99-28648. WTO Dispute Settlement Proceeding Regarding United States Safeguard Measure on Imports of Fresh, Chilled or Frozen Lamb Meat From New Zealand

[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Pages 59225-59226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28648]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-177]


WTO Dispute Settlement Proceeding Regarding United States--
Safeguard Measure on Imports of Fresh, Chilled or Frozen Lamb Meat From 
New Zealand

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 New Zealand's request for the 
establishment of a dispute settlement panel under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO''). New 
Zealand challenges the United States' action in imposing temporary 
quantitative limitations on imports of lamb meat in an effort to 
prevent serious injury to the domestic industry and to facilitate its 
adjustment to import competition. In this dispute New Zealand alleges 
that the United States' safeguard measure is inconsistent with certain 
obligations under the WTO Agreement on Safeguards, and the General 
Agreement on Tariffs and Trade 1994 (``GATT 1994''). USTR invites 
written comments from the public concerning the issues raised in this 
dispute.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted by January 10, 1999, to be assured of timely consideration by 
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: Lamb 
Meat, Office of the United States Trade Representative, 600 17th 
Street, NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Marjorie Florestal, Assistant General 
Counsel at [phone] or Teresa Howes, Director for Asian 
Agricultural Affairs at [phone].

SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay 
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing 
notice that on October 14, 1999, New Zealand submitted a request for 
the establishment of a WTO dispute settlement panel to examine the U.S. 
safeguard measure on imports of lamb meat. The WTO Dispute Settlement 
Body (``DSB'') is expected to establish a panel for this purpose in 
November, 1999.

Major Issues Raised and Legal Basis of the Complaint

    New Zealand challenges the safeguard measure on imports of lamb 
meat established in Proclamation 7208 of July 7, 1999 (64 FR 37387) 
(July 9, 1999), and described in the President's Memorandum of July 7, 
1999, entitled ``Action Under Section 203 of the Trade Act of 1974 
Concerning Lamb Meat'' (64 FR 37393) (July 12, 1999). In its request 
for a panel to examine the measure, New Zealand alleges that the U.S. 
safeguard action on lamb meat is inconsistent with Articles 2, 3, 4, 5, 
11, and 12 of the Agreement on Safeguards, and Articles I, II, and XIX 
of the GATT 1994.

[[Page 59226]]

    At New Zealand's request, on August 26, 1999, the United States and 
New Zealand participated in dispute settlement consultations held in 
Geneva; these consultations did not lead to a satisfactory resolution 
of the matter.

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 USTR to be 
confidential in accordance with section 135(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)), 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 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 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/DS-177, ``Lamb Meat--New Zealand'') 
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 p.m. to 4 
p.m., Monday through Friday.
A. Jane Bradley,
Assistant U.S. Trade Representative for Monitoring and Enforcement.
[FR Doc. 99-28648 Filed 11-1-99; 8:45 am]
BILLING CODE 3190-01-P