98-34134. WTO Dispute Settlement Proceeding Regarding Mexico's Imposition of Antidumping Duties on Imports of High Fructose Corn Syrup From the United States

[Federal Register Volume 63, Number 247 (Thursday, December 24, 1998)]
[Notices]
[Pages 71327-71328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34134]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-132]


WTO Dispute Settlement Proceeding Regarding Mexico's Imposition 
of Antidumping Duties on Imports of High Fructose Corn Syrup From the 
United States

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, at the request of 
the United States, a dispute settlement panel has been established 
under the Agreement Establishing the World Trade Organization (WTO), to 
examine Mexico's imposition of antidumping duties on imports of high 
fructose corn syrup (HFCS) from the United States, and related 
measures. More specifically, in this dispute the United States alleges 
that the measures in question are inconsistent with Article VI of the 
General Agreement on Tariffs and Trade 1994 (GATT 1994) and Articles 1, 
2, 3, 4, 5, 6, 7, 10 and 12 of the WTO Antidumping Agreement. USTR also 
invites written comments from the public concerning the issues raised 
in the dispute.

DATE: Although USTR will accept any comments received during the course 
of

[[Page 71328]]

the dispute settlement proceedings, comments should be submitted on or 
before January 22, 1999, to be assured of timely consideration by USTR 
in preparing its first written submission to the panel.

ADDRESS: Comments must be submitted to Sandy McKinzy, Litigation 
Assistant, Office of Monitoring and Enforcement, Room 122, Attn: 
Mexico-HFCS Dispute, Office of the U.S. Trade Representative, 600 17th 
Street, NW., Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:
Melida Hodgson, Assistant General Counsel, [phone].

SUPPLEMENTARY INFORMATION: On October 8, 1998, the United States 
requested the establishment of a WTO dispute settlement panel to 
examine whether Mexico's final antidumping measure, including actions 
preceding this measure, is inconsistent with the GATT 1994 and the 
Antidumping Agreement. On November 25, 1998, the WTO Dispute Settlement 
Body (DSB) established a panel to examine the U.S. complaint. Under 
normal circumstances, the panel, which will hold its meetings in 
Geneva, Switzerland, would be expected to issue a report detailing its 
findings and recommendations within six months after it is established.

Major Issues Raised by the United States and Legal Basis of 
Complaint

    In February 1997, at the request of the Mexican Chamber of Sugar 
and Alcohol Industries (the sugar producers), the Mexican Secretariat 
of Commerce and Industrial Development (SECOFI) initiated an 
antidumping investigation of imports of HFCS from the United States. In 
January 1998, subsequent to the imposition of provisional antidumping 
duties, SECOFI made a final determination that imports of HFCS from the 
United States were being dumped in Mexico, and that these imports were 
threatening the Mexican sugar industry, and it therefore levied 
antidumping duties against U.S. exporters.
    The USTR believes that these measures are inconsistent with key 
provisions of the WTO agreements in several respects, including the 
following:

--SECOFI's notice of initiation of an antidumping investigation did not 
provide adequate information summarizing the factors on which the 
allegation of threat of material injury was based;
--The evidence in the application alleging threat of material injury 
was insufficient to justify initiation of an investigation;
--In its final determination of threat of material injury to the sugar 
industry, Mexico failed to properly examine, and determine, the likely 
impact of dumped HFCS imports on the Mexican sugar industry;
--Mexico's determination that there was a likelihood of substantially 
increased imports or that further dumped imports were imminent was 
flawed;
--Mexico's application and administration of provisional antidumping 
measures was inconsistent with the Antidumping Agreement; and
--U.S. exporters were denied a full opportunity to defend their 
intersts during the pendency of Mexico's investigation

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. Comments must be 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.
    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 submitter believes that information 
or advice may qualify as such, the submitter--
    (1) Must so designate that 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 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 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/DS-132) (``Mexico-HFCS Dispute'') 
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. 98-34134 Filed 12-23-98; 8:45 am]
BILLING CODE 3190-01-M