[Federal Register Volume 62, Number 50 (Friday, March 14, 1997)]
[Notices]
[Pages 12264-12265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6513]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-111]
Initiation of Section 302 Investigation and Request for Public
Comment: Certain Subsidies Affecting Access to the European
Communities' Market for Modified Starch
AGENCY: Office of the United Trade Representative.
ACTION: Notice of initiation of investigation; request for written
comment.
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SUMMARY: The Acting United States Trade Representative (Acting USTR)
has initiated an investigation under section 302(a) of the Trade Act of
1974 (the Trade Act) with respect to certain acts, policies and
practices of the European Communities (EC), more specifically, the
provision of subsides that affect access to the EC modified starch
market. The Acting USTR invites written comments from the public on the
matters being investigated and the determinations to be made under
section 304 of the Trade Act.
DATES: This investigation was initiated on March 8, 1997. Written
comments from the public are due on or before noon on Monday, April 14,
1997.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street, NW., Washington, D.C. 20508.
FOR FURTHER INFORMATION CONTACT:
Ronald K. Lorentzen, Office of WTO and Multilateral Affairs, (202) 395-
3063; Audrey Winter, Office of the General Counsel, (202) 395-7305; or
Marilyn Moore, Office of Agricultural Affairs, (202) 395-6127.
SUPPLEMENTARY INFORMATION: On January 22, 1997, the U.S. Wheat Gluten
Industry Council filed a petition pursuant to section 302(a) of the
Trade Act (19 U.S.C. 2412(a)) alleging that certain subsidy schemes of
the EC constitute acts, policies and practices that violate, or are
inconsistent with and otherwise deny benefits to the United States
under, the General Agreement on Tariffs and Trade 1994 (GATT) and the
Agreement on Subsidies and Countervailing Measures (SCM Agreement). In
particular, the petition alleges that four EC subsidy programs ((1) the
wheat export tax; (2) the starch production refund program; (3) the
starch export restitution program; and (4) various quotas and other
productions limits on other starches) violate EC obligations, cause
serious prejudice to U.S. interests and nullify or impair U.S. benefits
under the World Trade Organization (WTO) agreements insofar
[[Page 12265]]
as they directly or indirectly benefit EC production and export of
wheat gluten to the United States and, in the case of the wheat export
tax and the starch production refund program, displace or impede
imports of modified starch from the United States to the EC. The
petition also states that numerous other subsidy programs available
within individual EC Member States may have benefited the production of
wheat starch by EC producers.
Investigation and Consultation
The Acting USTR has reviewed the allegation in the petition and has
serious concerns about difficulties facing the U.S. wheat gluten and
wheat starch industries. Accordingly, on March 8, 1997, the Acting USTR
determined to initiate an investigation under section 302 with respect
to the EC starch production refund program to determine whether
subsidies granted under that program are causing or threatening to
cause serious prejudice to U.S. interests with respect to U.S. exports
of modified starch to the EC, or are nullifying or impairing benefits
accruing to the United States under the WTO agreements. With respect to
the other allegations in the petition regarding subsidized imports of
EU wheat gluten into the United States, the Acting USTR has invited the
petitioners to consider seeking additional information through the
procedures provided for in section 308 of the Trade Act and USTR is
prepared to continue working with them in the development of
information and analysis which may form the basis for further action.
Insofar as other U.S. trade laws are designed specifically to address
the problems of increased and/or unfairly traded imports into the U.S.
market, the Acting USTR noted that the petitioners may wish to explore
more fully these other avenues of relief. The Acting USTR also intends
to continue to pursue consultations with the EU regarding its wheat
gluten exports to the United States, pursuant to a bilateral agreement
with the EU on grains signed on July 22, 1996. In light of the
foregoing, the Acting USTR decided at this juncture not to initiate an
investigation under Section 302 with respect to these other allegations
in the petition.
Pursuant to section 303(b)(1)(A) of the Trade Act, the Acting USTR
has decided to delay requesting consultations with the EC, required
under section 303, on the EC starch production refund program for up to
90 days for the purpose of verifying and improving the petition to
ensure an adequate basis for consultations with the EC.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the acts, policies and practices of the EC which are the
subject of this investigation, the amount of burden or restriction on
U.S. commerce caused by these acts, policies and practices, and the
determinations required under section 304 of the Trade Act. Comments
must be filed in accordance with the requirements set forth in 15 CFR
2006.8(b) (55 FR 20593) and must be filed on or before noon on Monday,
April 14, 1997. Comments must be in English and provided in twenty
copies to: Sybia Harrison, Staff Assistant to the Section 301
Committee, Room 223, Office of the U.S. Trade Representative, 600 17th
Street, NW, Washington, D.C. 20508.
Comments will be placed in a file (Docket 301-111) 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. Copies of the public version of the
petition and other relevant documents are available for public
inspection in the USTR Reading Room. An appointment to review the
docket (Docket No. 301-111) 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 1:00 p.m. to 4:00 p.m., Monday through Friday, and is
located in Room 101.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 97-6513 Filed 3-13-97; 8:45 am]
BILLING CODE 3190-01-M
