83 FR 28486 - WTO Dispute Settlement Proceeding Regarding Korea-Anti-Dumping and Countervailing Duties on Certain Products and the Use of Facts Available

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 118 (June 19, 2018)

Page Range		28486-28488
FR Document		2018-13066

The Office of the United States Trade Representative (USTR) is providing notice that the Republic of Korea (Korea) 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/DS539/6. USTR invites written comments from the public concerning the issues raised in this dispute.

Federal Register, Volume 83 Issue 118 (Tuesday, June 19, 2018)

[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Pages 28486-28488]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13066]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0010; Dispute Number WT/DS539]


WTO Dispute Settlement Proceeding Regarding Korea--Anti-Dumping 
and Countervailing Duties on Certain Products and the Use of Facts 
Available

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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SUMMARY: The Office of the United States Trade Representative (USTR) is

[[Page 28487]]

providing notice that the Republic of Korea (Korea) 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/DS539/6. 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 July 16, 2018, to be assured of timely 
consideration by USTR.

ADDRESSES: USTR strongly prefers electronic submissions made the 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments in Section III below. The docket 
number USTR-2018-0010. For alternatives to on-line submissions, please 
contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Associate General Counsel Brian 
Janovitz at (202) 395-7139 or Assistant General Counsel Philip Butler 
at (202) 395-5804.

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

II. Major Issues Raised by the Republic of Korea

    On April 16, 2018, Korea requested the establishment of a WTO 
dispute settlement panel regarding the use by the U.S. Department of 
Commerce (DOC) of facts available in various segments of the following 
investigations:
     Anti-Dumping Duties on Certain Corrosion-Resistant Steel 
Products from the Republic of Korea (DOC investigation number A-580-
878).
     Anti-Dumping Duties on Certain Cold-Rolled Steel Flat 
Products from the Republic of Korea (USDOC investigation number A-580-
881).
     Countervailing Duties on Certain Cold-Rolled Steel Flat 
Products from the Republic of Korea (DOC investigation number C-580-
882).
     Anti-Dumping Duties on Certain Hot-Rolled Steel Flat 
Products from the Republic of Korea (DOC investigation number A-580-
883).
     Countervailing Duties on Certain Hot-Rolled Steel Flat 
Products from the Republic of Korea (DOC investigation number C-580-
884).
     Anti-Dumping Duties on Large Power Transformers from the 
Republic of Korea (DOC investigation number A-580-867).
    Korea alleges that the challenged measures are inconsistent with 
U.S. WTO obligations under Article 6.8 and Annex II of the Anti-Dumping 
Agreement and Article 12.7 of the Agreement on Subsidies and 
Countervailing Measures (SCM Agreement). Korea further alleges that the 
United States failed to comply with a number of supposedly related 
procedural and substantive obligations under the Anti-Dumping Agreement 
and the SCM Agreement.
    In addition, Korea alleges that section 776 of the Tariff Act of 
1930, codified at 19 U.S.C. 1677e, as amended by section 502 of the 
Trade Preferences Extension Act of 2015, and the certain related legal 
provisions governing the use of facts available, are ``as such'' 
inconsistent with the Anti-Dumping Agreement and the SCM Agreement. 
Korea also challenges DOC's ``use of adverse facts available'' as a 
purported ``ongoing conduct, or rule or nom'' when DOC allegedly 
``selects facts from the record that are adverse to the interests of 
the foreign producers or exporters without (i) establishing that the 
adverse inferences can reasonably be drawn in light of the degree of 
cooperation received, and (ii) ensuring that such facts are the `best 
information available' in the particular circumstances.''

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-2018-0010 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 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 
these products are 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

[[Page 28488]]

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-2018-0010, 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 
following documents publicly available at www.ustr.gov: The U.S. 
submissions and any non-confidential summaries of submissions received 
from other participants in the dispute. 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, will 
also 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. 2018-13066 Filed 6-18-18; 8:45 am]
 BILLING CODE 3290-F8-P

