[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Notices]
[Pages 17712-17713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9067]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/D-138]
WTO Dispute Settlement Proceeding Regarding U.S. Countervailing
Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products
Originating in the United Kingdom
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 of the request for the establishment of
a dispute settlement panel under the Marrakesh Agreement Establishing
the World Trade Organization (``WTO''), by the European Communities
(``EC'') to examine the imposition by the United States of
countervailing duties on hot-rolled lead and bismuth carbon steel
products (``leaded bar'') from the United Kingdom. In this dispute, the
EC alleges that such imposition of countervailing duties is
inconsistent with obligations of the United States under the WTO
Agreement of Subsidies and Countervailing measures (``SMC Agreement'').
The 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 by May 21, 1999, to be assured of timely consideration by the
USTR in preparing its first written submission to the panel.
ADDRESSES: Comments may be submitted to Sandy McKinzy, Litigation
Assistant, Office of Monitoring and Enforcement, Room 122, Attn: Leaded
Bar Dispute, Office of the U.S. Trade Representative, 600 17th Street,
NW., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: William D. Hunter, Office of the
General Counsel, (202) 395-3582.
SUPPLEMENTARY INFORMATION: Pursuant to section 127(b)(1) of the Uruguay
Round Agreements Act (``URAA'') (19 U.S.C. 3537(b)(1)), the USTR is
providing notice that on January 14, 1999, the EC submitted a request
for the establishment of a WTO dispute settlement panel to examine the
imposition by the United States of countervailing duties on leaded bar
originating in the United Kingdom. On January 22, 1999, the EC
submitted a revision of its request. The WTO Dispute Settlement Body
established a panel for this purpose on February 17.
Major Issues Raised and Legal Basis of Complaint
In its request for the establishment of a panel, as revised, the EC
alleges the following:
The US refuses to take account of the privatisation or change of
ownership of the body receiving a subsidy, even, if at a full market
price, and to consider whether the subsidy still provides a benefit
when assessing or reassessing, the countervailable subsidy. Instead
the US considers that the subsidy ``travels with'' the assets when
they are transferred. The US allocates the amount of the subsidy to
the new owners of the assets according to a methodology which has no
rational basis and has never been explained or justified in the
determinations.
In particular, no attempt has ever been made in the final
determinations to justify or rationlise what benefits continue to
result from subsidies following privatisation or sale of assets at
fair market prices. The US methodology relied entirely on the
presumption (based mostly on pre-WTO legislation and practice) that
benefits from prior subsidies pass-through without the need to show
that a benefit continues to be conferred as mandated by the [SCM
Agreement].
The EC alleges that the imposition of countervailing duties in the
circumstances described above constitutes a violation of Articles
1.1(b), 10, 14, and 19.4 of the SCM Agreement.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Comments must be in
English and provided in fifteen copies to Sandy McKinzy at the address
provided above. 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 submitting
person. Confidential business information must be clearly marked
``BUSINESS CONFIDENTIAL''
[[Page 17713]]
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 the 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 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)), the
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, N.W.,
Washington, D.C. 20508. The public file will include a listing of any
comments received by the USTR from the public with respect to the
proceeding; the U.S. submissions to the panel in the proceeding, the
submissions, or non-confidential summaries of submissions, to the panel
received from other parties in the dispute, as well as the report of
the dispute settlement panel, and, if applicable, the report of the
Appellate Body. An appointment to review the public file (Docket WTO/D-
138) 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 U.S. Trade Representative for Monitoring and Enforcement.
[FR Doc. 99-9067 Filed 4-9-99; 8:45 am]
BILLING CODE 3190-01-M
