Notice2023-25802
WTO Dispute Settlement Proceeding Regarding a United States Anti-Dumping Measure on Oil Country Tubular Goods From Argentina
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 22, 2023
Issuing agencies
Trade Representative, Office of United States
Abstract
The Office of the United States Trade Representative (USTR) invites public comments concerning the issues raised in this World Trade Organization (WTO) dispute settlement proceeding regarding a United States anti-dumping measure on oil country tubular goods from Argentina.
Full Text
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<title>Federal Register, Volume 88 Issue 224 (Wednesday, November 22, 2023)</title>
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[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81526-81527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25802]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2023-0012; Dispute Number WT/DS617]
WTO Dispute Settlement Proceeding Regarding a United States Anti-
Dumping Measure on Oil Country Tubular Goods From Argentina
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)
invites public comments concerning the issues raised in this World
Trade Organization (WTO) dispute settlement proceeding regarding a
United States anti-dumping measure on oil country tubular goods from
Argentina.
DATES: Although USTR will accept any comments submitted during the
course of the dispute settlement proceedings, you should submit your
comment on or before December 22, 2023, to be assured of timely
consideration by USTR.
ADDRESSES: USTR strongly prefers electronic submissions made through
the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments in sections III and IV below. The
Docket Number is USTR-2023-0012. For alternatives to on-line
submissions, please contact Sandy McKinzy at (202) 395-9483 in advance
of the deadline.
FOR FURTHER INFORMATION CONTACT: Michael Gagain, Senior Associate
General Counsel, (202) 395-9529, or Matthew Jaffe, Senior Associate
General Counsel, (202) 395-9512.
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. Accordingly, USTR is providing
notice that Argentina has requested a dispute settlement panel pursuant
to the WTO Understanding on Rules Procedures Governing the Settlement
of Disputes (DSU). The panel established by the WTO will hold its
meetings in Geneva Switzerland.
II. Major Issues Raised by Argentina
On May 17, 2023, Argentina requested consultations with the United
States concerning the imposition of antidumping duties on oil country
tubular goods from Argentina, following final determinations by the
U.S. Department of Commerce (DOC) and U.S. International Trade
Commission (ITC) in Oil Country Tubular Goods From Argentina: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Negative Determination of Critical Circumstances (DOC investigation
number A-357-824), and Oil Country Tubular Goods From Argentina,
Mexico, Russia, and South Korea (ITC investigation numbers 701-TA-671-
672 and 731-TA-1571-1573), and section 771(7)(G) of the Tariff Act of
1930 (19 U.S.C. 1677(7)(G)). The consultation request can be found at
<a href="http://www.wto.org">www.wto.org</a> in a document designated as WT/DS617/1. The United States
and Argentina held consultations on July 6, 2023. On September 1, 2023,
Argentina made its request to the WTO to establish a dispute settlement
panel under the Marrakesh Agreement Establishing the World Trade
Organization (WTO Agreement). That request may be found at <a href="http://www.wto.org">www.wto.org</a>
in a document designated as WT/DS617/3. On October 26, 2023, the WTO
established a panel to examine Argentina's complaint.
Argentina's panel request appears to be concerned with the DOC's
examination of whether there was sufficient domestic industry support
to justify initiation of its investigation; the ITC's cumulation
analysis in its material injury investigation; aspects of the ITC's
analyses of volume and imports and price effects in its investigation;
and aspects of the ITC's analyses of injury and causation. Argentina
claims that the imposition of duties is inconsistent with Article VI of
the WTO General Agreement on Tariffs and Trade 1994 (GATT 1994); and
Articles 1, 3.1, 3.2, 3.3, 3.4, 3.5, 5.1, 5.2, 5.3, 5.4, 6.6, and 18.1
of the WTO Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994 (Antidumping Agreement). Argentina
further alleges that section 771(7)(G) of the Tariff Act of 1930 is
inconsistent with Articles 3.1, 3.2, 3.3, 3.4, and 3.5 of the
Antidumping Agreement.
