WTO Dispute Settlement Proceeding Regarding Investigation of the International Trade Commission in Softwood Lumber From Canada, 36687-36688 [05-12484]
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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
E:\FR\FM\24JNN1.SGM
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36688
Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Notices
were amended to reflect the new
determination. On February 14, 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 February
25, 2005.
In its request under Article 21.5,
Canada alleges that the ITC failed to
implement the recommendations and
rulings of the DSB by (1) failing to make
a determination of threat of material
injury based on facts; (2) failing to
demonstrate a causal relationship
between allegedly dumped and
subsidized imports of softwood lumber
from Canada and threatened injury to
the domestic industry; and (3) failing to
examine in an unbiased and objective
manner any and all known factors other
than the allegedly dumped and
subsidized imports that were injuring or
threatening to injure the domestic
industry.
The specific measures identified by
Canada as inconsistent with U.S. WTO
obligations under the AD Agreement
and SCM Agreement are: (1) Section 129
Consistency Determination, Softwood
Lumber from Canada, (24 Nov. 2004),
Inv. Nos. 701–TA–414 and 731–TA–
928; and (2) Notice of Amendment to
Antidumping and Countervailing Duty
Orders on Certain Softwood Lumber
Products From Canada (20 Dec. 2004),
69 FR 75917 (Dep’t. Commerce,
December 20, 2004).
The European Communities and the
People’s Republic of China 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 FR0062@ustr.gov, Attn:
‘‘Lumber Injury Dispute (DS277)’’ 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
VerDate jul<14>2003
19:06 Jun 23, 2005
Jkt 205001
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,
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–277, Lumber Injury 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. 05–12484 Filed 6–23–05; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
First Meeting: RTCA Special
Committee 206/Aeronautical
Information Services (AIS) Data Link
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of first meeting.
AGENCY:
SUMMARY: The FAA is issuing this notice
to advise the public of the initial
meeting of RTCA Special Committee
206/Aeronautical Information Services
(AIS) Data Link. The FAA is holding
this meeting to provide interested
individuals an opportunity to
participate.
The meeting will be held
July 18–20, 2005, from 9 a.m.–5 p.m.
ADDRESSES: The meeting will be held at
RTCA, Inc., 1828 L Street, NW., Suite
805, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT: (1)
RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC, 20036;
telephone (202) 833–9339; fax (202)
833–9434; Web site https://www.rtca.org.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463, 5 U.S.C., Appendix 2), notice is
hereby given for Special Committee
206/Aeronautical Information Services
(AIS) Data Link meeting. RTCA is
establishing Special Committee 206/
Aeronautical Information Services (AIS)
Data Link at the request of the Federal
Aviation Administration. SC–206 is
tasked to develop new Minimum
Aviation System Performance Standards
(MASPS) for Flight Information
Services—‘‘Tactical Use’’ and complete
necessary revisions to existing RTCA
documents DO–267A, Minimum
Aviation System Performance Standards
(MASPS) for Flight Information
Services–Broadcast (FIS/B) Data Lind
and DO–252, Minimum Interoperability
Standards (MIS) for Automated
Meteorological Transmission
(AUTOMET). The agenda will include:
July 18:
• Opening Plenary Session (Welcome,
Chairman Remarks and
Introductions)
• Review and Approve Meeting
Agenda
• Terms of Reference (TOR) Overview
• RTCA/EUROCAE Processes and
Procedures
• Identification of Working Groups,
Chairs, Secretaries
• Presentation: A number of National
and International organizations
including Air Traffic Control
TIME AND DATE:
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]]>Agencies
[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Notices]
[Pages 36687-36688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12484]
-----------------------------------------------------------------------
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
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, 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 (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
[[Page 36688]]
were amended to reflect the new determination. On February 14, 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 February 25, 2005.
In its request under Article 21.5, Canada alleges that the ITC
failed to implement the recommendations and rulings of the DSB by (1)
failing to make a determination of threat of material injury based on
facts; (2) failing to demonstrate a causal relationship between
allegedly dumped and subsidized imports of softwood lumber from Canada
and threatened injury to the domestic industry; and (3) failing to
examine in an unbiased and objective manner any and all known factors
other than the allegedly dumped and subsidized imports that were
injuring or threatening to injure the domestic industry.
The specific measures identified by Canada as inconsistent with
U.S. WTO obligations under the AD Agreement and SCM Agreement are: (1)
Section 129 Consistency Determination, Softwood Lumber from Canada, (24
Nov. 2004), Inv. Nos. 701-TA-414 and 731-TA-928; and (2) Notice of
Amendment to Antidumping and Countervailing Duty Orders on Certain
Softwood Lumber Products From Canada (20 Dec. 2004), 69 FR 75917
(Dep't. Commerce, December 20, 2004).
The European Communities and the People's Republic of China 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 FR0062@ustr.gov, Attn:
``Lumber Injury Dispute (DS277)'' 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 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-277, Lumber Injury 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. 05-12484 Filed 6-23-05; 8:45 am]
BILLING CODE 3190-W5-P
