'' from certain producers to others with respect to certain log 
sales. In response to the DSB's recommendations and rulings, Commerce 
conducted a pass-through analysis and issued a new determination 
revising the subsidy rate for the investigation from 18.79% to 18.62%. 
Canada subsequently requested the establishment of a dispute settlement 
panel, alleging that the United States had failed to implement the 
DSB's recommendations and rulings. The panel was established on January 
14, 2005. 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 3, 2005, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
FR0517@ustr.gov, Attn: ``Canada Lumber Final CVD (DS257)'' in the 
subject line, or (ii) by fax, to Sandy McKinzy at 202-395-3640, with a 
confirmation copy sent electronically to the e-mail address above.

FOR FURTHER INFORMATION CONTACT: L. Daniel Mullaney, Associate 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 the WTO Understanding on Rules and Procedures 
Governing the Settlement of Disputes (DSU), the panel, which will hold 
its meetings in Geneva, Switzerland, is expected to issue a report on 
its findings and recommendations within approximately four months of 
the date it is established.

Prior WTO Proceedings

    The dispute settlement panel and Appellate Body reports are 
publicly available in the USTR reading room and on the WTO Web site 
http://www.wto.org.

[[Page 8655]]

Article 21.5 Proceeding

    Pursuant to the rules of the DSU, the United States and Canada 
agreed that the United States would have until December 17, 2004, to 
implement the recommendations and rulings of the DSB. To implement 
these recommendations and rulings, Commerce requested information from 
Canadian producers and from the Government of Canada and conducted a 
pass-through analysis, issuing a determination on December 6, 2004, 
that revised the subsidy rate for the investigation from 18.79% to 
18.62%. On December 30, 2004, Canada alleged that the United States had 
not properly implemented the recommendations and rulings and requested 
the establishment of a dispute settlement panel under Article 21.5 of 
the DSU to review this implementation. The panel was established on 
January 14, 2005.
    In its request under Article 21.5, Canada alleges that Commerce 
failed to implement the recommendations and rulings of the DSB by 
incorrectly (1) Limiting the pass-through analysis to only certain 
categories of sales; (2) determining that certain sales were not at 
arm's length and that a pass-through occurred; (3) applying the results 
of the pass-through analysis to a cash deposit rate ``invalidated as a 
result of judicial review proceedings'' and (4) not conducting a pass-
through analysis in the first administrative review of the 
countervailing duty order that resulted from the countervailing duty 
investigation at issue.
    The specific measures identified by Canada as inconsistent with 
U.S. WTO obligations under the SCM Agreement and the GATT 1994 are: (1) 
Notice of Implementation Under Section 129 of the Uruguay Round 
Agreements Act; Countervailing Measures Concerning Certain Softwood 
Lumber Products from Canada, 69 FR 75,305 (Dep't. Commerce December 16, 
2004) and Section 129 Determination: Final Countervailing Duty 
Determination, Certain Softwood Lumber from Canada (December 6, 2004); 
(2) Notice of Amended Final Affirmative Countervailing Duty 
Determination and Notice of Countervailing Duty Order: Certain Softwood 
Lumber Products From Canada, 67 FR 36,070 (Dep't Commerce May 22, 
2002); and (3) Notice of Final Results of Countervailing Duty 
Administrative Review and Rescission of Certain Company-Specific 
Reviews: Certain Softwood Lumber Products From Canada, 69 FR 75,917 
(Dep't Commerce December 20, 2004) and Issues and Decision Memorandum: 
Final Results of Administrative Review: Certain Softwood Lumber 
Products From Canada, December 13, 2004.
    The European Communities has indicated its interest to participate 
in the dispute as a third party.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this dispute. Persons submitting 
comments may either send one copy by fax to Sandy McKinzy at (202) 395-
3640, or transmit a copy electronically to FR0438@ustr.gov, Attn: 
``Canada Lumber Final CVD (DS257)'' in the subject line. 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 of the 
submission.
    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 submitting person believes that 
information or advice may qualify as such, the submitting person--
    (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 each page 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 No.WT/DS-257, Canada Lumber Final CVD) 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 a.m. to noon and 1 p.m. to 4 p.m., 
Monday through Friday.

Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 05-3236 Filed 2-18-05; 8:45 am]
BILLING CODE 3190-W5-P