[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26311]
[[Page Unknown]]
[Federal Register: October 24, 1994]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-94]
Initiation of Section 302 Investigation Concerning European
Community Banana Import Regime and Request for Public Comment
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of initiation of an investigation pursuant to section
302(a) of the Trade Act of 1974, as amended (Trade Act); request for
public comment.
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SUMMARY: The United States Trade Representative (USTR) has initiated an
investigation under Section 302(a) of the Trade Act, 19 U.S.C. 2412(a),
concerning the European Union's practices with respect to the
importation of bananas. USTR invites public comment concerning the
matter under investigation.
DATES: This investigation was initiated on October 17, 1994. Written
comments from the public are due on or before November 17, 1994.
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: 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 alleges that the following acts,
policies and practices are discriminatory and unreasonable: (1) Council
Regulation (EEC) No. 404/93 and related rules implementing a Community
banana policy discriminating against U.S. banana marketing companies
importing bananas from Latin America, including a restrictive and
discriminatory licensing scheme designed to transfer market share to
firms traditionally trading bananas from African, Caribbean and Pacific
(ACP) sources and from EU overseas territories and dependencies; and
(2) the March 29, 1994 Framework Agreement on Bananas between the EU
and Colombia, Costa Rica, Nicaragua and Venezuela (Framework
Agreement).
Copies of the public version of the petition are available for
public inspection in the USTR Reading Room: Room 101, Office of the
United States Trade Representative, 600 17th Street NW., Washington, DC
20506. An appointment to review the docket (Docket No. 301-94) 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.
Investigation and Consultations
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. The investigation will be conducted in accordance with
the regulations set forth in 15 CFR Sec. 2006.
On October 17, 1994, the USTR also requested consultations with the
European Union, as required by section 303(a) of the Trade Act. In
preparing for such consultations, USTR will seek information and advice
from the petitioner and the appropriate committees established pursuant
to section 135 of the Trade Act, as provided in section 303(a)(3) of
that Act.
The petition also requested initiation of an investigation
concerning policies and practices of Colombia, Costa Rica, Nicaragua
and Venezuela under the Framework Agreement. The USTR has carefully
reviewed the material supplied by the petitioners on the Framework
Agreement. While the Framework Agreement appears to provide for the
implementation of discriminatory measures by Colombia, Costa Rica,
Nicaragua and Venezuela, and the implementation of such discriminatory
measures would clearly warrant investigation under section 302, the
USTR has decided not to initiate an investigation under section 302 at
this time because these measures have yet to be implemented. The USTR
has called upon these governments to withdraw from the Framework
Agreement before its implementation, and to seek reform of the EU's
banana policy in a manner consistent with the EU's obligations under
the GATT and the Agreement Establishing the World Trade Organization.
If any of these governments implement the Framework Agreement or take
alternative steps that appear to be unreasonable, unjustifiable or
discriminatory against U.S. companies, the Trade Representative will
expeditiously initiate an investigation of the practices concerned
under section 302(b) of the Trade Act (19 U.S.C. 2412(b)).
Public Comment
Interested persons are invited to submit written comments
concerning the issues raised in the petition and any other submissions
to USTR in this investigation. Comments must be filed in accordance
with the requirements set forth in 15 CFR 2006.8(b) (55 FR 20593) and
must be filed by November 17, 1994. Comments must be in English and
provided in twenty copies to: Chairman, Section 301 Committee, Room
223, USTR, 600 17th Street, NW, Washington, DC 20506.
Comments will be placed in a file (Docket 301-94) 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.
Irving Williamson,
Chairman, Section 301 Committee.
[FR Doc. 94-26311 Filed 10-21-94; 8:45 am]
BILLING CODE 3190-01-M
