[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Notices]
[Pages 4028-4029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01332]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS488]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures on Oil Country Tubular Goods 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 December 22, 2014, the Republic 
of Korea requested consultations with the United States under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') concerning antidumping measures on oil country tubular 
goods from Korea. That request may be found at www.wto.org contained in 
a document designated as WT/DS488/1. 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 February 18, 2015, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2015-0001. If you are unable to 
provide submissions by 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: Matthew Jaffe, Assistant General 
Counsel, or Ross Bidlingmaier, Assistant General Counsel, Office of the 
United States Trade Representative, 600 17th Street NW., Washington, DC 
20508, (202) 395-3150.

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 July 18, 2014, the Department of Commerce (``Commerce'') 
published in the Federal Register notice of its final affirmative less-
than-fair-value (``LTFV'') determination in the antidumping 
investigation concerning oil country tubular goods from Korea (79 FR 
41983). On September 10, 2014, Commerce published the antidumping duty 
order (79 FR 53691).
    On December 22, 2014, Korea requested consultations concerning 
antidumping measures on oil country tubular goods from Korea. Korea's 
challenge includes the final LTFV determination and antidumping order, 
as well as ``all administrative reviews, new shipper reviews, changed 
circumstances reviews, sunset reviews, and other segments.'' Korea 
alleges that these measures are inconsistent with various provisions of 
the Anti-Dumping Agreement and the General Agreement on Tariffs and 
Trade 1994.
    In its request for consultations, Korea challenges Commerce's 
calculation of the constructed value profit rate for the Korean 
respondents. Korea alleges inconsistencies with Articles 2.2, 2.2.2, 
2.4, 6.2, 6.4, 6.9, and 12.2.2 of the Anti-Dumping Agreement, and 
Articles I and X:3 of the General Agreement on Tariffs and Trade 1994.
    Korea also challenges Commerce's conclusion that ``the Korean 
respondent NEXTEEL was affiliated with an unaffiliated supplier and an 
unaffiliated customer'' within the meaning of Article 2.3 of the Anti-
Dumping Agreement. In addition, Korea challenges Commerce's decision to 
select two mandatory respondents as inconsistent with Article 6.10, 
including Articles 6.10.1 and 6.10.2 of the Anti-Dumping Agreement.
    Finally, Korea challenges ``as such'' Commerce's use of an alleged 
methodology to determine whether a respondent's home market sales are 
viable for the purposes of calculating normal value. Korea also 
challenges Commerce's application of this alleged methodology in the 
measures included in Korea's request for consultations. Korea alleges 
inconsistencies with Article 2.2 of the Anti-Dumping 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 www.regulations.gov docket number USTR-2015-
0001. If you are unable to provide submissions by www.regulations.gov, 
please contact Sandy McKinzy at (202) 395-9483 to arrange for an 
alternative method of transmission.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2015-0001 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 ``Comment Now!'' (For further 
information on using the www.regulations.gov Web site, please consult 
the resources provided on the Web site by clicking on ``How to Use This 
Site'' on the left side of the home page.)
    The www.regulations.gov Web site allows users to provide comments 
by filling in a ``Type Comments'' field, or by attaching a document 
using an ``Upload File'' field. 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 Comments'' field.
    A person requesting that information contained in a comment that 
he/she submitted 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 www.regulations.gov. The 
non-confidential summary will be placed in the docket and will be open 
to public inspection.
    USTR may determine that information or advice contained in a 
comment submitted, 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 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

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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 will be 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, docket number USTR-2015-0001, accessible to the public at 
www.regulations.gov.
    The public file will include non-confidential comments received by 
USTR from the public regarding the dispute. If a dispute settlement 
panel is convened, or in the event of an appeal from such a panel, the 
following documents will be made available to the public at 
www.ustr.gov: The United States' submissions, any non-confidential 
submissions received from other participants in the dispute, and any 
non-confidential summaries of submissions received from other 
participants in the dispute. In the event that a dispute settlement 
panel is convened, or in the event of an appeal from such a panel, the 
report of the panel, and, if applicable, the report of the Appellate 
Body, will also be available on the Web site of the World Trade 
Organization, at www.wto.org. Comments open to public inspection may be 
viewed at www.regulations.gov.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2015-01332 Filed 1-23-15; 8:45 am]
BILLING CODE 3290-F5-P