[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29353]


[[Page Unknown]]

[Federal Register: November 29, 1994]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-95]

 

Initiation of Section 302 Investigation and Request for Public 
Comment; Korean Agricultural Market Access Restrictions

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of the initiation of an investigation under section 
302(a) of the Trade Act of 1974 (Trade Act); request for written public 
comment.

-----------------------------------------------------------------------

SUMMARY: Pursuant to section 302(a) of the Trade Act, the United States 
Trade Representative (USTR) has initiated an investigation of Korean 
practices with respect to the importation of certain U.S. agricultural 
products. USTR invites written comments on the matter being 
investigated.

EFFECTIVE DATE: This investigation was initiated on November 22, 1994. 
Written comments from interested persons are due on or before noon, 
January 6, 1995.

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

FOR FURTHER INFORMATION CONTACT: Peter Collins, Deputy Assistant USTR 
for Asia and the Pacific (202) 395-6813, Elizabeth Haines, Senior 
Economist--Office of Agricultural Affairs (202) 395-3077, or Thomas 
Robertson, Assistant General Counsel (202) 395-6800, 600 17th Street, 
N.W., Washington, D.C. 20506.

SUPPLEMENTARY INFORMATION: On November 18, 1994, the National Pork 
Producers Council, the American Meat Institute, and the National 
Cattlemen's Association (petitioners) filed a petition under section 
302(a) of the Trade Act (19 U.S.C. 2412(a)), alleging that certain 
practices of the Government of Korea regarding the importation of U.S. 
beef and pork products violate three U.S.-Korea bilateral trade 
agreements (Agreements) and are unreasonable and burden or restrict 
U.S. commerce. A similar petition had been filed on September 30, 1994, 
but was withdrawn on November 11, 1994. The Agreements at issue include 
the 1989 exchange of letters on agricultural products, the 1990 record 
of understanding on beef, and the 1993 record of understanding on 
market access for beef.
    The Petitioners assert in particular that the Korean Government has 
established a number of specific barriers which deny their products 
access to the Korean market in violation of the Agreements or in a 
manner that is otherwise unreasonable. The alleged barriers include: 
Outdated, scientifically unsupported and discriminatory shelf-life 
standards; excessively long inspection procedures; contract tender 
procedures that prevent U.S. producers from meaningfully participating 
in the bidding process; local processing and repackaging requirements; 
discriminatory fixed-weight requirements; dual standards for residue 
testing; and short pork temperature reduction requirements.
    A copy of the petition is available for public inspection in the 
USTR Reading Room: Room 101, Office of the U.S. Trade Representative, 
600 17th Street, N.W., Washington, DC 20506. An appointment to review 
the docket (Docket No. 301-95) 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 November 22, 1994, pursuant to section 302(a) of the Trade Act 
the USTR initiated an investigation of the practices referred to in the 
petition. The investigation will be conducted in accordance with the 
regulations set forth in 15 CFR 2006.
    On November 22, 1994, the USTR also requested consultations with 
the Korean government as required by section 303(a) of the Trade Act. 
USTR will seek information and advice from petitioners and the 
appropriate committees established pursuant to section 135 of the Trade 
Act when preparing the U.S. presentations in such consultations.
    Pursuant to section 304 of the Trade Act, the USTR must determine 
on or before November 22, 1995, on the basis of the investigation and 
the consultations, whether any act, policy or practice described in 
section 301 of the Trade Act exists and, if that determination is 
affirmative, decide what action, if any, to take under the Trade Act.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments on the 
acts, policies or practices of the Korean government that are the 
subject of this investigation, the amount of burden or restriction on 
U.S. commerce caused by these acts, policies or practices, and the 
determinations identified under section 304 of the Trade Act.
    Comments must be filed in accordance with the requirements set 
forth in 15 CFR 2006.8(b) and are due no later than 12 noon, Friday, 
January 6, 1995. Comments must be in English and provided in twenty 
copies to: Chairman, Section 301 Committee, Room 223, USTR, 600 17th 
St., N.W., Washington, D.C. 20506.
    Comments will be placed in a file (Docket 301-95) 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 the twenty 
copies, and must be accompanied by a nonconfidential summary of the 
confidential information. The nonconfidential summary will be placed in 
the Docket open to public inspection.
Ira Shapiro,
General Counsel.
[FR Doc. 94-29353 Filed 11-28-94; 8:45 am]
BILLING CODE 3190-01-M