III. Public Comments: Requirements for Submissions
To be assured of consideration, submit your written comments by the
December 22, 2023 deadline. All submissions must be in English. USTR
strongly encourages submissions via <a href="http://Regulations.gov">Regulations.gov</a>, using Docket
Number USTR-2023-0012.
To make a submission via <a href="http://Regulations.gov">Regulations.gov</a>, enter Docket Number USTR-
2023-0012 in the `search for' field 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' in the `refine documents
results' section on the left side of the screen and click on the link
entitled `comment.' <a href="http://Regulations.gov">Regulations.gov</a> allows users to make submissions by
filling in a `type comment' field, or by attaching a document using the
`upload file' field. USTR prefers that you provide submissions in an
attached document and, in such cases, that you write `see attached' in
the `type comment' field. USTR prefers submissions in Microsoft Word
(.doc) or Adobe Acrobat (.pdf). If you use an application other than
those two, please indicate the name of the application in the `type
comment' field.
Please do not attach separate cover letters, exhibits, annexes, or
other attachments to electronic submissions; rather, include any in the
same file as the submission itself, not as separate files. You will
receive a tracking number upon completion of the submission procedure
at <a href="http://Regulations.gov">Regulations.gov</a>. The tracking number is confirmation that
<a href="http://Regulations.gov">Regulations.gov</a> received your submission. Keep the confirmation for
your records. USTR is not able to provide technical assistance for
<a href="http://Regulations.gov">Regulations.gov</a>.
For further information on using <a href="http://Regulations.gov">Regulations.gov</a>, please consult
the resources provided on the website by clicking on `How to Use
<a href="http://Regulations.gov">Regulations.gov</a>' on the bottom of the home page. Contact the
<a href="http://Regulations.gov">Regulations.gov</a> help desk with technical questions on submitting
comments at <a href="/cdn-cgi/l/email-protection#5f2d3a382a333e2b3630312c373a332f3b3a2c341f382c3e71383029"><span class="__cf_email__" data-cfemail="c6b4a3a1b3aaa7b2afa9a8b5aea3aab6a2a3b5ad86a1b5a7e8a1a9b0">[email protected]</span></a> or 1-866-498-2945.
If you are unable to provide submissions as requested, please
contact Sandy McKinzy at (202) 395-9483 in advance of the deadline to
arrange for an alternative method of transmission. USTR may not
consider submissions that you do not make in accordance with these
instructions.
IV. Confidential Submissions
If you ask USTR to treat information you submit as business
confidential information (BCI), you must certify that the information
is business confidential and you would not customarily release it to
the public. For any comments submitted electronically containing BCI,
the file name of the business
[[Page 81527]]
confidential version should begin with the characters `BCI.' You must
clearly mark any page containing BCI with `BUSINESS CONFIDENTIAL' at
the top of that page. Filers of submissions containing BCI also must
submit a public version of their submission that will be placed in the
docket for public inspection. The file name of the public version
should begin with the character `P.' The `BCI' and `P' should be
followed by the name of the person or entity submitting the comments.
If this is not sufficient to protect BCI or otherwise protect business
interests, please contact Sandy McKinzy at (202) 395-9483 in advance of
the deadline to discuss whether alternative arrangements are possible.
USTR may determine that information or advice contained in a
comment, other than BCI, 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, they
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.
V. Public Viewing of Comments
Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR
will maintain a docket on this dispute settlement proceeding. USTR will
post written submissions in the docket for public inspection, except
properly designated BCI and other confidential information. You can
view submissions at <a href="http://Regulations.gov">Regulations.gov</a> by entering Docket Number USTR-
2023-0012 in the search field on the home page.
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 <a href="http://www.ustr.gov">www.ustr.gov</a>: 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 <a href="http://www.wto.org">www.wto.org</a>.
Juan Millan,
Deputy General Counsel for Monitoring and Enforcement, Office of the
United States Trade Representative.
[FR Doc. 2023-25802 Filed 11-21-23; 8:45 am]
BILLING CODE 3390-F4-P
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