[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Pages 28486-28488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13066]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0010; Dispute Number WT/DS539]


WTO Dispute Settlement Proceeding Regarding Korea--Anti-Dumping 
and Countervailing Duties on Certain Products and the Use of Facts 
Available

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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SUMMARY: The Office of the United States Trade Representative (USTR) is

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providing notice that the Republic of Korea (Korea) has requested the 
establishment of a dispute settlement panel under the Marrakesh 
Agreement Establishing the World Trade Organization (WTO Agreement). 
That request may be found at www.wto.org in a document designated as 
WT/DS539/6. 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, you should submit your 
comment on or before July 16, 2018, to be assured of timely 
consideration by USTR.

ADDRESSES: USTR strongly prefers electronic submissions made the 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments in Section III below. The docket 
number USTR-2018-0010. For alternatives to on-line submissions, please 
contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Associate General Counsel Brian 
Janovitz at (202) 395-7139 or Assistant General Counsel Philip Butler 
at (202) 395-5804.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 127(b)(1) of the Uruguay Round Agreements Act (URAA) (19 
U.S.C. 3537(b)(1)) requires notice and opportunity for comment after 
the United States submits or receives a request for the establishment 
of a WTO dispute settlement panel. Pursuant to this provision, USTR is 
providing notice that the United States has received a request for a 
dispute settlement panel pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes. The WTO has 
established a dispute settlement panel, and the panel will hold its 
meetings in Geneva, Switzerland.

II. Major Issues Raised by the Republic of Korea

    On April 16, 2018, Korea requested the establishment of a WTO 
dispute settlement panel regarding the use by the U.S. Department of 
Commerce (DOC) of facts available in various segments of the following 
investigations:
    <bullet> Anti-Dumping Duties on Certain Corrosion-Resistant Steel 
Products from the Republic of Korea (DOC investigation number A-580-
878).
    <bullet> Anti-Dumping Duties on Certain Cold-Rolled Steel Flat 
Products from the Republic of Korea (USDOC investigation number A-580-
881).
    <bullet> Countervailing Duties on Certain Cold-Rolled Steel Flat 
Products from the Republic of Korea (DOC investigation number C-580-
882).
    <bullet> Anti-Dumping Duties on Certain Hot-Rolled Steel Flat 
Products from the Republic of Korea (DOC investigation number A-580-
883).
    <bullet> Countervailing Duties on Certain Hot-Rolled Steel Flat 
Products from the Republic of Korea (DOC investigation number C-580-
884).
    <bullet> Anti-Dumping Duties on Large Power Transformers from the 
Republic of Korea (DOC investigation number A-580-867).
    Korea alleges that the challenged measures are inconsistent with 
U.S. WTO obligations under Article 6.8 and Annex II of the Anti-Dumping 
Agreement and Article 12.7 of the Agreement on Subsidies and 
Countervailing Measures (SCM Agreement). Korea further alleges that the 
United States failed to comply with a number of supposedly related 
procedural and substantive obligations under the Anti-Dumping Agreement 
and the SCM Agreement.
    In addition, Korea alleges that section 776 of the Tariff Act of 
1930, codified at 19 U.S.C. 1677e, as amended by section 502 of the 
Trade Preferences Extension Act of 2015, and the certain related legal 
provisions governing the use of facts available, are ``as such'' 
inconsistent with the Anti-Dumping Agreement and the SCM Agreement. 
Korea also challenges DOC's ``use of adverse facts available'' as a 
purported ``ongoing conduct, or rule or nom'' when DOC allegedly 
``selects facts from the record that are adverse to the interests of 
the foreign producers or exporters without (i) establishing that the 
adverse inferences can reasonably be drawn in light of the degree of 
cooperation received, and (ii) ensuring that such facts are the `best 
information available' in the particular circumstances.''

III. Public Comments: Requirements for Submissions

    USTR invites written comments concerning the issues raised in this 
dispute. All submissions must be in English and sent electronically via 
www.regulations.gov. To submit comments via www.regulations.gov, enter 
docket number USTR-2018-0010 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 ``comment now!'' 
For further information on using the www.regulations.gov website, 
please consult the resources provided on the website by clicking on 
``How to Use Regulations.gov'' on the bottom of the home page.
    The www.regulations.gov website allows users to provide comments by 
filling in a ``type comment'' field, or by attaching a document using 
an ``Upload file'' field. USTR prefers that comments be provided in an 
attached document. If a document is attached, it is sufficient to type 
``see attached'' in the ``type comment'' field. USTR prefers 
submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the 
submission is in an application other than those two, please indicate 
the name of the application in the ``type comment'' field.
    For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC.'' Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top and bottom of that page and the submission 
should clearly indicate, via brackets, highlighting, or other means, 
the specific information that is business confidential. If you request 
business confidential treatment, you must certify in writing that 
disclosure of the information would endanger trade secrets or 
profitability, and that the information would not customarily be 
released to the public. Filers of submissions containing business 
confidential information also must submit a public version of their 
comments. The file name of the public version should begin with the 
character ``P''. The ``BC'' and ``P'' should be followed by the name of 
the person or entity submitting the comments or rebuttal comments. If 
these products are not sufficient to protect business confidential 
information or otherwise protect business interests, please contact 
Sandy McKinzy at (202) 395-9483 to discuss whether alternative 
arrangements are possible.
    USTR may determine that information or advice contained in a 
comment, other than business confidential information, is confidential 
in accordance with section 135(g)(2) of the Trade Act of 1974 (19 
U.S.C. 2155(g)(2)). If a submitter believes that information or advice 
is confidential, s/he must clearly designate the information or advice 
as confidential and mark it as ``SUBMITTED IN CONFIDENCE'' at the top 
and bottom of the cover page and each succeeding page, and provide a

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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 docket on this dispute settlement proceeding, docket 
number USTR-2018-0010, accessible to the public at www.regulations.gov. 
The public file will include non-confidential public comments USTR 
receives regarding the dispute. If a dispute settlement panel is 
convened, or in the event of an appeal from a panel, USTR will make the 
following documents publicly available at www.ustr.gov: The U.S. 
submissions and any non-confidential summaries of submissions received 
from other participants in the dispute. If a dispute settlement panel 
is convened, or in the event of an appeal from a panel, the report of 
the panel, and, if applicable, the report of the Appellate Body, will 
also be available on the website of the World Trade Organization, at 
www.wto.org.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2018-13066 Filed 6-18-18; 8:45 am]
 BILLING CODE 3290-F8-P