WTO Dispute Settlement Proceeding Regarding Final Dumping Determination on Softwood Lumber from Canada, 36685-36687 [05-12483]

Download as PDF Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Notices or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NYSE–2005–42 on the subject line. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.10 Jill M. Peterson, Assistant Secretary. [FR Doc. E5–3284 Filed 6–23–05; 8:45 am] Dated: June 17, 2005. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. 05–12572 Filed 6–23–05; 8:45 am] BILLING CODE 8010–01–P BILLING CODE 4710–08–P DEPARTMENT OF STATE DEPARTMENT OF STATE [Public Notice 5118] [Public Notice 5119] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Lords of Creation: the Origins of Sacred Maya Kingship’’ Notice of Public Meeting FY 2006 Refugee Admissions Program Department of State. Notice. AGENCY: ACTION: SUMMARY: Notice is hereby given of the following determinations: Pursuant to Paper Comments the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. • Send paper comments in triplicate 2459), Executive Order 12047 of March to Jonathan G. Katz, Secretary, 27, 1978, the Foreign Affairs Reform and Securities and Exchange Commission, Restructuring Act of 1998 (112 Stat. 100 F Street, NE., Washington, DC 2681, et seq.; 22 U.S.C. 6501 note, et 20549–9303. seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority All submissions should refer to File No. 236 of October 19, 1999, as Number SR–NYSE–2005–42. This file amended, and Delegation of Authority number should be included on the subject line if e-mail is used. To help the No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be Commission process and review your included in the exhibition ‘‘Lords of comments more efficiently, please use Creation: the Origins of Sacred Maya only one method. The Commission will post all comments on the Commission’s Kingship,’’ imported from abroad for temporary exhibition within the United Internet Web site (http://www.sec.gov/ States, are of cultural significance. The rules/sro.shtml). Copies of the objects are imported pursuant to loan submission, all subsequent agreements with the foreign lenders. I amendments, all written statements also determine that the exhibition or with respect to the proposed rule display of the exhibit objects at the Los change that are filed with the Angeles County Museum of Art, Los Commission, and all written Angeles, CA, from on or about communications relating to the September 10, 2005, to on or about proposed rule change between the January 2, 2006; Dallas Museum of Art, Commission and any person, other than Dallas, TX, from on or about February those that may be withheld from the 12, 2006, to on or about May 7, 2006; public in accordance with the Metropolitan Museum of Art, New York, provisions of 5 U.S.C. 552, will be NY, from on or about June 11, 2006, to available for inspection and copying in on or about September 10, 2006, and at possible additional venues yet to be the Commission’s Public Reference determined, is in the national interest. Section, 100 F Street, NE., Washington, DC 20549. Copies of such filing also will Public Notice of these Determinations is ordered to be published in the Federal be available for inspection and copying Register. at the principal office of the Exchange. FOR FURTHER INFORMATION CONTACT: For All comments received will be posted further information, including a list of without change; the Commission does the exhibit objects, contact Julianne not edit personal identifying Simpson, Attorney-Adviser, Office of information from submissions. You the Legal Adviser, U.S. Department of should submit only information that you wish to make available publicly. All State, (telephone: (202) 453–8049). The address is U.S. Department of State, SA– submissions should refer to File Number SR–NYSE–2005–42 and should 44, 301 4th Street, SW., Room 700, be submitted on or before July 15, 2005. Washington, DC 20547–0001. 10 17 VerDate jul<14>2003 19:06 Jun 23, 2005 Jkt 205001 36685 PO 00000 CFR 200.30–3(a)(12). Frm 00129 Fmt 4703 Sfmt 4703 There will be a meeting on the President’s FY 2006 Refugee Admissions Program on Wednesday, July 13, 2005 from 2 p.m. to 4 p.m. The meeting will be held at the Refugee Processing Center, 1401 Wilson Boulevard, Suite 700, Arlington, Virginia. The meeting’s purpose is to hear the views of attendees on the appropriate size and scope of the FY 2006 Refugee Admissions Program. Seating is limited. Persons wishing to attend this meeting must Notify the Bureau of Population, Refugees, and Migration at (202) 663–1056 by 5 p.m. (e.d.t.), Wednesday, July 6, 2005 to arrange for admission. Persons wishing to present oral comments or submit written comments for consideration, must provide them in writing by 5 p.m. (e.d.t.), Wednesday, July 6, 2006. All comments should be faxed to (202) 663–1364. Information about the Refugee Admissions Program may