[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Notices]
[Pages 53776-53777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26317]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-108]
Initiation of Section 302 Investigation and Request for Public
Comment: Argentine Specific Duties and Non-Tariff Barriers Affecting
Apparel, Textiles, Footwear
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of initiation of investigation; request for written
comments.
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SUMMARY: The Acting United States Trade Representative (USTR) has
initiated an investigation under section 302(b)(1) of the Trade Act of
1974, as amended (the Trade Act), with respect to certain acts,
policies and practices of the Government of Argentina concerning the
imposition of (1) specific duties on apparel, textiles, footwear and
other items above the 35 percent ad valorem rate to which Argentina is
bound under the General Agreement on Tariffs and Trade 1994 (``GATT
1994''); (2) a statistical tax of 3 percent ad valorem on imports from
sources other than MERCOSUR countries; and (3) a burdensome labeling
requirement on apparel, textiles and footwear. The United States
alleges that these acts, policies and practices are inconsistent with
certain provisions of the GATT 1994, the Agreement on Technical
Barriers to Trade, the Agreement on the Implementation of Article VII
of the GATT 1994, and the Agreement on Textiles and Clothing. USTR
invites written comments from the public on the matters being
investigated.
DATES: This investigation was initiated on October 4, 1996. Written
comments from the public are due on or before noon on Wednesday,
November 6, 1996.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street, NW, Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: Karen James Chopra, Deputy Assistant
United States Trade Representative for the Western Hemisphere, (202)
395-5190, or Hal S. Shapiro, Assistant General Counsel, (202) 395-3582.
SUPPLEMENTARY INFORMATION: Section 302(b)(1) of the Trade Act, 19
U.S.C. 2412(b)(1), 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, the denial of rights of the
[[Page 53777]]
United States under a trade agreement, or acts, policies, and practices
of a foreign country that violate or are inconsistent with the
provisions of, or otherwise deny benefits to the United States under,
any trade agreement.
On October 4, 1996, having consulted with members of the relevant
industries, the USTR determined that an investigation should be
initiated to assess whether certain acts, policies and practices of
Argentina regarding specific duties and non-tariff barriers affecting
apparel, textiles and footwear are actionable under section 301(a). In
1995 and 1996, Argentina adopted specific duties on apparel, textiles,
footwear and other items that are greater than Argentina's GATT 1994
tariff rate of 35 percent ad valorem.
In addition, Argentina imposes a statistical tax of 3 percent ad
valorem on imports, which is not tied to the value of any services
performed. Finally, Argentina imposes a labeling requirement on
apparel, textiles, footwear and certain other items that may be an
unnecessary obstacle to trade. Exporters of these products are required
to complete an affidavit identifying product components, and each
affidavit must receive an assigned identification number from the
Undersecretariat of Foreign Trade that, in turn, must appear in the
labels of covered merchandise.
The USTR believes that these acts, policies and practices are
inconsistent with Articles II, VII, VIII and X of the GATT 1994;
Article 2 of the Agreement on Technical Barriers to Trade; Articles 1
through 8 of the Agreement on the Implementation of Article VII of the
GATT 1994; and Article 7 of the Agreement on Textiles and Clothing.
Investigation and Consultations
As required in section 303(a) of the Trade Act, the USTR has
requested consultations with the Government of Argentina regarding the
issues under investigation. The request was made pursuant to Article 4
of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), Article XXII:1 of the GATT 1994, Article 14 of the
Agreement on Technical Barriers to Trade, Article 19 of the Agreement
on the Implementation of Article VII of the GATT 1994, and Article 7 of
the Agreement on Textiles and Clothing. If the consultations do not
result in a satisfactory resolution of the matter, the USTR will
request the establishment of a panel pursuant to Article 6 of the DSU.
Under section 304 of the Trade Act, the USTR must determine within
18 months after the date on which this investigation was initiated, or
within 30 days after the conclusion of World Trade Organization dispute
settlement procedures, whichever is earlier, whether any act, policy,
or practice or denial of trade agreement rights described in section
301 of the Trade Act exists and, if that determination is affirmative,
the USTR must 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
concerning the acts, policies and practices of Argentina which 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 forth in 15 CFR
2006.8(b) (55 FR 20593) and must be filed on or before noon on
Wednesday, November 6, 1996. Comments must be in English and provided
in twenty copies to: Sybia Harrison, Staff Assistant to the Section 301
Committee, Room 223, Office of the U.S. Trade Representative, 600 17th
Street, NW, Washington, D.C. 20508.
Comments will be placed in a file (Docket 301-108) open to public
inspection 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 shall be placed in the file
that is open to public inspection. An appointment to review the docket
(Docket No. 301-108) may be made by calling Brenda Webb (202) 395-6186.
The USTR Reading Room is open to the public from 10:00 a.m. to 12 noon
and 1:00 p.m. to 4:00 p.m., Monday through Friday, and is located in
Room 101.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 96-26317 Filed 10-11-96; 8:45 am]
BILLING CODE 3190-01-M
