95-9516. WTO Dispute Settlement Proceedings Concerning Reformulated and Conventional Gasoline

[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Notices]
[Page 19422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9516]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


WTO Dispute Settlement Proceedings Concerning Reformulated and 
Conventional Gasoline

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 a dispute 
settlement panel convened under the Agreement Establishing the World 
Trade Organization (WTO) at the request of Venezuela will examine an 
Environmental Protection Agency regulation concerning reformulated and 
conventional gasoline. 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 May 16, 1995 in order to be assured of timely 
consideration by USTR in preparing its first written submission to the 
panel.

ADDRESS: Comments may be submitted to the Office of the General 
Counsel, Attn: Venezuela Gasoline Dispute, Room 223, Office of the U.S. 
Trade Representative, 600 17th Street, N.W., Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT:
Rachel Shub, Assistant General Counsel, Office of the General Counsel, 
Office of the U.S. Trade Representative, 600 17th Street, N.W. 
Washington, DC 20506, [phone].

SUPPLEMENTARY INFORMATION:  At Venezuela's request, a WTO dispute 
settlement panel will examine whether EPA's ``Regulation of Fuels and 
Fuel Additives: Standards for Reformulated and Conventional Gasoline,'' 
dated December 15, 1993 (59 FR 7716; February 16, 1994) is consistent 
with U.S. obligations under the General Agreement on Tariffs and Trade 
(GATT) 1994 and the Agreement on Technical Barriers to Trade (TBT 
Agreement). Australia, Canada, the European Communities and Norway have 
reserved their rights to intervene in the panel proceedings as third 
parties. (On April 10, 1995, Brazil requested separate consultations 
with the United States under the GATT 1994 and the TBT Agreement 
regarding EPA's regulation.)
    Members of the panel are currently being selected, and the panel is 
expected to meet as necessary at the WTO headquarters in Geneva, 
Switzerland to examine the dispute. Under normal circumstances, the 
panel would be expected to issue a report detailing its findings and 
recommendations in six to nine months.
    An earlier dispute settlement proceeding regarding the EPA 
regulation, which was initiated by Venezuela under the GATT 1947 (see 
59 FR 52034; October 13, 1994), has been terminated.

Major Issues Raised by Venezuela and Legal Basis of Complaint

    Venezuela has asserted that EPA's regulation accords less favorable 
treatment to Venezuela gasoline than to U.S.-produced gasoline and to 
gasoline produced in third countries, and thus is inconsistent with 
Articles I and III of the GATT 1994 and Article 2.1 of the TBT 
Agreement. Venezuela has also asserted that the regulation creates 
unnecessary obstacles to international trade and therefore is 
inconsistent with Article 2.2 of the TBT Agreement.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issue raised in the dispute. The provisions of 15 CFR 
Secs. 2006.13(a) and (c) (providing that comments received will be open 
to public inspection) and 2006.15 will apply to comments received. 
Comments must be in English and provided in fifteen copies. Pursuant to 
15 CFR Sec. 2006.15, confidential business information must be clearly 
marked ``BUSINESS CONFIDENTIAL'' in contrasting color ink at the top of 
each page.
    Pursuant to section 127(e) of the URAA, USTR will maintain a public 
file on this dispute settlement proceeding, which will include a list 
of comments received, in the USTR Reading Room: Room 101, Office of the 
United States Trade Representative, 600 17th Street, N.W., Washington 
DC 20506. An appointment to review the docket (Docket WTO/D-1, 
``Venezuela-United States: U.S. EPA Gasoline Standards''), may be made 
by calling Brenda Webb, [phone]. The USTR Reading Room is open 
to the public from 10 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday 
through Friday.
Ira S. Shapiro,
General Counsel.
[FR Doc. 95-9516 Filed 4-17-95; 8:45 am]
BILLING CODE 3190-01-M