[Federal Register Volume 61, Number 95 (Wednesday, May 15, 1996)]
[Notices]
[Pages 24516-24517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12121]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
WTO Dispute Settlement Proceedings Concerning U.S. Restrictions
on Woven Wool Shirts and Blouses From India
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 India will examine a U.S.
transitional safeguard restriction on woven wool shirt and blouse
imports from India (category 440) applied pursuant to the Uruguay Round
Agreement on Textiles and Clothing (ATC). 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 June 12, 1996 in order to be assured of timely
consideration by USTR in preparing its first written submission to the
panel.
ADDRESSES: Comments may be submitted to the Office of the General
Counsel, Attn: Wool Shirts and Blouses Dispute, Room 223, Office of the
U.S. Trade Representative, 600 17th Street, N.W., Washington, D.C.
20506.
FOR FURTHER INFORMATION CONTACT:
Alicia Greenidge, Special Counsel, at (202) 395-3026 or Demetri
Boutris, Associate General Counsel, at (202) 395-3150, Office of the
U.S. Trade
[[Page 24517]]
Representative, 600 17th Street, N.W., Washington, DC 20508.
SUPPLEMENTARY INFORMATION: At the request of India, a WTO dispute
settlement panel will examine whether the United States application of
a transitional safeguard on U.S. imports of woven wool shirts and
blouses from India is consistent with U.S. obligations under the ATC.
Effective July 17, 1995, the United States applied a restriction on
imports of woven wool shirts and blouses from India (category 440) at a
level of 76,698 dozen (60 FR 35899). The U.S. took this action because
it determined that such imports were contributing to serious damage, or
actual threat thereof, to the U.S. industry. The U.S. held
consultations with India in April 1995 in accordance with Article 6.7
of the Uruguay Round Agreement on Textiles and Clothing (ATC). Because
no mutually satisfactory solution was reached, the U.S. applied a
safeguard restriction in accordance with Article 6.10 of the ATC.
Article 6.10 provides that members taking unilateral action must do so
within 30 days after a 60 day consultation period, which did not result
in agreement. Also pursuant to Article 6.10 of the ATC, the WTO
Textiles Monitoring Body (TMB) automatically reviewed the case. The TMB
examined the matter on August 28-September 1, 1995. After its
examination of the case, the TMB determined that there was no serious
damage to U.S. industry. However, the TMB reached consensus that there
was actual threat of serious damage to the U.S. industry and such
threat was properly attributed to imports from India. On October 16,
1995, India informed the TMB that it could not conform with the TMB's
recommendation. The TMB subsequently issued a report on December 8,
1995, affirming its original finding and noted that it could not make
any additional recommendations concerning the conclusions it reached
earlier. On March 14, 1996, pursuant to Article 8.10 of the ATC, India
sent a letter to the Chairman of the WTO Dispute Settlement Body
requesting that a panel review the matter.
Members of the panel are currently being selected. The panel will
meet with the parties to the dispute twice at WTO headquarters in
Geneva, Switzerland to examine the case. The panel is expected to issue
a report detailing its findings and recommendations in six to nine
months from the date the panel is established.
Major Issues Raised by India and Alleged Legal Basis of the
Complaint
India has alleged that the U.S. safeguard restriction on woven
shirts and blouses imported from India is inconsistent with Articles 6,
8 and 2 of the ATC; that the U.S. restriction nullifies or impairs
benefits accruing to India under the Agreement Establishing the WTO,
GATT 1994 and under the ATC in particular; and that the U.S. must
withdraw the restraint. India also requested supplementary findings
from the panel that the U.S. has to choose at the beginning of the
process whether it will claim existence of serious damage or actual
threat because they are not interchangeable (asserting that if serious
damage is not found there can be no threat); and that the U.S. cannot
impose a restraint with retrospective effective because there is no
provision in the ATC addressing the matter.
Public Comment: Requirements for Submissions
Interested person are invited to submit written comments concerning
the issues raised in the dispute. The provisions of 15 CFR Sec. 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 a contrasting color ink at the top of each
page.
Pursuant to Sec. 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 20508. An appointment to review the docket (Docket WTO/D-5 ``India-
United States: U.S. Safeguard Restrictions on Woven Wool Shirts and
Blouses'') may be made by calling Brenda Webb, (202) 395-6186. 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.
Irving Williamson,
Deputy General Counsel.
[FR Doc. 96-12121 Filed 5-14-96; 8:45 am]
BILLING CODE 3190-01-M
