[Federal Register Volume 64, Number 161 (Friday, August 20, 1999)]
[Notices]
[Pages 45581-45582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21720]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-164]
WTO Dispute Settlement Proceeding Regarding Argentina--Measures
Affecting Imports of Footwear
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 a 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 Argentina's modification of its safeguard measure affecting
imports of footwear. In this dispute, the United States alleges that
modification of the safeguard measure is inconsistent with Argentina's
obligations under the WTO Agreement on Safeguards. USTR invites written
comments from the public concerning the issues raised in this dispute.
DATES: Although USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted by September 30, 1999, to be assured of timely consideration
by 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:
Argentina Footwear Imports, Dispute, Office of the United States Trade
Representative, 600 17th Street, NW, Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: Marjorie Florestal, Assistant General
Counsel at (202) 395-3581 or Kellie Meiman, Director for Mercosur and
the Southern Cone at (202) 395-5190.
SUPPLEMENTARY INFORMATION: Pursuant to section 127(b)(1) of the Uruguay
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing
notice that on May 20, 1999, the United States submitted a request for
the establishment of a WTO dispute settlement panel to examine
Argentina's modification of its safeguard measure on imports of
footwear. The WTO Dispute Settlement Body established a panel for this
purpose on July 26, 1999.
Major Issues Raised and Legal Basis of the Complaint
In November 1998, Argentina adopted Resolution 1506, followed by
the issuance of Decision 837/98, dated December 4, 1998, which modified
Resolution 987/97 and imposed a tariff-rate quota (TRQ) on footwear
imports in addition to the high duty rates previously imposed.
Moreover, Resolution 1506 postpones any liberalization of the original
safeguard duty until February 25, 2000, and liberalizes the TRQ only
once during the life of the measure. Argentina has not notified this
measure to the Committee on Safeguards.
On March 1, 1999, the United States requested consultations with
Argentina with a view to reaching a mutually satisfactory resolution of
the matter. Consultations were held on March 24, 1999, in Geneva, but
did not lead to a satisfactory resolution.
Based upon information received to date, the United States
considers that Resolution 1506 and Decision 837/98 may be inconsistent
with the obligations of Argentina under the WTO Agreement on
Safeguards, in particular:
(1) Article 7.4, which mandates that safeguard measures over one
year in duration be progressively liberalized at regular intervals; and
(2) Article 12, which directs Members immediately to notify the
Committee on Safeguards of all safeguard actions and to provide
adequate opportunity for prior consultations with Members having
substantial export interest in the product concerned.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning
[[Page 45582]]
the issues raised in this 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 submitting
person. 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 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 person 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)), 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 USTR from the public with respect to the proceeding; U.S.
submissions to the panel in the proceeding; 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-164 ``Argentina--
Measures Affecting Imports of Footwear'' 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.
Kenneth P. Freiberg,
Deputy General Counsel.
[FR Doc. 99-21720 Filed 8-19-99; 8:45 am]
BILLING CODE 3190-01-P
