[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Notices]
[Pages 13491-13492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6055]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Public Hearings on Establishment of a Tariff-Rate Quota on
Imported Tobacco
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of public hearings.
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SUMMARY: Pursuant to section 125(f) of the Trade Act of 1974, the
Office of the United States Trade Representative has scheduled a public
hearing on the potential establishment of a tariff-rate quota on
certain imported tobaccos.
DATES: The public hearing will be held on Tuesday, April 4, 1995.
FOR FURTHER INFORMATION CONTACT: For procedural questions concerning
public hearings and/or public comments, contact Carolyn Frank,
Executive Secretary, Trade Policy Staff Committee (TPSC) (202-395-
9557). All other questions should be directed to Thomas Hushek, Senior
Economist for Agricultural Affairs (202-395-6127).
SUPPLEMENTARY INFORMATION: On June 28, 1994, the United States notified
the Secretariat of the General Agreement on Tariffs and Trade 1947
(GATT 1947) of its proposal to modify certain concessions with respect
to tobacco, in accordance with the provisions and procedures of Article
XXVIII, paragraph 5 of the GATT 1947. (This notification was provided
again on February 27, 1995 to the Secretariat of the World Trade
Organization, in accordance with Article XXVIII of the GATT 1994). In
July 1994, the United States entered into negotiations and
consultations pursuant to Article XXVIII with qualifying GATT
contracting parties (initial negotiating rights holders and principal
and substantial suppliers).
Pursuant to Article XXVIII, the United States proposes to establish
a tariff-rate quota on nine current tariff categories of the Harmonized
Tariff Schedule of the United States (HTSUS) (2401.10.60, 2401.20.30,
2401.20.80, 2401.30.30, 2401.30.60, 2401.30.90, 2403.10.00, 2403.91.40,
and 2403.99.00) to cover flue-cured, burley and other light air-cured
tobaccos that are imported to be used in the manufacture of cigarettes
for domestic consumption. The in-quota tariff rates would be equal to
the Uruguay Round concession rates. The over-quota tariff rates would
be as high as 350 percent ad valorem.
Other tobaccos, including oriental and cigar type tobaccos, would
not be subject to the quantitative limitations of the tariff-rate
quota. Imported flue-cured, burley and other light air-cured tobaccos
used to manufacture products other than cigarettes would also not be
subject to the tariff-rate quota.
Imported flue-cured, burley and other light air-cured tobaccos used
to manufacture exported cigarettes would be eligible for manufacturing
duty-drawback on an identity-preserved basis. Under section 422 of the
Uruguay Round Agreements Act, upon proclamation of the tariff-rate
quota, section 1106(a) of the Omnibus Budget and Reconciliation Act of
1993 (7 U.S.C. 1314i), which concerns domestic marketing assessments
for imported tobacco, would not be in effect for any calendar year
other than 1994.
Section 125(c) of the Trade Act of 1974 (19 U.S.C. 2135) provides
that whenever the United States, acting in pursuance of any of its
rights or obligations under any trade agreement entered into pursuant
to that Act, section 350 of the Tariff Act 1930 or section 201 of the
Trade Expansion Act of 1962, withdraws or modifies any obligation with
respect to the trade of any foreign country or instrumentality, the
President is authorized to proclaim increased duties or other import
restrictions, for such periods as he deems necessary or appropriate, in
order to exercise the rights or fulfill the obligations of the United
States. As amended by section 421 of the Uruguay Round Agreements Act,
section 125(c) authorizes the President to proclaim increased duties on
the nine tariff categories of tobacco of up to 350% above the rates
existing on January 1, 1975.
Before taking any action under section 125 to increase duties, the
President is required by section 125(f) to provide for public hearings
at which time interested [[Page 13492]] persons will be given a
reasonable opportunity to be present, to produce evidence and to be
heard.
NOTICE OF PUBLIC HEARINGS: Pursuant to section 125(f) of the Trade Act
of 1974 (19 U.S.C. 2135), the Trade Policy Staff Committee (TPSC),
chaired by the Office of the United States Trade Representative, has
scheduled a public hearing beginning at 10:00 a.m., on Tuesday, April
4, 1995, at the White House Conference Center, 726 Jackson Place,
Washington, DC.
REQUESTS TO PRESENT ORAL TESTIMONY: Parties wishing to testify orally
at the hearings must provide written notification of their intention by
noon, March 24, 1995 to Carolyn Frank, Executive Secretary, Trade
Policy Staff Committee, Office of the United States Trade
Representative, Room 501, 600 17th Street N.W., Washington, D.C. The
notification should include (1) the name of the person presenting the
testimony, their address and telephone number; (2) the organization or
company they are representing, if appropriate; and (3) a brief summary
of their presentation, including the product(s), with HTSUS numbers.
Those parties presenting oral testimony must also submit a written
brief, in 20 copies by noon, March 24, 1995. Remarks at the hearing
should be limited to no more than five minutes to allow for possible
questions from the Chairman and the interagency panel. Participants
should provide 30 typed copies of their oral statement at the time of
the hearings. Any confidential material must be clearly marked as such
on the cover page (or letter) and succeeding pages. Such submissions
must be accompanied by a nonconfidential summary thereof.
WRITTEN BRIEFS: Those persons not wishing to participate in the hearing
may submit written comments, in twenty typed copies, no later than
noon, March 29, 1995 to Carolyn Frank, Executive Secretary, Trade
Policy Staff Committee, Office of the United States Trade
Representative, Room 501, 600 17th Street, N.W., Washington, D.C.
Comments should state clearly the position taken and describe with
particularity the evidence supporting that position. Any business
confidential material must be clearly marked as such on the cover page
(or letter) and succeeding pages. Such submissions must be accompanied
by a nonconfidential summary thereof.
Nonconfidential submissions will be available for public inspection
at the USTR Reading Room. An appointment to review the file may be made
by calling Brenda Webb (202-395-6186).
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
[FR Doc. 95-6055 Filed 3-10-95; 8:45 am]
BILLING CODE 3190-01-M
