[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Notices]
[Pages 3284-3285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-939]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-97]
Initiation of Section 302 Investigation Regarding Policies and
Practices of the Government of Costa Rica Concerning the Exportation of
Bananas to the European Union; Request for Public Comment
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of determination regarding initiation of investigation
under section 302(b)(1)(A) of the Trade Act of 1974, as amended (19
U.S.C. 2412(b)(1)(A)); request for written comments.
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SUMMARY: The United States Trade Representative (USTR) has initiated an
investigation under section 302(b)(1)(A) of the Trade Act of 1974, as
amended (the Trade Act), with respect to certain acts, policies and
practices of the Government of Costa Rica affecting U.S. companies that
export bananas from Costa Rica to the European Union. USTR invites
written comments from the public on the matters being investigated.
DATES: This investigation was initiated on January 9, 1995. Written
comments from the public are due on or before 12 noon, on Friday,
February 10, 1995.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street, NW, Washington, DC 20506.
FOR FURTHER INFORMATION CONTACT:
Edward Kaska, Director for European Services and Agriculture, (202)
395-3320; or Irving Williamson, Deputy General Counsel, (202) 395-3432.
SUPPLEMENTARY INFORMATION: Section 302(b)(1)(A) of the Trade Act
authorizes the USTR to initiate an investigation under chapter 1 of
Title III of the Trade Act (commonly referred to as ``section 301''),
with respect to any matter in order to determine whether the matter is
actionable under section 301. Matters actionable under section 301
include, inter alia, acts, policies, and practices of a foreign country
that are unreasonable or discriminatory and burden or restrict U.S.
commerce.
On September 2, 1994, Chiquita Brands International, Inc. and the
Hawaii Banana Industry Association filed a petition pursuant to section
302(a) of the Trade Act alleging that various policies and practices of
the European Union (EU), Colombia, Costa Rica, Nicaragua and Venezuela
concerning trade in bananas are discriminatory, unreasonable and burden
or restrict United States commerce. In particular, the petition alleged
that the March 29, 1994 Framework Agreement on Bananas between the EU
and Colombia, Costa Rica, Nicaragua and Venezuela (Framework Agreement)
aggravated the harm caused by the EU banana import regime and provided
for the implementation of discriminatory measures against the U.S.
banana companies.
On October 17, 1994, pursuant to section 302(a) of the Trade Act,
the USTR initiated an investigation of the EU practices referred to in
the petition, but decided not to initiate an investigation of the
practices of Colombia, Costa Rica, Nicaragua and Venezuela because they
had not yet implemented the Framework Agreement. The USTR called upon
these governments to withdraw from the Framework Agreement before its
implementation, and to seek reform of the EU's banana policy.
On December 27, 1994, the Government of Costa Rica issued Decree
No. 23917 COMEX-MAG, which implements the Framework Agreement.
Accordingly, on January 9, 1995, the USTR determined that an
investigation should be initiated under section 302(b)(1)(A) of the
Trade Act to determine whether, as a result of Costa Rica's
implementation of the Framework Agreement, the policies and practices
of Costa Rica regarding the exportation of bananas to the EU are
unreasonable and discriminatory and burden or restrict U.S. commerce.
On January 9, 1995, the USTR also initiated such an investigation
regarding these policies and practices.
Investigation and Consultations
Pursuant to section 303(a) of the Trade Act, the USTR has requested
consultations with the Government of Costa Rica concerning the issues
under investigation. USTR will seek information and advice from the
appropriate committees established pursuant to section 135 of the Trade
Act in preparing the U.S. presentations for such consultations.
Within 12 months after the date on which this investigation was
initiated (i.e., on or before January 9, 1996), pursuant to section 304
of the Trade Act the USTR must determine, on the basis of the
investigation and the consultations, whether any act, policy, or
practice described in section 301 of the Trade Act exists and, if that
determination is affirmative, determine what action, if any, to take
under section 301 of the Trade Act.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments on the
acts, policies and practices of the Government of Costa Rica that are
the subject of this investigation, the amount of burden or restriction
on U.S. commerce caused by these acts, policies and practices, and the
determinations required under section 304 of the Trade Act.
Comments must be filed in accordance with the requirements set
[[Page 3285]] forth in 15 CFR 2006.8(b) (55 FR 20593) and are due no
later than 12 noon, Friday, February 10, 1995. Comments must be in
English and provided in twenty copies to: Sybia Harrison, Office of the
General Counsel, Room 223, USTR, 600 17th Street, NW, Washington, DC
20506.
Comments will be placed in a file (Docket 301-97) open to public
inspection in the USTR Reading Room pursuant to 15 CFR 2006.13, except
confidential business information exempt from public inspection in
accordance with 15 CFR 2006.15. Confidential business information
submitted in accordance with 15 CFR 2006.15 must be clearly marked
``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top of each
page on each of 20 copies, and must be accompanied by a nonconfidential
summary of the confidential information. The nonconfidential summary
will be placed in the file that is open to public inspection. An
appointment to review the docket may be made by calling Brenda Webb
(202) 395-6186. The USTR Reading Room is open to the public from 10
a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through Friday and is
located in: Room 101, Office of the United States Trade Representative,
600 17th Street, NW., Washington, DC 20506.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 95-939 Filed 1-12-95; 8:45 am]
BILLING CODE 3190-01-M