be found at http://www.state.gov/g/prm/. Whitney Reitz, Overseas Program Section Chief, Bureau of Population, Refugees, and Migration, Department of State. [FR Doc. 05–12573 Filed 6–23–05; 8:45 am] BILLING CODE 4710–33–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS–264] WTO Dispute Settlement Proceeding Regarding Final Dumping Determination on 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 June 1, 2005, at the request of Canada, the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) established a E:\FR\FM\24JNN1.SGM 24JNN1 36686 Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Notices 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) determination that certain softwood lumber products from Canada are being sold in the United States at less than fair value (LTFV). On August 31, 2004, the DSB adopted the findings of the panel and the WTO Appellate Body in that dispute. Those findings rejected all of Canada’s claims, except the claim that Commerce’s methodology for aggregating dumping levels determined by comparing weighted average export price to weighted average normal value for groups of comparable transactions was inconsistent with Article 2.4.2 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (Antidumping Agreement). In response to the DSB’s recommendations and rulings, Commerce revised its methodology. Instead of determining dumping levels on a weighted average-to-weighted average basis, Commerce determined dumping levels on a transaction-totransaction basis. On April 27, 2005, Commerce issued a Notice of Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Certain Softwood Lumber Products From Canada. That Notice, published in the Federal Register on May 2, 2005 (70 FR 22636), implements the new determination. 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 June 1, 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 July 22, 2005, to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted (i) electronically, to FR0064@ustr.gov, Attn: ‘‘DS264 Dispute’’ in the subject line, or (ii) by fax, to Sandy McKinzy at (202) 395– 3640, with a confirmation copy sent electronically to the email address above. FOR FURTHER INFORMATION CONTACT: Theodore R. Posner, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, VerDate jul<14>2003 19:06 Jun 23, 2005 Jkt 205001 NW., Washington, DC 20508, (202) 395– 3150. SUPPLEMENTARY INFORMATION: 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 in September 2005. Prior WTO Proceedings On August 31, 2004, the WTO DSB adopted the reports of a dispute settlement panel and the Appellate Body in a dispute brought by Canada challenging the initiation, scope, and methodology of Commerce’s investigation of LTFV sales in the United States of certain softwood lumber products from Canada. The panel rejected all of Canada’s claims, except its claim concerning Commerce’s use of the so-called ‘‘zeroing’’ methodology in aggregating dumping levels determined by making weighted average-to-weighted average comparisons between groups of home market sales and comparable groups of sales for export to the United States. The panel’s findings were upheld by the Appellate Body in all respects. The panel and Appellate Body reports are publicly available in the USTR reading room and on the WTO Web site http://www.wto.org. Article 21.5 Proceeding Pursuant to the rules of the DSU, the United States and Canada agreed that the United States would have until May 2, 2005, to implement the recommendations and rulings of the DSB. To implement these recommendations and rulings, Commerce undertook a revision of the calculation of dumping margins in the Softwood Lumber from Canada investigation. That process concluded with a new determination, which Commerce issued to the United States Trade Representative on April 19, 2005. In the new determination, Commerce calculated levels of dumping on a transaction-to-transaction basis (as opposed to a weighted average-toweighted average basis), and then aggregated the results of these comparisons to determine dumping margins for particular producers and exporters. Following consultations with Commerce and with congressional committees, the Trade Representative directed Commerce to implement the new determination on April 27, 2005. Commerce did so through a Notice of Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Certain PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 Softwood Lumber Products From Canada, effective April 27, 2005 and published in the Federal Register on May 2, 2005 (70 FR 22636). On May 19, 2005, 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 June 1, 2005. In its request under Article 21.5, Canada alleges that Commerce failed to implement the recommendations and rulings of the DSB by using ‘‘zeroing’’ in aggregating levels of dumping determined on a transaction-totransaction basis. The specific measures identified by Canada as inconsistent with U.S. WTO obligations under the AD Agreement and SCM Agreement are: (1) Notice of Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Certain Softwood Lumber Products From Canada, 70 FR 22636 (May 2, 2005); and (2) Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Softwood Lumber Products from Canada, 67 FR 36068 (May 22, 2002). The People’s Republic of China, the European Communities, India, Japan, and New Zealand have indicated their interest to participate in the dispute as third parties. 