[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Notices]
[Pages 3283-3284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-937]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-96]


Initiation of Section 302 Investigation Regarding Policies and 
Practices of the Government of Colombia Concerning the Exportation of 
Bananas to the European Union; Request for Public Comment

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of determination regarding initiation of investigation 
under section 302(b)(1)(A) of the Trade Act of 1974, as amended (19 
U.S.C. 2412 (b)(1)(A)); request for written comments.

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SUMMARY: The United States Trade Representative (USTR) has initiated an 
investigation under section 302(b)(1)(A) of the Trade Act of 1974, as 
amended (the Trade Act), with respect to certain acts, policies and 
practices of the Government of Colombia affecting U.S. companies that 
export bananas from Colombia to the European Union. USTR invites 
written comments from the public on the matters being investigated.

DATES: This investigation was initiated on January 9, 1995. Written 
comments from the public are due on or before 12 noon, on Friday, 
February 10, 1995.

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: Section 302(b)(1)(A) of the Trade Act 
authorizes the USTR to initiate an investigation under chapter 1 of 
Title III of the Trade Act (commonly referred to as ``Section 301''), 
with respect to any matter in order to determine whether the matter is 
actionable under section 301. Matters actionable under section 301 
include, inter alia, acts, policies, and practices of a foreign country 
that are unreasonable or discriminatory and burden or restrict U.S. 
commerce.
    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 alleged 
that the March 29, 1994 Framework Agreement on Bananas between the EU 
and Colombia, Costa Rica, Nicaragua and Venezuela (Framework Agreement) 
aggravated the harm caused by the EU banana import regime and provided 
for the implementation of discriminatory measures against the U.S. 
banana companies.
    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, but decided not to initiate an investigation of the 
practices of Colombia, Costa Rica, Nicaragua and Venezuela because they 
had not yet implemented the Framework Agreement. The USTR 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.
    On December 1, 1994, the Government of Colombia issued Decree 2655, 
which governs banana exports from Colombia to the EU from January 1, 
1995 through March 31, 1995 and implements the Framework Agreement.
    Accordingly, on January 9, 1995, the USTR determined that an 
investigation should be initiated under section 302(b)(1)(A) of the 
Trade Act to determine whether, as a result of Colombia's 
implementation of the Framework Agreement, the policies and practices 
of Colombia regarding the exportation of bananas to the EU are 
unreasonable and discriminatory and burden or restrict U.S. commerce. 
On January 9, 1995, the USTR also initiated such an investigation 
regarding these policies and practices.

Investigation and Consultations

    Pursuant to section 303(a) of the Trade Act, the USTR has requested 
consultations with the Government of Colombia concerning the issues 
under investigation. UUTR will seek information and advice from the 
appropriate committees established pursuant to section 135 of the Trade 
Act in preparing the U.S. presentations for such consultations.
    Within 12 months after the date on which this investigation was 
initiated (i.e., on or before January 9, 1996), pursuant to section 304 
of the Trade Act the USTR must determine, 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, determine [[Page 3284]] what action, if 
any, to take under section 301 of the Trade Act.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments on the 
acts, policies, and practices of the Government of Colombia that are 
the subject of this investigation, the amount of burden or restriction 
on U.S. commerce caused by these acts, policies and practices, and the 
determinations required under section 304 of the Trade Act.
    Comments must be filed in accordance with the requirements set 
forth in 15 CFR 2006.8(b) (55 FR 20593) and are due no later than 12 
noon, Friday, February 10, 1995. Comments must be in English and 
provided in twenty copies to: Sybia Harrison, Office of the General 
Counsel, Room 223, USTR, 600 17th Street, NW., Washington, DC 20506.
    Comments will be placed in a file (Docket 301-96) open to public 
inspection in the USTR Reading Room 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 
will be placed in the file that is open to public inspection. An 
appointment to review the docket 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, and is 
located in: room 101, Office of the United States Trade Representative, 
600 17th Street NW., Washington, DC 20506.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 95-937 Filed 1-12-95; 8:45 am]
BILLING CODE 3190-01-M