[Federal Register Volume 63, Number 249 (Tuesday, December 29, 1998)]
[Notices]
[Pages 71665-71666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34497]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-100a]
Implementation of WTO Recommendations Concerning the European
Communities' Regime for the Importation, Sale and Distribution of
Bananas
AGENCY: Office of the United States Trade Representative.
ACTION: Further request for comment.
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SUMMARY: On or before January 21, 1999, the United States Trade
Representative (USTR) intends to request authorization from the Dispute
Settlement Body (DSB) of the World Trade Organization (WTO) to suspend
tariff concessions on certain products of the European Community (EC).
The USTR is requesting comments on the possible inclusion of certain
pork and certain olives in the request to the DSB.
DATES: Written comments from interested persons are due by noon on
Wednesday, January 13, 1999 on the possible imposition of prohibitive
(100% ad valorem) duties on certain pork provided for in subheading
0210.19.00 of the Harmonized Tariff System of the United States (HTS)
and certain olives provided for in HTS subheading 2005.70.6050.
ADDRESSES: 600 17th Street, NW, Washington, D.C. 20508.
FOR FURTHER INFORMATION CONTACT: Sybia Harrison, Staff Assistant to the
Section 301 Committee (202) 395-3419; Joanna McIntosh, Associate
General Counsel (202) 395-7305; or Ralph Ives, Deputy Assistant U.S.
Trade Representative (202) 395-3320.
SUPPLEMENTARY INFORMATION: On September 25, 1997, the DSB adopted an
Appellate Body report and panel report (as modified by the Appellate
Body report) recommending that the EC bring its regime for the
importation, sale, and distribution of bananas (banana regime) into
conformity with the EC's obligations under the General Agreement on
Tariffs and Trade 1994 and the General Agreement on Trade in Services
(GATS). A WTO-appointed arbitrator subsequently determined that the
``reasonable period of time'' for the EC to fully implement the DSB
recommendations and rulings would expire on January 1, 1999.
If the EC fails to bring its banana regime into compliance with its
WTO obligations by January 1, 1999, Article 22 of the WTO Dispute
Settlement Understanding (DSU) permits the United States on January 21,
1999 to seek authorization from the DSB to suspend the application of
concessions or other obligations accruing to the EC under the WTO
Agreement. Article 22.6 of the DSU provides that the DSB shall grant
the requested authorization not later than thirty days after the
expiration of the reasonable period, or by January 31 in this case. If,
however, the EC objects to the level of suspension proposed or the
application of the principles and procedures specified in Article 22.3
of the DSU in considering the types of concessions or obligations to
suspend, the proposed suspension of concessions shall be referred to
arbitration. The DSU requires that such arbitration proceedings be
completed within sixty days after the expiration of the reasonable
period of time, or by March 2 in this case. Following the completion of
arbitration proceedings and upon request, the DSB must grant
authorization to suspend concessions or other obligations consistent
with the arbitrator's decision. The United States may not suspend
concessions or other obligations during the course of the arbitration
proceedings.
On or before January 21, 1999, the USTR intends to request
authorization from the DSB to suspend tariff concessions on certain
products of the EC should the EC fail to bring its banana regime into
compliance with DSB recommendations within the prescribed reasonable
period of time, which expires on January 1, 1999. On October 22, 1998
and November 10, 1998, the USTR published notices [63 FR 56687 and 63
FR 63099] describing and requesting comments and testimony on the
United States proposed course of action to exercise its rights under
Article 22 of the DSU.
The written comments received in response to the October 22 Federal
Register notice primarily registered concerns that the EC's proposed
changes to its banana regime would not bring the regime into compliance
with the DSB's recommendations and rulings within
[[Page 71666]]
the reasonable period of time and that the EC's impending failure to
bring the banana regime into compliance would undermine the WTO dispute
settlement system. The written comments received in response to the
November 10 Federal Register notice and at the public hearing primarily
focused on the extent to which the imposition of 100% ad valorem duties
on the specific products listed in the Annex to that notice might have
an adverse effect on U.S. consumers, workers, and industries. The USTR
also received written comments and testimony requesting the imposition
of increased duties on certain products of the EC not included in the
Annex to the November 10 Federal Register notice.
On December 21, 1998, the USTR announced in a press release the
list of products of the EC for which the USTR intends to request
authorization from the DSB to impose 100% ad valorem duties. [Press
Release 98-113, www.ustr.gov.] The USTR also announced that comments
would be sought on the possible inclusion of certain pork provided for
in HTS subheading 0210.19.00 and certain olives provided for in HTS
subheading 2005.70.6050 in the request to the DSB. The list of products
announced in the December 21, 1999 press release is subject to revision
depending on the comments received in response to this notice and on
the results of arbitration, if requested by the EC.
In accordance with the time frames set forth in Article 22 of the
DSU for suspending concessions when a WTO member fails to bring its
measures into compliance with DSB recommendations, the proposed
increased duties would be assessed on the selected products that are
entered, or withdrawn from warehouse for consumption, on or after
February 1, 1999, unless the EC requests arbitration on the proposed
suspension of tariff concessions, in which case the proposed increased
duties would be assessed on the selected products that are entered, or
withdrawn from warehouse for consumption, on or after March 3, 1999.
The USTR subsequently will announce: (1) the USTR's determination
to impose 100% ad valorem duties on certain products of the EU and
instructions to the U.S. Customs Service to begin assessing the
increased duties; (2) the date on which the increased duties will begin
to be assessed; and (3) the list of products on which increased duties
will be assessed. The increased duties would not be assessed on
products of the Netherlands or Denmark.
Written Comments--Requirements for Submissions
The USTR has determined that it may be appropriate to consider
including two products in its request to the DSB for authorization to
suspend tariff concessions on which the USTR has not previously sought
public comment. Therefore, interested persons are invited to comment
on: (1) the appropriateness of imposing 100% ad valorem duties on meat
of swine other than hams, shoulders, bellies (streaky) and cuts
thereof, salted, in brine, dried or smoked (HTS subheading 0210.19.00)
and olives (not green), sliced in a saline solution, canned, pitted
(HTS subheading 2005.70.6050); (2) the levels at which U.S. customs
duties should be set for these particular products; and (3) the degree
to which increased duties may have an adverse effect upon U.S.
consumers of these products. The imposition of increased duties would
apply to articles that are classified in HTS subheadings 0210.19.00 and
2005.70.6050. The product descriptions provided above are not intended
to delimit in any way the scope of the products that would be subject
to increased duties.
Comments must be filed in accordance with the requirements set
forth in 15 CFR 2006.8(b) (55 FR 20593) and must be filed by noon on
Wednesday, January 13, 1999. Comments must be in English and provided
in twenty copies to: Sybia Harrison, Staff Assistant to the Section 301
Committee, Room 416.
Comments will be placed in a file (Docket 301-100a) 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 2006.15 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 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 Docket No.
301-100a may be made by calling Brenda Webb at (202) 395-6186. 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.
Joanna K. McIntosh,
Chairman, Section 301 Committee.
[FR Doc. 98-34497 Filed 12-28-98; 8:45 am]
BILLING CODE 3190-01-P