28486 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices

gasoline, ULSD, and jet fuels, extending from shall continue the operations hereby adverse impacts on or disruption of the
the border between the United States and authorized in accordance with such human environment in connection with the
Mexico underneath the Rio Grande at a point limitations, terms, and conditions. construction, connection, operation, and
approximately 9.2 miles northwest of Laredo, Article 5. Upon the termination, maintenance of the United States facilities.
Texas, to the first mainline shutoff valve in revocation, or surrender of this permit, and Such measures will include the resource
the United States located approximately 0.25 unless otherwise agreed by the Secretary of protection measures found in the EA and any
miles from the international border. State or the Secretary’s delegate, the United that are approved in the future by the
The United States facilities also include States facilities in the immediate vicinity of Department of State or other relevant federal
certain appurtenant facilities, including such the international boundary shall be removed or state agencies, as well as any other
metering facilities as are required by the by and at the expense of the permittee within measures deemed prudent by the permittee.
Commissioner of U.S. Customs and Border such time as the Secretary of State or the Article 10. The permittee shall file with the
Protection. Secretary’s delegate may specify, and upon appropriate agencies of the U.S. government
This permit is subject to the following failure of the permittee to remove, or to take such statements or reports under oath with
conditions: such other appropriate action with respect to, respect to the United States facilities, and/or
Article 1. (1) The United States facilities this portion of the United States facilities as permittee’s activities and operations in
herein described, and all aspects of their ordered, the Secretary of State or the connection therewith, as are now, or may
operation, shall be subject to all the Secretary’s delegate may direct that hereafter, be required under any laws or
conditions, provisions, and requirements of possession of such facilities be taken and that regulations of the U.S. government or its
this permit and any amendment thereof. This they be removed or other appropriate action agencies. The permittee shall file electronic
permit may be terminated or amended at any taken, at the expense of the permittee; and Export Information where required.
time at the discretion of the Secretary of State the permittee shall have no claim for Article 11. The permittee shall provide
or the Secretary’s delegate or upon proper damages by reason of such possession, information upon request to the Department
application therefor. The permittee shall removal, or other action. of State with regard to the United States
make no substantial change in the United Article 6. When, in the opinion of the facilities. Such requests could include, for
States facilities, the location of the United President of the United States, the national example, information concerning current
States facilities, or in the operation security of the United States demands it, due conditions or anticipated changes in
authorized by this permit until such changes notice being given by the Secretary of State ownership or control, construction,
have been approved by the Secretary of State or the Secretary’s delegate, the United States connection, operation, or maintenance of the
or the Secretary’s delegate. shall have the right to enter upon and take United States facilities.
(2) The construction, operation, and possession of any of the United States Article 12. The permittee shall provide
facilities or parts thereof; to retain written notice to the Department of State at
maintenance of the United States facilities
possession, management, or control thereof such time as the construction authorized by
shall be in all material respects as described
for such length of time as may appear to the this permit is begun, at such time as
in the permittee’s application for a
President to be necessary; and thereafter to construction is completed, interrupted, or
Presidential permit under Executive Order
restore possession and control to the discontinued, and at other times as may be
13337, filed on August 12, 2016, and
permittee. In the event that the United States designated by the Department of State.
consistent with the resource protection shall exercise such right, it shall pay to the Article 13. This permit shall expire five
measures identified in the Final permittee just and fair compensation for the years from the date of issuance in the event
Environmental Assessment (EA), dated use of such United States facilities upon the that the permittee has not commenced
January 2018. basis of a reasonable profit in normal construction of the United States facilities by
Article 2. The standards for, and the conditions, and the cost of restoring said that deadline.
manner of, the construction, connection, facilities to as good condition as existed at In witness whereof, I, Secretary of State,
operation, and maintenance of the United the time of entering and taking over the same, have hereunto set my hand this 25th day of
States facilities shall be subject to inspection less the reasonable value of any May 2018 in the City of Washington, District
and approval by the representatives of improvements that may have been made by of Columbia.
appropriate federal, state and local agencies. the United States.
The permittee shall allow duly authorized Michael R. Pompeo,
Article 7. Any transfer of ownership or Secretary of State
officers and employees of such agencies free control of the United States facilities or any
and unrestricted access to said facilities in part thereof shall be immediately notified in End of permit text.
the performance of their official duties. writing to the Department of State, including
Article 3. The permittee shall comply with Richard W. Westerdale II,
the submission of information identifying the
all applicable federal, state, local, and tribal transferee. This permit shall remain in force Senior Advisor, Energy Resources Bureau,
laws and regulations regarding the subject to all the conditions, permissions and U.S. Department of State.
construction, connection, operation, and requirements of this permit and any [FR Doc. 2018–12918 Filed 6–18–18; 8:45 am]
maintenance of the United States facilities amendments thereto unless subsequently BILLING CODE 4710–AE–P
and with all applicable industrial codes. The terminated or amended by the Secretary of
permittee shall obtain requisite permits from State or the Secretary’s delegate.
relevant state and local governmental Article 8. (1) The permittee is responsible
entities, and relevant federal agencies. for acquiring any right-of-way grants or OFFICE OF THE UNITED STATES
Article 4. All construction, connection, easements, permits, and other authorizations TRADE REPRESENTATIVE
operation, and maintenance of the United as may become necessary and appropriate. [Docket Number USTR–2018–0010; Dispute
States facilities under this permit shall be (2) The permittee shall hold harmless and Number WT/DS539]
subject to the limitations, terms, and indemnify the United States from any
conditions issued by any competent agency claimed or adjudged liability arising out of WTO Dispute Settlement Proceeding
of the U.S. government. The permittee shall construction, connection, operation, or
continue the operations hereby authorized Regarding Korea—Anti-Dumping and
maintenance of the facilities, including but
and conduct maintenance in accordance with not limited to environmental contamination Countervailing Duties on Certain
such limitations, terms, and conditions. Such from the release or threatened release or Products and the Use of Facts
limitations, terms, and conditions could discharge of hazardous substances and Available
daltland on DSKBBV9HB2PROD with NOTICES

