[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Notices]
[Pages 27847-27848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12906]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-161]
WTO Dispute Settlement Proceeding Regarding Korea--Measures
Affecting Imports of Fresh, Chilled, and Frozen Beef
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice of the request by the United States for
the establishment of a dispute settlement panel under the Marrakesh
Agreement Establishing the World Trade organization (``WTO''), to
examine: (1) Korea's retail distribution system, which discriminates
against beef from the United States by imposing sales and other
requirements on such beef from which Korean beef is exempt; (2) Korea's
imposition of charges that exceed the other duties or charges provided
for in Korea's WTO Schedule of concessions; (3) Korea's provision of
excessive domestic support to agricultural producers; and (4) other
Korean Government measures that have disrupted market access and
impaired the ability of U.S. producers to fill the quota allotted by
the Korean government for beef imports. In this dispute, the United
States alleges that the Korean measures are inconsistent with the
obligations of Korea under the General Agreement on Tariffs and Trade
(GATT) 1994, the Agreement on Agriculture, and the Agreement on Import
Licensing Procedures. The USTR invites written comments from the public
concerning the issues raised in this dispute.
DATES: Although the USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted by July 15, 1999, to be assured of timely consideration by
the USTR in preparing its first written submission to the panel.
ADDRESSES: Comments may be submitted to Sandy McKinzy, Litigation
Assistant, Office of Monitoring and Enforcement, Room 122, Attn: Korea
Beef Dispute, Office of the United States Trade Representative, 600
17th Street, N.W., Washington, D.C. 20508.
FOR FURTHER INFORMATION CONTACT: James Lyons, Associate General
Counsel, Office of the United States Trade Representative, (202) 395-
7305 or Mary Latimer, Director for Korea, (202) 395-6813.
SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), the USTR is
providing notice that on April 15, 1999, the United States requested
the establishment of a WTO dispute settlement panel to examine whether
Korea's discriminatory retail distribution requirements for imported
beef, an additional charge not provided for in Korea's Schedule of
concessions, domestic support payments which exceed Korea's reduction
commitments, and other restrictions on market access for imported beef
are inconsistent with the WTO obligations of Korea. The WTO Dispute
Settlement Body (``DSB'') considered the United States' first request
for the establishment of a panel on April 28, 1999, and the United
States will present its second request at a meeting of the DSB on May
26, 1999. A panel will be established at that time unless the DSB
decides by consensus not to establish a panel.
Major Issues Raised by the EC and Legal Basis of the Complaint
The USTR believes that these measures are inconsistent with the
obligations of Korea under several provisions of the WTO Agreements,
including Articles II, III, X, XI, and XVII of the GATT 1994, Articles
3, 4, 6 and 7 of the Agreement on Agriculture, Articles 1 and 3 of the
Agreement on Import Licensing Procedures.
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 to Sandy McKinzy at the address
provided above. 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 commentator.
Confidential business information must be clearly marked ``BUSINESS
CONFIDENTIAL'' in a contrasting color ink at the top of each page of
each copy.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by the USTR to be
confidential in accordance with section 135(g)(2) of the Trade Act of
1974 (19 U.S.C. 2155(g)(2)). If the submitting persons believes that
information or advice may qualify as such, the submitting person--
(1) Must so designate the 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)), the
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, N.W.,
Washington, D.C. 20508. The public file will include a listing of any
comments received by the USTR from the public with respect to the
proceeding; the U.S. submissions to the panel in the proceeding, the
[[Page 27848]]
submissions, or non-confidential summaries of submissions, to the panel
received from other parties 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/
DS-161, Korea--Measures Affecting Imports of Fresh, Chilled, and Frozen
Beef Dispute) 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. 99-12906 Filed 5-20-99; 8:45 am]
BILLING CODE 3190-01-M
