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