address, for example, environmental hazardous waste.
protection and mitigation measures, safety (3) The permittee shall maintain the United AGENCY: Office of the United States
requirements, export or import and customs States facilities and every part thereof in a Trade Representative.
regulations, measurement capabilities and condition of good repair for their safe ACTION: Notice with request for
procedures, requirements pertaining to the operation, and in compliance with prevailing comments.
pipeline’s capacity, and other pipeline environmental standards and regulations.
regulations. This permit shall continue in Article 9. The permittee shall take all SUMMARY: The Office of the United
force and effect only so long as the permittee necessary measures to prevent or mitigate States Trade Representative (USTR) is

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28488 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices

non-confidential summary of the Seaway Development Corporation FOR FURTHER INFORMATION CONTACT:
information or advice. (SLSDC). The agenda for this meeting Requests for additional information or
Pursuant to section 127(e) of the will be as follows: copies of the regulations should be
URAA (19 U.S.C. 3537(e)), USTR will directed to Sandra Lowery at Internal
maintain a docket on this dispute July 23, 2018 From 2:00 p.m.–4:00 p.m.
Revenue Service, Room 6526, 1111
settlement proceeding, docket number EST
Constitution Avenue NW, Washington,
USTR–2018–0010, accessible to the 1. Opening Remarks DC 20224, or through the internet, at
public at www.regulations.gov. The 2. Consideration of Minutes of Past Sandra.J.Lowery@irs.gov.
public file will include non-confidential Meeting
SUPPLEMENTARY INFORMATION:
public comments USTR receives 3. Quarterly Report
4. Old and New Business Title: Third-Party Disclosure
regarding the dispute. If a dispute Requirements in the IRS Regulations.
settlement panel is convened, or in the 5. Closing Discussion
6. Adjournment. OMB Number: 1545–1466.
event of an appeal from a panel, USTR Abstract: These existing regulations
will make the following documents Public Participation contain third-party disclosure
publicly available at www.ustr.gov: The Attendance at the meeting is open to requirements that are subject to the
U.S. submissions and any non- the interested public but limited to the Paperwork Reduction Act of 1995.
confidential summaries of submissions space available. With the approval of Current Actions: There are no changes
received from other participants in the the Administrator, members of the being made to these regulations at this
dispute. If a dispute settlement panel is public may present oral statements at time however IRS is reducing burden
convened, or in the event of an appeal the meeting. Persons wishing further associated with duplicative regulations
from a panel, the report of the panel, information should contact the person accounted for in other OMB control
and, if applicable, the report of the listed under the heading, FOR FURTHER number collections.
Appellate Body, will also be available INFORMATION CONTACT, not later than Type of Review: Revision of currently
on the website of the World Trade Friday, July 13, 2018. Any member of approved collection.
Organization, at www.wto.org. the public may present a written Affected Public: Individuals or
Juan Millan, statement to the Advisory Board at any households, business or other for-profit
Assistant United States Trade Representative time. organizations, and not-for-profit
for Monitoring and Enforcement, Office of Issued on June 14, 2018. institutions.
the U.S. Trade Representative. Carrie Lavigne,
Estimated Number of Respondents:
[FR Doc. 2018–13066 Filed 6–18–18; 8:45 am] 130,720,403.
Chief Counsel, Saint Lawrence Seaway
BILLING CODE 3290–F8–P Development Corporation. Estimated Time per Respondent:
