97-28434. Initiation of Section 302 Investigation and Request for Public Comment: Korean Barriers to Auto Imports

[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Notices]
[Page 55843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28434]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-115]


Initiation of Section 302 Investigation and Request for Public 
Comment: Korean Barriers to Auto Imports

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of initiation of investigation; 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 the Republic of Korea that pose barriers 
to imports of U.S. autos into the Korean market. USTR invites written 
comments on the matters being investigated.

DATES: This investigation was initiated on October 20, 1997. Written 
comments from interested persons are due on or before noon on Tuesday, 
December 2, 1997.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street, NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Sean Murphy, Office of Asia and the 
Pacific, [phone], or Geralyn Ritter, Office of the General 
Counsel, [phone].

SUPPLEMENTARY INFORMATION: Executive Order No. 12901 of March 3, 1994, 
as extended by Executive Order No. 12973 of September 27, 1995, 
regarding the ``Super 301'' annual review, provides for the USTR to 
identify priority foreign country practices, the elimination of which 
is likely to have the most significant potential to increase United 
States exports, either directly or through the establishment of a 
beneficial precedent. Accordingly, on October 1, 1997, the USTR 
identified as a ``priority foreign country practice'' the Government of 
the Republic of Korea's barriers to auto imports. (See 62 FR 52604 of 
October 8, 1997). Specific Korean practices of concern include an array 
of cumulative tariff and tax disincentives that disproportionately 
affect imports, onerous and costly auto standards and certification 
procedures, auto financing restrictions, and a climate of bias against 
imported vehicles that Korean officials have not effectively addressed. 
While some of these barriers were addressed in a 1995 bilateral 
agreement between the United States and Korea, implementation of that 
agreement has been disappointing, especially as new practices have been 
introduced that undermine the 1995 agreement. Furthermore, imported 
passenger vehicles continue to represent less than one percent of the 
Korean market. Although some progress was made during recent bilateral 
negotiations to improve market access in Korea for foreign automobiles, 
Korea was not prepared to undertake the reforms which are necessary for 
real opening of its autos market.

Investigation and Consultations

    Executive Order No. 12901 requires the USTR to initiate an 
investigation, pursuant to section 302(b)(1)(A) of the Trade Act, of 
any ``priority foreign country practices.'' On October 20, 1997, the 
USTR initiated an investigation with respect to certain acts, policies 
and practices of the Government of the Republic of Korea that pose 
barriers to imports of U.S. autos into the Korean market. Pursuant to 
section 303(a) of the Trade Act, the USTR will seek consultations with 
the Government of Korea concerning the issues under investigation. USTR 
will seek information and advice from the appropriate representatives 
provided for under section 135 of the Trade Act in preparing the U.S. 
presentations for such consultations.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments on the 
acts, policies and practices of the Government of Korea that are the 
subject of this investigation, including 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 regarding whether they are actionable under section 301 and, 
if affirmative, the appropriate action to take in response.
    Comments must be filed in accordance with the requirements set 
forth in 15 CFR Sec. 2006.8(b) and are due no later than noon on 
Tuesday, December 2, 1997. Comments must be in English and provided in 
twenty copies to: Office of the General Counsel, Attn: Korea Auto 
Investigation, Room 223, USTR, 600 17th Street, NW, Washington, DC 
20508.
    Comments will be placed in a file (Docket 301-115) 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 1006.15 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 a 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. 301-115) may be made by calling Brenda Webb [phone]. 
The USTR Reading Room is open to the public from 9:30 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. 97-28434 Filed 10-27-97; 8:45 am]
BILLING CODE 3190-01-M