[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Pages 57689-57690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27842]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/D-165]
WTO Dispute Settlement Proceeding Regarding Import Measures on
Certain Products From the European Communities
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice of the establishment of a dispute
settlement panel under the Marrakesh Agreement Establishing the World
Trade Organization (``WTO''), by the European Communities, to examine
the U.S. announcement of 3 March 1999 that liquidation would be
withheld on imports from the EC of a list of products together valued
at $520 million. In this dispute, the European Communities alleges that
this action was inconsistent with obligations of the United States
under the Dispute Settlement Understanding and the General Agreement on
Tariffs and Trade 1994. The USTR invites written comments from the
public concerning the issues raised in this dispute.
DATES: Although the USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted by November 15, 1999, to be assured of timely consideration
by the USTR in preparing its first written submission to the panel.
ADDRESSES: Comments may be submitted to Sandy McKinzy, Litigation
Assistant, Office of Monitoring and Enforcement, Room 122, Attn:
Dispute on Import Measures on Certain Products from the European
Communities, Office of the United States Trade Representative, 600 17th
Street, NW, Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: Bruce R. Hirsh, Associate General
Counsel, at (202) 395-3582, or William L. Busis, Associate General
Counsel, at 395-3150
SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay
Round Agreements Act (URAA) 19 U.S.C. 3537(b)(1)), the USTR is
providing
[[Page 57690]]
notice that on May 12, 1999, the European Communities submitted a
request for the establishment of a WTO dispute settlement panel to
examine actions allegedly taken on March 3, 1999 to withhold
liquidation on imports from the EC of a list of products valued at $520
million. The WTO Dispute Settlement Body (``DSB'') established a panel
for this purpose on June 16, 1999. Panelists were selected on October
8, 1999.
Major Issues Raised and Legal Basis of the Complaint
The European Communities' panel request describes the purported
U.S. measure it is challenging as ``the U.S. decision, effective as of
March 3, 1999, to withhold liquidation on imports from the EC of a list
of products, together valued at $520 million on an annual basis, and to
impose a contingent liability for 100% duties on each individual
importation of affected products as of this date. . . . This measure
includes administrative provisions that foresee, among other things,
the posting of a bond to cover the full potential liability.''
According to the European Communities, by requiring the deposit of a
bond, U.S. Customs ``effectively already imposed 100% duties on each
individual importation as of 3 March 1999, the return of which was
uncertain, depending on future U.S. decisions.'' The EC assets that the
U.S. thereby violated Articles 3, 21, 22 and 23 of the Dispute
Settlement Understanding and Articles I, II, VIII and IX of GATT 1994.
The EC also asserts that the purported U.S. measure ``impedes important
objectives of GATT 1994 and of the WTO.''
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Comments must be in
English and provided in fifteen copies to Sandy McKinzy at the address
provided above. A person requesting that information contained in a
comment submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitting
person. Confidential business information must be clearly marked
``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top of each
page of each copy.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by the USTR to be
confidential in accordance with section135(g)(2) of the Trade Act of
1974 (19 U.S.C. 2155(g)(2)). If the submitting person believes that
information or advice may qualify as such, the submitting person--
(1) Must so designate the information or advice;
(2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
in a contrasting color ink at the top of each page of each copy; and
(3) Is encouraged to provide a non-confidential summary of the
information or advice.
Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), the
USTR will maintain a file on this dispute settlement proceeding,
accessible to the public, in the USTR Reading Room: Room 101, Office of
the United States Trade Representative, 600 17th Street, NW,
Washington, DC 20508. The public file will include a listing of any
comments received by the USTR from the public with respect to the
proceeding; the U.S. submissions to the panel in proceeding, the
submissions, or non-confidential summaries of submissions, to the panel
received from other parties in the dispute, as well as the report of
the dispute settlement panel, and, if applicable, the report of the
Appellate Body. An appointment to review the public file (Docket WTO/D-
165, Import Measures on Certain Products from the European Communities)
may be made by calling Brenda Webb, (202) 395-6186. The USTR Reading
Room is open to the public from 9:30 a.m. to 12 noon and 1 p.m. to 4
p.m., Monday through Friday.
A. Jane Bradley,
Assistant U.S. Trade Representative for Monitoring and Enforcement.
[FR Doc. 99-27842 Filed 10-25-99; 8:45 am]
BILLING CODE 3190-01-M