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 FR0064@ustr.gov, Attn: ‘‘DS264 Dispute’’ 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. Comments must be in English. 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 E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Notices 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, 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–264, Lumber Antidumping 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 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. 05–12483 Filed 6–23–05; 8:45 am] BILLING CODE 3190–W5–P VerDate jul<14>2003 19:06 Jun 23, 2005 Jkt 205001 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS–277] WTO Dispute Settlement Proceeding Regarding Investigation of the International Trade Commission in 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, at the request of Canada, the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) has 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. International Trade Commission (ITC) injury investigation of certain softwood lumber products from Canada. On April 26, 2004, the DSB adopted the findings of the panel in that dispute, which found that ‘‘in light of the totality of the factors considered and the reasoning in the USITC’s determination, [it could not] conclude that the finding of a likely imminent substantial increase in imports is one which could have been reached by an objective and unbiased investigating authority.’’ In response to the DSB’s recommendations and rulings, the ITC issued a new determination in November 2004, which found that ‘‘an industry in the United States is threatened with material injury by reason of imports of softwood lumber from Canada found to be subsidized and sold in the United States at less than fair value (‘LTFV’).’’ In December 2004, the U.S. antidumping and countervailing duty orders on softwood lumber from Canada were amended to reflect the new determination. 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. 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 June 27, 2005, to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted (i) electronically, to FR0062@ustr.gov, Attn: ‘‘Lumber Injury Dispute (DS277)’’ in the subject line, or PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 36687 (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: Theodore R. Posner, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395– 3150. SUPPLEMENTARY INFORMATION: 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 in September 2005. Prior WTO Proceedings On April 26, 2004, the WTO DSB adopted the report of a dispute settlement panel in a dispute brought by Canada challenging the ITC’s final threat of material injury determination in its investigation of softwood lumber imports from Canada. The panel rejected certain of Canada’s claims but ultimately found that ‘‘in light of the totality of the factors considered and the reasoning in the USITC’s determination, [it could not] conclude that the finding of a likely imminent substantial increase in imports is one which could have been reached by an objective and unbiased investigating authority.’’ The dispute settlement panel report is publicly available in the USTR reading room and on the WTO Web site http://www.wto.org. Article 21.5 Proceeding Pursuant to the rules of the DSU, the United States and Canada agreed that the United States would have until January 26, 2005, to implement the recommendations and rulings of the DSB. To implement these recommendations and rulings, the ITC undertook a four-month process that involved reopening its administrative record in the Softwood Lumber from Canada investigation to gather additional information, holding a public hearing, providing interested parties three opportunities to submit written comments, and engaging in additional analysis. That process concluded with a new determination in November 2004, which found that ‘‘an industry in the United States is threatened with material injury by reason of imports of softwood lumber from Canada found to be subsidized and sold in the United States at less than fair value (‘LTFV’).’’ In December 2004, the U.S. antidumping and countervailing duty orders on softwood lumber from Canada E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Notices]
[Pages 36685-36687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12483]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-264]