Varies. Average response time 15
[FR Doc. 2018–13131 Filed 6–18–18; 8:45 am]
minutes.
BILLING CODE 4910–61–P
DEPARTMENT OF TRANSPORTATION Estimated Total Annual Burden
Hours: 33,934,347.
Saint Lawrence Seaway Development The following paragraph applies to all
DEPARTMENT OF THE TREASURY of the collections of information covered
Corporation Advisory Board—Notice
of Public Meetings by this notice:
Internal Revenue Service
An agency may not conduct or
AGENCY: Saint Lawrence Seaway sponsor, and a person is not required to
Development Corporation (SLSDC); Proposed Collection; Comment
Request for Regulation Project respond to, a collection of information
DOT. unless the collection of information
ACTION: Notice of Public Meeting. AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number.
Treasury. Books or records relating to a
SUMMARY: This notice announces the
ACTION: Notice and request for collection of information must be
public meeting via conference call of the
comments. retained as long as their contents may
Saint Lawrence Seaway Development
Corporation Advisory Board. become material in the administration
SUMMARY: The Department of the of any internal revenue law. Generally,
DATES: The public meeting will be held Treasury, as part of its continuing effort tax returns and tax return information
on (all times Eastern): to reduce paperwork and respondent
• Monday, July 23, 2018 from 2:00 are confidential, as required by 26
burden, invites the general public and U.S.C. 6103.
p.m.–4:00 p.m. EST other Federal agencies to take this Request for Comments: Comments
ADDRESSES: The meeting will be held opportunity to comment on proposed submitted in response to this notice will
via conference call at the SLSDC’s and/or continuing information be summarized and/or included in the
Headquarters, 55 M Street SE, Suite 930, collections, as required by the request for OMB approval. All
Washington, DC 20003. Paperwork Reduction Act of 1995, comments will become a matter of
FOR FURTHER INFORMATION CONTACT: Public Law 104–13 (44 U.S.C. public record. Comments are invited on:
Wayne Williams, Chief of Staff, Saint 3506(c)(2)(A)). The IRS is soliciting (a) Whether the collection of
Lawrence Seaway Development comments concerning third-party information is necessary for the proper
Corporation, 1200 New Jersey Avenue disclosure requirements in IRS performance of the functions of the
SE, Washington, DC 20590; 202–366– regulations. agency, including whether the
daltland on DSKBBV9HB2PROD with NOTICES

0091 DATES: Written comments should be information shall have practical utility;
SUPPLEMENTARY INFORMATION: Pursuant received on or before August 20, 2018 (b) the accuracy of the agency’s estimate
to Section 10(a)(2) of the Federal to be assured of consideration. of the burden of the collection of
Advisory Committee Act (Public Law ADDRESSES: Direct all written comments information; (c) ways to enhance the
92–463; 5 U.S.C. App. I), notice is to Laurie Brimmer, Internal Revenue quality, utility, and clarity of the
hereby given of a meeting of the Service, Room 6526, 1111 Constitution information to be collected; (d) ways to
Advisory Board of the Saint Lawrence Avenue NW, Washington, DC 20224. minimize the burden of the collection of

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Document Created: 2018-07-02 11:21:55
Document Modified: 2018-07-02 11:21:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice with request for comments.
Dates		Although USTR will accept any comments received during the course of the dispute settlement proceedings, you should submit your comment on or before July 16, 2018, to be assured of timely consideration by USTR.
Contact		Associate General Counsel Brian Janovitz at (202) 395-7139 or Assistant General Counsel Philip Butler at (202) 395-5804.
FR Citation		83 FR 28486