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