[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26311]


[[Page Unknown]]

[Federal Register: October 24, 1994]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-94]

 

Initiation of Section 302 Investigation Concerning European 
Community Banana Import Regime and Request for Public Comment

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of initiation of an investigation pursuant to section 
302(a) of the Trade Act of 1974, as amended (Trade Act); request for 
public comment.

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SUMMARY: The United States Trade Representative (USTR) has initiated an 
investigation under Section 302(a) of the Trade Act, 19 U.S.C. 2412(a), 
concerning the European Union's practices with respect to the 
importation of bananas. USTR invites public comment concerning the 
matter under investigation.

DATES: This investigation was initiated on October 17, 1994. Written 
comments from the public are due on or before November 17, 1994.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street NW., Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT:
Edward Kaska, Director for European Services and Agriculture, (202) 
395-3320; or Irving Williamson, Deputy General Counsel, (202) 395-3432.

SUPPLEMENTARY INFORMATION: On September 2, 1994 Chiquita Brands 
International, Inc. and the Hawaii Banana Industry Association filed a 
petition pursuant to section 302(a) of the Trade Act alleging that 
various policies and practices of the European Union (EU), Colombia, 
Costa Rica, Nicaragua and Venezuela concerning trade in bananas are 
discriminatory, unreasonable and burden or restrict United States 
commerce. In particular, the petition alleges that the following acts, 
policies and practices are discriminatory and unreasonable: (1) Council 
Regulation (EEC) No. 404/93 and related rules implementing a Community 
banana policy discriminating against U.S. banana marketing companies 
importing bananas from Latin America, including a restrictive and 
discriminatory licensing scheme designed to transfer market share to 
firms traditionally trading bananas from African, Caribbean and Pacific 
(ACP) sources and from EU overseas territories and dependencies; and 
(2) the March 29, 1994 Framework Agreement on Bananas between the EU 
and Colombia, Costa Rica, Nicaragua and Venezuela (Framework 
Agreement).
    Copies of the public version of the petition are available for 
public inspection in the USTR Reading Room: Room 101, Office of the 
United States Trade Representative, 600 17th Street NW., Washington, DC 
20506. An appointment to review the docket (Docket No. 301-94) 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.

Investigation and Consultations

    On October 17, 1994, pursuant to section 302(a) of the Trade Act, 
the USTR initiated an investigation of the EU practices referred to in 
the petition. The investigation will be conducted in accordance with 
the regulations set forth in 15 CFR Sec. 2006.
    On October 17, 1994, the USTR also requested consultations with the 
European Union, as required by section 303(a) of the Trade Act. In 
preparing for such consultations, USTR will seek information and advice 
from the petitioner and the appropriate committees established pursuant 
to section 135 of the Trade Act, as provided in section 303(a)(3) of 
that Act.
    The petition also requested initiation of an investigation 
concerning policies and practices of Colombia, Costa Rica, Nicaragua 
and Venezuela under the Framework Agreement. The USTR has carefully 
reviewed the material supplied by the petitioners on the Framework 
Agreement. While the Framework Agreement appears to provide for the 
implementation of discriminatory measures by Colombia, Costa Rica, 
Nicaragua and Venezuela, and the implementation of such discriminatory 
measures would clearly warrant investigation under section 302, the 
USTR has decided not to initiate an investigation under section 302 at 
this time because these measures have yet to be implemented. The USTR 
has called upon these governments to withdraw from the Framework 
Agreement before its implementation, and to seek reform of the EU's 
banana policy in a manner consistent with the EU's obligations under 
the GATT and the Agreement Establishing the World Trade Organization. 
If any of these governments implement the Framework Agreement or take 
alternative steps that appear to be unreasonable, unjustifiable or 
discriminatory against U.S. companies, the Trade Representative will 
expeditiously initiate an investigation of the practices concerned 
under section 302(b) of the Trade Act (19 U.S.C. 2412(b)).

Public Comment

    Interested persons are invited to submit written comments 
concerning the issues raised in the petition and any other submissions 
to USTR in this investigation. Comments must be filed in accordance 
with the requirements set forth in 15 CFR 2006.8(b) (55 FR 20593) and 
must be filed by November 17, 1994. Comments must be in English and 
provided in twenty copies to: Chairman, Section 301 Committee, Room 
223, USTR, 600 17th Street, NW, Washington, DC 20506.
    Comments will be placed in a file (Docket 301-94) 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.
Irving Williamson,
Chairman, Section 301 Committee.
[FR Doc. 94-26311 Filed 10-21-94; 8:45 am]
BILLING CODE 3190-01-M