80 FR 75132 - Hot-Rolled Steel Products From India; Scheduling of a Countervailing Duty Proceeding Under the Uruguay Round Agreements Act (URAA)

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 230 (December 1, 2015)

The Commission hereby gives notice of the schedule for issuance of a consistency determination following receipt on November 6, 2015, of a request from the United States Trade Representative (USTR) for a determination under section 129(a)(4) of the URAA that would render the Commission's action in connection with its countervailing duty investigation regarding imports of hot-rolled steel products from India, in Inv. No. 701- TA-405, not inconsistent with the recommendations and rulings of the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) in United States--Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India (DS436).

[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75132-75134]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30441]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 701-TA-405 (Section 129 Consistency Determination)]


Hot-Rolled Steel Products From India; Scheduling of a 
Countervailing Duty Proceeding Under the Uruguay Round Agreements Act 
(URAA)

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the schedule for 
issuance of a consistency determination following receipt on November 
6, 2015, of a request from the United States Trade Representative 
(USTR) for a determination under section 129(a)(4) of the URAA that 
would render the Commission's action in connection with its 
countervailing duty investigation regarding imports of hot-rolled steel 
products from India, in Inv. No. 701-

[[Page 75133]]

TA-405, not inconsistent with the recommendations and rulings of the 
Dispute Settlement Body (DSB) of the World Trade Organization (WTO) in 
United States--Countervailing Measures on Certain Hot-Rolled Carbon 
Steel Flat Products from India (DS436).

DATES: Effective date: November 6, 2015.

FOR FURTHER INFORMATION CONTACT: Douglas E. Corkran (202-205-3057), 
Office of Investigations, or Robin L. Turner (202-205-3103), Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.
    For further information concerning the conduct of this proceeding 
and rules of general application, consult the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A and C (19 CFR part 207).

SUPPLEMENTARY INFORMATION:
    Background.-- On December 19, 2014, the DSB of the WTO adopted its 
recommendations and rulings in the dispute entitled United States--
Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat 
Products from India (DS436). On January 16, 2015, the United States 
informed the DSB of the U.S. intention to comply with its WTO 
obligations in this dispute. On November 6, 2015, the Commission 
received a request from USTR for a consistency determination under 
section 129(a)(4) of the URAA that would render the Commission's action 
in connection with its countervailing duty investigation regarding hot-
rolled steel imports from India not inconsistent with the DSB 
recommendations and rulings in United States--Countervailing Measures 
on Certain Hot-Rolled Carbon Steel Flat Products from India (DS436). 
(This proceeding involves the Commission's affirmative determination in 
the countervailing duty investigation regarding hot-rolled steel 
imports from India in Inv. Nos. 701-TA-404-408 and 731-TA-899-904 and 
906-908 (Final), USITC Pub. 3446 (Aug. 2001) and USITC Pub. 3468 (Nov. 
2001).) This request follows from the Commission's affirmative advisory 
report on October 23, 2015 in response to USTR's request, under section 
129(a)(1) of the URAA, that Title VII of the Tariff Act of 1930 
permitted the Commission to take steps in connection with its 
countervailing duty investigation regarding imports of hot-rolled steel 
products from India in Investigation No. 701-TA-405 that would render 
its action in that proceeding not inconsistent with the DSB 
recommendations and rulings in DS436. The Commission must issue its 
consistency determination within 120 days of the section 129(a)(4) 
request, or by March 7, 2016.
    Participation in this proceeding and public service list.--Those 
persons who were interested parties participating in the original 
countervailing duty investigation regarding imports of hot-rolled steel 
products from India (i.e., persons listed on the Commission Secretary's 
service list for Inv. No. 701-TA-405 (Final)), in addition to the 
Government of India, may participate in this proceeding. If an 
interested party is a successor firm to an interested party that 
participated in the original countervailing duty investigation 
regarding imports of hot-rolled steel products from India, please so 
indicate and describe the relationship. Interested parties, as 
described above, wishing to participate in this proceeding as parties 
must file an entry of appearance with the Secretary to the Commission, 
as provided in section 201.11 of the Commission's rules, no later than 
December 11, 2015. The Secretary will maintain a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigation.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI regarding this proceeding available to authorized 
applicants under the APO issued in this proceeding, provided that the 
application is made no later than December 15, 2015. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to this proceeding. A separate service list 
will be maintained by the Secretary for those parties authorized to 
receive BPI under the APO.
    Limitations on the scope of this proceeding.--This proceeding is 
being conducted in order for the Commission to make a determination 
that would render its determination in the countervailing duty 
investigation regarding imports of hot-rolled steel products from 
India, in Inv. No. 701-TA-405, not inconsistent with the DSB 
recommendations and rulings in DS436. Thus, this proceeding only 
involves issues related to the DSB recommendations and rulings and does 
not involve issues that were not in dispute in DS436 or on which the 
United States was found in conformity with its obligations under the 
WTO Agreement on Subsidies and Countervailing Measures. The DSB 
recommendations and rulings in this regard are set out in paragraphs 
4.587 to 4.600 of the Appellate Body report (WT/DS436/AB/R) (https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds436_e.htm); its 
conclusions based on these findings is set out in paragraph 5.1(h)(i) 
of the report. Any material in the interested parties' written comments 
that addresses any issue beyond those set forth in these paragraphs 
will be disregarded.
    Staff report.--The supplemental staff report in this proceeding 
will be placed in the nonpublic record on December 21, 2015, and a 
public version will be issued thereafter.
    Written submissions.--Each party who is an interested party may 
submit one set of written comments to the Commission. Written comments 
will be limited to no more than fifty (50) double-spaced and single-
sided pages of textual material. The deadline for filing written 
comments is January 8, 2016. All written submissions must conform with 
the provisions of section 201.8 of the Commission's rules; any 
submissions that contain BPI must also conform with the requirements of 
sections 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's Handbook on E-Filing, available on the Commission's Web 
site at http://edis.usitc.gov, elaborates upon the Commission's rules 
with respect to electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, will not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to this proceeding must be served 
on all other parties to this proceeding (as identified by either the 
public or BPI service list), and a certificate of service must be 
timely filed. The Secretary will not

[[Page 75134]]

accept a document for filing without a certificate of service.

    Authority: This proceeding is being conducted under authority of 
title VII of the Tariff Act of 1930 and section 129 of the URAA.

    Issued: November 25, 2015.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-30441 Filed 11-30-15; 8:45 am]
BILLING CODE 7020-02-P