[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Notices]
[Pages 13491-13492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6055]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Public Hearings on Establishment of a Tariff-Rate Quota on 
Imported Tobacco

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of public hearings.

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SUMMARY: Pursuant to section 125(f) of the Trade Act of 1974, the 
Office of the United States Trade Representative has scheduled a public 
hearing on the potential establishment of a tariff-rate quota on 
certain imported tobaccos.

DATES: The public hearing will be held on Tuesday, April 4, 1995.

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
public hearings and/or public comments, contact Carolyn Frank, 
Executive Secretary, Trade Policy Staff Committee (TPSC) (202-395-
9557). All other questions should be directed to Thomas Hushek, Senior 
Economist for Agricultural Affairs (202-395-6127).

SUPPLEMENTARY INFORMATION: On June 28, 1994, the United States notified 
the Secretariat of the General Agreement on Tariffs and Trade 1947 
(GATT 1947) of its proposal to modify certain concessions with respect 
to tobacco, in accordance with the provisions and procedures of Article 
XXVIII, paragraph 5 of the GATT 1947. (This notification was provided 
again on February 27, 1995 to the Secretariat of the World Trade 
Organization, in accordance with Article XXVIII of the GATT 1994). In 
July 1994, the United States entered into negotiations and 
consultations pursuant to Article XXVIII with qualifying GATT 
contracting parties (initial negotiating rights holders and principal 
and substantial suppliers).
    Pursuant to Article XXVIII, the United States proposes to establish 
a tariff-rate quota on nine current tariff categories of the Harmonized 
Tariff Schedule of the United States (HTSUS) (2401.10.60, 2401.20.30, 
2401.20.80, 2401.30.30, 2401.30.60, 2401.30.90, 2403.10.00, 2403.91.40, 
and 2403.99.00) to cover flue-cured, burley and other light air-cured 
tobaccos that are imported to be used in the manufacture of cigarettes 
for domestic consumption. The in-quota tariff rates would be equal to 
the Uruguay Round concession rates. The over-quota tariff rates would 
be as high as 350 percent ad valorem.
    Other tobaccos, including oriental and cigar type tobaccos, would 
not be subject to the quantitative limitations of the tariff-rate 
quota. Imported flue-cured, burley and other light air-cured tobaccos 
used to manufacture products other than cigarettes would also not be 
subject to the tariff-rate quota.
    Imported flue-cured, burley and other light air-cured tobaccos used 
to manufacture exported cigarettes would be eligible for manufacturing 
duty-drawback on an identity-preserved basis. Under section 422 of the 
Uruguay Round Agreements Act, upon proclamation of the tariff-rate 
quota, section 1106(a) of the Omnibus Budget and Reconciliation Act of 
1993 (7 U.S.C. 1314i), which concerns domestic marketing assessments 
for imported tobacco, would not be in effect for any calendar year 
other than 1994.
    Section 125(c) of the Trade Act of 1974 (19 U.S.C. 2135) provides 
that whenever the United States, acting in pursuance of any of its 
rights or obligations under any trade agreement entered into pursuant 
to that Act, section 350 of the Tariff Act 1930 or section 201 of the 
Trade Expansion Act of 1962, withdraws or modifies any obligation with 
respect to the trade of any foreign country or instrumentality, the 
President is authorized to proclaim increased duties or other import 
restrictions, for such periods as he deems necessary or appropriate, in 
order to exercise the rights or fulfill the obligations of the United 
States. As amended by section 421 of the Uruguay Round Agreements Act, 
section 125(c) authorizes the President to proclaim increased duties on 
the nine tariff categories of tobacco of up to 350% above the rates 
existing on January 1, 1975.
    Before taking any action under section 125 to increase duties, the 
President is required by section 125(f) to provide for public hearings 
at which time interested [[Page 13492]] persons will be given a 
reasonable opportunity to be present, to produce evidence and to be 
heard.

NOTICE OF PUBLIC HEARINGS: Pursuant to section 125(f) of the Trade Act 
of 1974 (19 U.S.C. 2135), the Trade Policy Staff Committee (TPSC), 
chaired by the Office of the United States Trade Representative, has 
scheduled a public hearing beginning at 10:00 a.m., on Tuesday, April 
4, 1995, at the White House Conference Center, 726 Jackson Place, 
Washington, DC.

REQUESTS TO PRESENT ORAL TESTIMONY: Parties wishing to testify orally 
at the hearings must provide written notification of their intention by 
noon, March 24, 1995 to Carolyn Frank, Executive Secretary, Trade 
Policy Staff Committee, Office of the United States Trade 
Representative, Room 501, 600 17th Street N.W., Washington, D.C. The 
notification should include (1) the name of the person presenting the 
testimony, their address and telephone number; (2) the organization or 
company they are representing, if appropriate; and (3) a brief summary 
of their presentation, including the product(s), with HTSUS numbers. 
Those parties presenting oral testimony must also submit a written 
brief, in 20 copies by noon, March 24, 1995. Remarks at the hearing 
should be limited to no more than five minutes to allow for possible 
questions from the Chairman and the interagency panel. Participants 
should provide 30 typed copies of their oral statement at the time of 
the hearings. Any confidential material must be clearly marked as such 
on the cover page (or letter) and succeeding pages. Such submissions 
must be accompanied by a nonconfidential summary thereof.

WRITTEN BRIEFS: Those persons not wishing to participate in the hearing 
may submit written comments, in twenty typed copies, no later than 
noon, March 29, 1995 to Carolyn Frank, Executive Secretary, Trade 
Policy Staff Committee, Office of the United States Trade 
Representative, Room 501, 600 17th Street, N.W., Washington, D.C. 
Comments should state clearly the position taken and describe with 
particularity the evidence supporting that position. Any business 
confidential material must be clearly marked as such on the cover page 
(or letter) and succeeding pages. Such submissions must be accompanied 
by a nonconfidential summary thereof.
    Nonconfidential submissions will be available for public inspection 
at the USTR Reading Room. An appointment to review the file may be made 
by calling Brenda Webb (202-395-6186).
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
[FR Doc. 95-6055 Filed 3-10-95; 8:45 am]
BILLING CODE 3190-01-M