[Federal Register Volume 62, Number 34 (Thursday, February 20, 1997)]
[Notices]
[Page 7815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4181]
[[Page 7815]]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
WTO Dispute Settlement Proceeding Regarding Hungary's Export
Subsidies on Agricultural Products (Docket No. WTO/D-14)
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
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 the United States
has requested the establishment of a dispute settlement panel under the
Agreement Establishing the World Trade Organization (WTO), to examine
Hungary's export subsidies on agricultural products. More specifically,
the United States alleges that Hungary's export subsidies are
inconsistent with the obligations of the WTO Agreement on Agriculture,
including, but not limited to, Article 3.3, Article 8 and Article 9.2.
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 March 17, 1997, to be assured of timely
consideration by USTR in preparing its first written submission to the
panel.
ADDRESSES: Comments may be submitted to Ileana Falticeni, Office of
Monitoring and Enforcement, Room 501, Attn: Hungary Export Subsidies
Dispute, Office of the U.S. Trade Representative, 600 17th Street,
N.W., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT:
William D. Hunter, Attorney, (202) 395-3582, or Marilyn Moore, Senior
Economist, (202) 395-6127.
SUPPLEMENTARY INFORMATION: On January 9, 1997, the United States
requested establishment of a WTO dispute settlement panel to examine
whether Hungary's export subsidies on agricultural products are
inconsistent with the obligations of the WTO Agreement on Agriculture.
Argentina, Australia and New Zealand also requested the establishment
of a panel. The WTO Dispute Settlement Body (DSB) considered the U.S.
request at its meeting on January 22, 1997. Under the WTO Understanding
on Rules and Procedures Governing the Settlement of Disputes, the DSB
must establish a panel at the next DSB meeting where a panel request is
on the agenda, unless the DSB determines by consensus otherwise. The
next scheduled DSB meeting will be held on February 25, 1997. 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 to nine months after it is
established.
Major Issues Raised by the United States and Legal Basis of Complaint
In Hungary's Schedule annexed to the Marrakesh Protocol to the
General Agreements on Tariffs and Trade 1994 (Schedule), Hungary
provided an exclusive list of the agricultural products or groups of
products that would be eligible for particular categories of export
subsidies. Hungary's Schedule also specified the maximum level of
expenditure for such subsidies that may be allocated or incurred for
each year with respect to each agricultural product or group of
products, and the maximum quantity of each agricultural product or
group of products for which such subsidies could be granted each year.
In 1995, Hungary provided export subsidies on agricultural products
that are not specified in its Schedule. In addition, in the case of
agricultural products that are specified in its Schedule, Hungary
provided export subsidies in excess of its specified budgetary outlay
and quantity commitment levels. Both sets of circumstances continued in
1996.
Hungary's export subsidies appear to be inconsistent with Hungary's
obligations to limit its export subsidies under the Agreement on
Agriculture, including, but not limited to, Article 3.3, Article 8, and
Article 9.2.
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(g)(2))--
(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 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/D-14 (``U.S.-
Hungary Export Subsidies'')), may be made by calling Brenda Webb, (202)
395-6186. 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. 97-4181 Filed 2-19-97; 8:45 am]
BILLING CODE 3190-01-M