WTO Dispute Settlement Proceeding Regarding Final Dumping 
Determination on 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 June 1, 2005, at the request of Canada, the 
Dispute Settlement Body (DSB) of the World Trade Organization (WTO) 
established a

[[Page 36686]]

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) determination that certain 
softwood lumber products from Canada are being sold in the United 
States at less than fair value (LTFV). On August 31, 2004, the DSB 
adopted the findings of the panel and the WTO Appellate Body in that 
dispute. Those findings rejected all of Canada's claims, except the 
claim that Commerce's methodology for aggregating dumping levels 
determined by comparing weighted average export price to weighted 
average normal value for groups of comparable transactions was 
inconsistent with Article 2.4.2 of the Agreement on Implementation of 
Article VI of the General Agreement on Tariffs and Trade (Antidumping 
Agreement). In response to the DSB's recommendations and rulings, 
Commerce revised its methodology. Instead of determining dumping levels 
on a weighted average-to-weighted average basis, Commerce determined 
dumping levels on a transaction-to-transaction basis. On April 27, 
2005, Commerce issued a Notice of Determination Under Section 129 of 
the Uruguay Round Agreements Act: Antidumping Measures on Certain 
Softwood Lumber Products From Canada. That Notice, published in the 
Federal Register on May 2, 2005 (70 FR 22636), implements the new 
determination. 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 June 1, 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 July 22, 2005, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
FR0064@ustr.gov, Attn: ``DS264 Dispute'' in the subject line, or (ii) 
by fax, to Sandy McKinzy at (202) 395-3640, with a confirmation copy 
sent electronically to the email address above.

FOR FURTHER INFORMATION CONTACT: Theodore R. Posner, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-3150.

SUPPLEMENTARY INFORMATION: 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 in September 2005.

Prior WTO Proceedings

    On August 31, 2004, the WTO DSB adopted the reports of a dispute 
settlement panel and the Appellate Body in a dispute brought by Canada 
challenging the initiation, scope, and methodology of Commerce's 
investigation of LTFV sales in the United States of certain softwood 
lumber products from Canada. The panel rejected all of Canada's claims, 
except its claim concerning Commerce's use of the so-called ``zeroing'' 
methodology in aggregating dumping levels determined by making weighted 
average-to-weighted average comparisons between groups of home market 
sales and comparable groups of sales for export to the United States. 
The panel's findings were upheld by the Appellate Body in all respects. 
The panel and Appellate Body reports are publicly available in the USTR 
reading room and on the WTO Web site http://www.wto.org.

Article 21.5 Proceeding

    Pursuant to the rules of the DSU, the United States and Canada 
agreed that the United States would have until May 2, 2005, to 
implement the recommendations and rulings of the DSB. To implement 
these recommendations and rulings, Commerce undertook a revision of the 
calculation of dumping margins in the Softwood Lumber from Canada 
investigation. That process concluded with a new determination, which 
Commerce issued to the United States Trade Representative on April 19, 
2005. In the new determination, Commerce calculated levels of dumping 
on a transaction-to-transaction basis (as opposed to a weighted 
average-to-weighted average basis), and then aggregated the results of 
these comparisons to determine dumping margins for particular producers 
and exporters. Following consultations with Commerce and with 
congressional committees, the Trade Representative directed Commerce to 
implement the new determination on April 27, 2005. Commerce did so 
through a Notice of Determination Under Section 129 of the Uruguay 
Round Agreements Act: Antidumping Measures on Certain Softwood Lumber 
Products From Canada, effective April 27, 2005 and published in the 
Federal Register on May 2, 2005 (70 FR 22636). On May 19, 2005, 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 June 1, 2005.
    In its request under Article 21.5, Canada alleges that Commerce 
failed to implement the recommendations and rulings of the DSB by using 
``zeroing'' in aggregating levels of dumping determined on a 
transaction-to-transaction basis.
    The specific measures identified by Canada as inconsistent with 
U.S. WTO obligations under the AD Agreement and SCM Agreement are: (1) 
Notice of Determination Under Section 129 of the Uruguay Round 
Agreements Act: Antidumping Measures on Certain Softwood Lumber 
Products From Canada, 70 FR 22636 (May 2, 2005); and (2) Notice of 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Certain Softwood Lumber Products from Canada, 
67 FR 36068 (May 22, 2002).
    The People's Republic of China, the European Communities, India, 
Japan, and New Zealand have indicated their interest to participate in 
the dispute as third parties.

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 FR0064@ustr.gov, Attn: 
``DS264 Dispute'' 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.
    Comments must be in English. 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

[[Page 36687]]

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-264, Lumber Antidumping 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 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. 05-12483 Filed 6-23-05; 8:45 am]
BILLING CODE 3190-W5-P