96-25796. WTO Dispute Settlement Proceeding Concerning Certain Japanese Measures Affecting Imported Consumer Photographic Film and Paper  

  • [Federal Register Volume 61, Number 196 (Tuesday, October 8, 1996)]
    [Notices]
    [Pages 52835-52836]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-25796]
    
    
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    OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
    
    WTO Dispute Settlement Proceeding Concerning Certain Japanese 
    Measures Affecting Imported Consumer Photographic Film and Paper
    
    AGENCY: Office of the United States Trade Representative.
    
    ACTION: Notice; request for comments.
    
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    SUMMARY: Pursuant to section 127(b)(1) of the Uruguay Round Agreements 
    Act (URAA) (19 U.S.C. 3537(b)(1)), the Office of the United States 
    Trade Representative (USTR) is providing notice that a dispute 
    settlement panel convened under the Agreement Establishing the World 
    Trade Organization (WTO) at the request of the United States will 
    examine Japanese government measures affecting the distribution and 
    sale of imported consumer photographic film and paper. USTR also 
    invites written comments from the public concerning the issues raised 
    in the dispute.
    
    DATES: Although USTR will accept any comments received during the 
    course of the dispute settlement proceedings, comments should be 
    submitted on or before November 1, 1996 in order to be assured of 
    timely consideration by USTR in preparing its first written submission 
    to the panel.
    
    ADDRESSES: Comments may be submitted to Sybia Harrison, Staff 
    Assistant, Room 222, Attn: Film and Paper Dispute, Office of the U.S. 
    Trade Representative, 600 17th Street, N.W., Washington, DC 20508.
    
    FOR FURTHER INFORMATION CONTACT: Joanna McIntosh, Associate General 
    Counsel, Office of the General Counsel, Office of the U.S. Trade 
    Representative, 600 17th Street, N.W. Washington, DC 20508, (202) 395-
    7203.
    
    SUPPLEMENTARY INFORMATION: At the United States' request, a WTO dispute 
    settlement panel will examine whether certain Japanese government 
    measures affecting the distribution and sale of imported consumer 
    photographic film and paper are consistent with the Government of 
    Japan's obligations under the General Agreement on Tariffs and Trade 
    1994 (GATT).
        The panel is expected to meet as necessary at the WTO headquarters 
    in Geneva, Switzerland to examine the dispute. Under normal 
    circumstances, the panel would be expected to issue a report detailing 
    its findings and recommendations in six to nine months.
    
    Major Issues Raised by the United States and Legal Basis of 
    Complaint
    
        The United States has requested that a WTO panel examine whether 
    the Government of Japan has implemented and maintains laws, 
    regulations, requirements and measures (collectively ``measures'') 
    affecting the distribution, offering for sale, and internal sale of 
    imported consumer photographic film and paper, including: 
    liberalization countermeasures; distribution measures, such as, but not 
    limited to, the cabinet decision, administrative guidance, and other 
    measures listed in the Appendix; the Law Pertaining to the Adjustment 
    of Business Activities of the Retail Industry for Large Scale Retail 
    Stores, No. 109 of 1973 (Daiten Ho); Special Measures for the 
    Adjustment of Retail Business; No. 155 of 1959 (Shocho Ho); the Law 
    Against Unjustifiable Premiums and Misleading Representations, No. 134 
    of 1962; measures regarding dispatched employees pursuant to the Law 
    Concerning the Prohibition of Private Monopoly and Maintenance of Fair 
    Trade, No. 54 of 1947; the Law Concerning Enterprise Reform for 
    Specified Industries, No. 61 of 1995; the Ministry of International 
    Trade and Industry Establishment Law, No. 275 of 1952; and related 
    measures.
        The United States considers that such measures nullify or impair 
    benefits accruing to it, within the meaning of Article XXIII: (1)(a), 
    as a result of the failure of the Government of Japan to carry out its 
    obligations under Articles III and X of the General Agreement on 
    Tariffs and Trade 1994 (GATT). More specifically, Japanese government 
    measures:
         Were implemented and maintained so as to afford protection 
    to domestic production of consumer photographic film and paper within 
    the meaning of GATT Article III:1;
         Conflict with GATT Article III:4 by affecting the 
    conditions of competition for the distribution, offering for sale, and 
    internal sale of consumer photographic film and paper in a manner that 
    accords less favorable treatment to imported film and paper than to 
    comparable products of national origin; and
         Conflict with GATT Articles X:1 and X:3 because the 
    measures lack
    
