83 FR 25498 - WTO Dispute Settlement Proceeding Regarding United States-Anti-Dumping Measures Applying Differential Pricing Methodology to Softwood Lumber From Canada

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 106 (June 1, 2018)

The Office of the United States Trade Representative (USTR) is providing notice that Canada 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/DS534/2. USTR invites written comments from the public concerning the issues raised in this dispute.

[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25498-25499]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11777]


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

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0015; Dispute Number WT/DS534]


WTO Dispute Settlement Proceeding Regarding United States--Anti-
Dumping Measures Applying Differential Pricing Methodology to Softwood 
Lumber From Canada

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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

SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that Canada 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/DS534/2. 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 June 25, 2018, to be assured of timely 
consideration by USTR.

ADDRESSES: USTR strongly prefers electronic submissions made using the 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments in section III below. The docket 
number is USTR-2018-0015. For alternatives to on-line submissions, 
please contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Katherine 
Wang at (202) 395-6214, or Senior Associate General Counsel J. Daniel 
Stirk at (202) 395-9617.

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 
Procedures Governing the Settlement of Disputes (DSU). The WTO has 
established a dispute settlement panel, and the panel will hold its 
meetings in Geneva Switzerland.

II. Major Issues Raised by Canada

    On March 16, 2018, Canada requested the establishment of a WTO 
dispute settlement panel regarding U.S. antidumping measures applying a 
differential pricing analysis and zeroing to softwood lumber products 
from Canada. Canada argues application of a differential pricing 
analysis and zeroing is inconsistent with Articles 1, 2.1, 2.4, and 
2.4.2 of the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 and Articles VI:1 and VI:2 of the 
General Agreement on Tariffs and Trade 1994. The United States and 
Canada held consultations regarding these matters on January 17, 2018, 
which failed to resolve the dispute.

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-2018-0015 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

[[Page 25499]]

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 
this is 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 
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-2018-0015, 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 
U.S. submissions and any non-confidential summaries of submissions 
received from other participants in the dispute publicly available at 
www.ustr.gov. 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, also will 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. 2018-11777 Filed 5-31-18; 8:45 am]
 BILLING CODE 3290-F8-P