WTO Dispute Settlement Proceeding Regarding the Antidumping Act of 1916

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

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