[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11553-11554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4663]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS420]


WTO Dispute Settlement Proceeding Regarding United States--Anti 
Dumping Measures on Corrosion-Resistant Carbon Steel Flat Products From 
Korea

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

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SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that on January 31, 2011, the Republic 
of Korea requested consultations with the United States under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') concerning antidumping measures regarding corrosion-
resistant carbon steel flat products from Korea. That request may be 
found at http://www.wto.org contained in a document designated as WT/
DS420/1. 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 April 1, 2011, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2011-0001. If you are unable 
to provide submissions by http://www.regulations.gov, please contact 
Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of 
transmission. If (as explained below) the comment contains confidential 
information, then the comment should be submitted by fax only to Sandy 
McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Leigh Bacon, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-5859.

SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations 
have been requested pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes (``DSU''). If such 
consultations should fail to resolve the matter and a dispute 
settlement panel is established pursuant to the DSU, such panel, which 
would hold its meetings in Geneva, Switzerland, would be expected to 
issue a report on its findings and recommendations within nine months 
after it is established.

Major Issues Raised by Korea

    On January 31, 2011, Korea requested consultations concerning 
antidumping measures regarding corrosion-resistant carbon steel flat 
products from Korea. Korea challenges what it describes as the ``use of 
the practice of zeroing negative dumping margins in administrative 
reviews, sunset reviews, and liquidations of antidumping duties with 
and without reviews, concerning the case of corrosion-resistant carbon 
steel flat products from Korea,'' as well as ``the imposition of cash 
deposit requirements and the final assessment of antidumping duties 
pursuant thereto'' and ``the ongoing conduct reflected by the use of 
the zeroing methodology in successive proceedings in that case.''
    Korea also states that it would like to raise the following 
``matters'': (1) The Tariff Act of 1930, in particular, sections 731, 
751, 752, 771(35)(A) and (B), and 777A(c) and (d); (2) the Statement of 
Administrative Action that accompanied the Uruguay Round Agreements 
Act, H.R. Doc. No. 103-316, vol. I; (3) implementing regulations of the 
Department of Commerce, 19 CFR section 351, in particular, sections 
351.212(b) and (c), 351.218, and 351.414; (4) the Import Administration 
Antidumping Manual (1997 edition), including the computer program(s) to 
which it refers; (5) the Department of Commerce Policy Bulletin 98.3, 
``Policies Regarding the Conduct of Five-year (`Sunset') Reviews of 
Antidumping and Countervailing Duty Orders'' (``Sunset Policy 
Bulletin''), 63 FR 18871 (16 April 1998); (6) ``the general procedures 
and methodology employed by the United States for determining dumping 
margins in administrative reviews, sunset reviews, and duty assessment 
determinations''; and (7) ``the general procedures and methodology

[[Page 11554]]

employed by the United States, in sunset reviews, for determining 
whether revocation of antidumping orders would be likely to lead to 
continuation or recurrence of dumping within a reasonably foreseeable 
time.''
    Korea alleges inconsistencies with Articles VI:1 and VI:2 of the 
General Agreement on Tariffs and Trade 1994 (``GATT 1994''), Articles 
1, 2.1, 2.4, 2.4.2, 3, 5.8, 9.1, 9.3, 11, 18.3, and 18.4 of the 
Agreement on Implementation of Article VI of the GATT 1994, and Article 
XVI:4 of the WTO Agreement.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this dispute. Persons may submit public 
comments electronically to http://www.regulations.gov docket number 
USTR-2011-0001. If you are unable to provide submissions by http://www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to 
arrange for an alternative method of transmission.
    To submit comments via http://www.regulations.gov, enter docket 
number USTR-2011-0001 on the home page and click ``search''. The site 
will provide a search-results page listing all documents associated 
with this docket. Find a reference to this notice by selecting 
``Notice'' under ``Document Type'' on the left side of the search-
results page, and click on the link entitled ``Submit a Comment.'' (For 
further information on using the http://www.regulations.gov website, 
please consult the resources provided on the website by clicking on 
``How to Use This Site'' on the left side of the home page.)
    The http://www.regulations.gov site provides the option of 
providing comments by filling in a ``Type Comment and Upload File'' 
field, or by attaching a document. It is expected that most comments 
will be provided in an attached document. If a document is attached, it 
is sufficient to type ``See attached'' in the ``Type Comment and Upload 
File'' field.
    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. Any comment 
containing business confidential information must be submitted by fax 
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the 
confidential information must be submitted to http://www.regulations.gov. The non-confidential summary will be placed in the 
docket and open to public inspection.
    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 submitter believes that information 
or advice may qualify as such, the submitter--
    (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 the cover page and each succeeding page; and
    (3) Must provide a non-confidential summary of the information or 
advice.
    Any comment containing confidential information must be submitted 
by fax. A non-confidential summary of the confidential information must 
be submitted to www.regulations.gov. The non-confidential summary will 
be placed in the docket and open to public inspection.
    Pursuant to section 127(e) of the Uruguay Round Agreements Act (19 
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement 
proceeding accessible to the public. 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 or in the event 
of an appeal from such a panel, the U.S. submissions, any non-
confidential submissions, or non-confidential summaries of submissions, 
received from other participants in the dispute, will be made available 
to the public on USTR's Web site at http://www.ustr.gov, and the report 
of the panel, and, if applicable, the report of the Appellate Body, 
will be available on the website of the World Trade Organization, 
http://www.wto.org. Comments open to public inspection may be viewed on 
the http://www.regulations.gov Web site.

Bradford L. Ward,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2011-4663 Filed 3-1-11; 8:45 am]
BILLING CODE 3190-W1-P