USTR Requests Comments on WTO Dispute over AD Investigation on Stainless Steel Bar from U.K
The Office of the U.S. Trade Representative (USTR) has issued a notice stating that the European Communities (EC) has requested World Trade Organization (WTO) dispute settlement consultations with the U.S. regarding the U.S. antidumping (AD) duty investigation on stainless steel bar from the United Kingdom (U.K.).
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The USTR also states that it is inviting electronic or faxed comments from the public by January 10, 2005 concerning the issues raised in this dispute.
EC Alleges ITA Determinations Are WTO Inconsistent
According to the USTR, the EC asserts that the International Trade Administration (ITA) refused to verify data submitted by Firth Rixson Special Steels Limited (FRSS) and rejected such data for the determination of the AD duty margin for FRSS. The EC further alleges that the ITA decided to employ an "adverse inference" in the selection of the facts available with respect to FRSS, and relied on information contained in the complaint for the establishment of the AD duty margin and AD duty for FRSS.
According to the EC, the ITA determinations in this investigation and Section 776 of the Act are inconsistent with certain articles of the General Agreement on Tariffs and Trade 1994 (GATT 1994), etc.
(The USTR notes that if the requested consultations should fail to resolve the matter and a dispute settlement panel (DSP) is established pursuant to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), such panel, which would hold its meetings in Geneva, Switzerland, would be expected to issue a report on its findings and recommendations within six to nine months after its establishment.)
(See ITT's Online Archives or 03/11/02 news, 02031125, for BP summary of the ITA's AD duty order, which imposed a AD duty of 125.77% on FRSS.)
USTR Contact - Amy Karpel (202) 395-3150
USTR Notice (D/N WTO/DS319, FR Pub 01/03/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/04-28674.pdf