[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Notices]
[Pages 41515-41516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16962]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/D-202]


WTO Consultations Regarding U.S. Action Under Section 203 of the 
Trade Act of 1974 Concerning Line Pipe

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 June 13, 2000, Korea requested consultations 
with the United States under the Marrakesh Agreement Establishing the 
World Trade Organization (WTO), regarding the U.S. action under section 
203 of the Trade Act of 1974 (``Trade Act'') (19 U.S.C. 2253) 
concerning line pipe. Presidential Proclamation 7274, issued on 
February 18, imposed safeguards on imports of line pipe, effective 
March 1, 2000 (65 FR 9193, February 23, 2000). Korea alleges that the 
U.S. action on line pipe is inconsistent with various provisions of the 
WTO Agreement on Safeguards and the General Agreement on Tariffs and 
Trade 1994 (``GATT 1994''). Pursuant to Article 4.3 of the WTO Dispute 
Settlement Understanding (``DSU''), such consultations are to take 
place within a period of 30 days from the date of the request, or 
within a period otherwise mutually agreed between the United States and 
Korea. USTR invites written comments from the public concerning the 
issues raised in this dispute.

DATES:  Although the USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before July 21 to be assured of timely consideration by 
USTR prior to consulting with Korea.

ADDRESSES:  Submit comments to Sandy McKinzy, Monitoring and 
Enforcement Unit, Office of the General Counsel, Room 122, Office of 
the United States Trade Representative, 600 17th Street, NW., 
Washington, DC, 20508, Attn: Line Pipe Dispute. Telephone (202) 395-
3582.

FOR FURTHER INFORMATION CONTACT:  Rachel Shub, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC, (202) 395-7305.

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 receives a 
request for the establishment of a WTO dispute settlement panel. 
Consistent with this obligation, but in an effort to provide additional 
opportunity for comment, USTR is providing notice that consultations 
have been requested pursuant to the WTO Dispute Settlement 
Understanding. 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 
six to nine months after it is established.

Major Issues Raised by Korea

    On December 22, 1999, the United States International Trade 
Commission (USITC) transmitted to the President an affirmative 
determination in its investigation under section 202 of the Trade Act 
(19 U.S.C. 2252), with respect to imports of certain circular welded 
carbon quality line pipe (line pipe) provided for in subheadings 
7306.10.10 and 7306.10.50 of the Harmonized Schedule of the United 
States. The USITC determined that line pipe is being imported in such 
increased quantities as to be a substantial cause of serious injury or 
the threat of serious injury to the domestic industry producing a like 
or directly competitive article.
    On February 18, 2000, pursuant to section 203 of the Trade Act (19 
U.S.C. 2253), Presidential proclamation 7274 imposed increases in 
duties on imports of line pipe in excess of 9000 short tons (8,164,663 
kg) from each country, effective March 1, 2000 through March 1, 2003. 
Proclamation 7274 exempts products of Canada and Mexico from these duty 
increases. Korea alleges that ``the U.S. procedures and determinations 
that led to the imposition of the safeguard measure as

[[Page 41516]]

well as the measure itself'' are inconsistent with U.S. obligations 
under Articles 2, 3, 4, 5, 11 and 12 of the WTO Agreement on Safeguards 
and with Articles I, XIII and XIX of the GATT 1994.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. Comments must be in 
English and provided in fifteen copies. 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 commenter. Confidential business information must be 
clearly marked ``BUSINESS CONFIDENTIAL'' in a contrasting color ink at 
the top of each page of each copy.
    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 so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
in a contrasting color ink at the top of each page of each copy; 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: Room 101, Office of the United 
States Trade Representative, 600 17th Street, NW., Washington, DC 
20508. The public file will include a listing of any comments received 
by USTR from the public with respect to the proceeding; and, if 
applicable, the U.S. submissions to the panel in the proceeding, 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 dispute settlement panel, and the report of the Appellate Body. 
An appointment to review the public file (Docket WTO/D-202, Line Pipe 
Dispute) may be made by calling Brenda Webb, (202) 395-6186. The USTR 
Reading Room is open to the public from 9:30 a.m. to 12 noon and 1 p.m. 
to 4 p.m., Monday through Friday.

A. Jane Bradley,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 00-16962 Filed 7-3-00; 8:45 am]
BILLING CODE 3190-01-M