[Federal Register Volume 64, Number 117 (Friday, June 18, 1999)]
[Notices]
[Pages 32919-32920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15454]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-162 and WTO/DS-136]
WTO Dispute Settlement Proceeding Regarding the Antidumping Act
of 1916
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 by the Government of
Japan for the establishment of dispute settlement panels under the
Marrakesh Agreement Establishing the World Trade Organization (``WTO'')
to examine the Antidumping Act of 1916 (``the 1916 Act''). On February
1, 1999, a separate WTO dispute settlement panel was established at the
request of the European Communities (``EC'') to examine the same
matter. Japan and the EC both allege that this statute is inconsistent
with obligations of the United States under the General Agreement on
Tariffs and Trade 1994 (``GATT 1994'') and the Agreement on
Implementation of Article VI of GATT 1994 (``the Antidumping
Agreement''). The USTR invites written comments from the public
concerning the issues raised in these disputes.
DATES: Although the USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted by July 15, 1999, to be assured of timely consideration by
the USTR.
ADDRESSES: Comments may be submitted to Sandy McKinzy, Litigation
Assistant, Office of Monitoring and Enforcement, Room 122, Attn: DS162
and DS 136 Disputes, Office of the United States Trade Representative,
600 17th Street NW, Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: Rhona Schnare, Assistant General
Counsel, 202-395-3582.
SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), the USTR is
providing notice that on February 1, 1999, a WTO dispute settlement
panel was established at the request of the European Communities to
examine the Antidumping Act of 1916 and that, on June 3, 1999, the
Government of Japan submitted a separate request for the establishment
of a dispute settlement panel to examine the same matter.
Major Issues Raised and Legal Basis of the Complaint
Both the EC and Japan allege that the 1916 Act is inconsistent with
Article III:4 of GATT 1994 which requires that imported products shall
be accorded treatment no less favorable than that accorded to like
domestic products in respect of all laws, regulations and requirements
affecting their internal sale, etc. The EC and Japan also assert that
the 1916 Act is inconsistent with Article VI of GATT 1994 and various
provisions of the Antidumping Agreement. Specifically, Japan alleges
that the 1916 Act is inconsistent with Article VI:2 and 18.1 of the
Antidumping Agreement, which Japan asserts permits the imposition of
antidumping duties as the only possible remedy for dumping. Japan also
alleges that the 1916 Act is inconsistent with Articles 1, 2, 3, 4, 5,
9 and 11 of the Antidumping Agreement and Article XI of GATT 1994.
The EC alleges that the 1916 Act is inconsistent with Article VI:2
of GATT 1994, which the EC asserts provides the sole remedy for
dumping. The EC also asserts that the 1916 Act is inconsistent with
Articles 1, 2, 3, 4, 5 of the Antidumping Agreement and Article VI:1 of
GATT 1994.
Finally, both the EC and Japan assert that the United States has
failed to comply with Article XVI:4 of the Marrakesh Agreement
establishing the World Trade Organization (``WTO'') which requires that
Members bring their laws into compliance with their obligations under
the WTO agreements.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in these disputes. 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'' 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 these dispute settlement proceedings,
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 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/
DS-162 or WTO/DS-136 United States--Antidumping Act of 1916) 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
[[Page 32920]]
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. 99-15454 Filed 6-17-99; 8:45 am]
BILLING CODE 3190-01-M