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    transparency in that they were not promptly published and were not 
    administered in a uniform, impartial and reasonable manner.
        In addition, the United States considers that the application of 
    these measures by the Government of Japan nullifies or impairs, within 
    the meaning of GATT Article XXIII:(1)(b), the tariff concessions that 
    the Government of Japan made on black and white and color consumer 
    photographic film and paper in the Kennedy Round, Tokyo Round, and 
    Uruguay Round multilateral tariff negotiations.
    
    Appendix
    
    MITI, ``Administrative Guidance To Promote Rationalization of 
    Distribution System,'' 1966.
    Cabinet Decision, ``Liberalization of Foreign Investment,'' June 6, 
    1967.
    MITI Industrial Structure Council Distribution Subcommittee, 
    ``Distribution Systemization,'' 1969 (Tsusanho Koho, Aug. 13 & 14, 
    1969).
    MITI Preparatory Survey, ``The Actual State of Trade Practices in 
    Photo Film,'' 1969.
    MITI, ``Film Trade Normalization Guidelines,'' 1970.
    MITI, ``Business Bureau Report on Film Prices,'' 1970.
    MITI, ``Basic Plan for Distribution Systemization,'' 1971.
    MITI, ``Manual for Systemization of Distribution,'' 1975.
    MITI, ``Guidelines for Improving Business Practices,'' 1990.
    MITI and the Small and Medium Enterprises Agency, ``Distribution 
    Vision for the 21st Century,'' 1995 (and earlier versions for the 
    1970s, 1980s, and 1990s).
    Photo Industry Distribution Information Systemization Council 
    [Kyogikai], ``Comprehensive Manual for Photo Distribution Industry 
    Distribution Information Systemization,'' 1996 (and 1989, 1990, 
    1991, and 1992 versions).
    
        Other related measures, including guidelines.
    
    Public Comment: Requirements for Submissions
    
        Interested persons are invited to submit written comments 
    concerning the issues raised in the dispute. Comments must be in 
    English and provided in fifteen copies. 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 commenter. Confidential business information must be 
    clearly marked ``BUSINESS CONFIDENTIAL'' in a contrasting color ink at 
    the top of each page of each copy.
        A person requesting that information or advice contained in a 
    comment submitted by that person, other than business confidential 
    information, be treated as confidential in accordance with section 
    135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155)--
    
    (1) Must so designate that information or advice;
    (2) Must clearly mark the material as ``CONFIDENTIAL'' 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, 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, N.W., Washington DC 20508. The public 
    file will include a listing of any comments made to USTR from the 
    public with respect to the proceeding; the U.S. submissions to the 
    panel in the proceeding; the submissions, or non-confidential summaries 
    of submissions, to the panel received from other participants 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-9, ``U.S.-Japan: Film and Paper''), 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.
    Jennifer Hillman,
    General Counsel.
    [FR Doc. 96-25796 Filed 10-7-96; 8:45 am]
    BILLING CODE 3190-01-P
    
    
    

Document Information

Published:
10/08/1996
Department:
Trade Representative, Office of United States
Entry Type:
Notice
Action:
Notice; request for comments.
Document Number:
96-25796
Dates:
Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before November 1, 1996 in order to be assured of timely consideration by USTR in preparing its first written submission to the panel.
Pages:
52835-52836 (2 pages)
PDF File:
96-25796.pdf