[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Notices]
[Pages 42925-42926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20440]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-95]


Termination of Investigation: Korean Agricultural Market Access 
Restrictions

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: The United States Trade Representative (USTR) has terminated 
an investigation initiated under section 302(a) of the Trade Act of 
1974 (Trade Act) of Korean practices with respect to the importation of 
certain U.S. agricultural products, after having reached a satisfactory 
agreement resolving the issues under investigation, and will monitor 
Korea's implementation of this agreement in accordance with section 306 
of the Trade Act.

EFFECTIVE DATE: This investigation was terminated effective July 20, 
1995.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street, N.W., Washington, D.C. 20508.

FOR FURTHER INFORMATION CONTACT:
Christina Lund, Deputy Assistant USTR for Asia and the Pacific (202) 
395-6813, or Thomas Robertson, Assistant General Counsel (202) 395-
6800.

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 U.S.-Korean bilateral trade agreements 
and are unreasonable and burden or restrict United States commerce. The 
Petitioners asserted in particular that the Korean government had 
established a number of specific barriers which denied their products 
access to the Korean market. The alleged barriers included the 
following: outdated, scientifically unsupported and discriminatory 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 unreasonably short pork temperature reduction 
requirements.
    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 and requested consultations with the Korean government as 
required by section 303(a) of the Trade Act (19 U.S.C. 2413(a)). See 59 
FR 61006 (November 29, 1994). On May 3, 1995, the United States 
requested consultations under Article XXII of the General Agreement on 
Tariffs and Trade 1994, Article 11 of the Agreement on the Application 
of Sanitary and Phytosanitary Measures, Article 14 of the Agreement on 
Technical Barriers to Trade, Article 19 of the Agreement on 
Agriculture, and Article 4 of the Understanding on Rules 

[[Page 42926]]
and Procedures Governing the Settlement of Disputes.
    On July 20, 1995, after extensive negotiations, the United States 
and Korea reached agreement on measures to open the Korean market to 
U.S. meat and other food products. Specifically, Korea agreed to phase-
out its current system of establishing shelf-life standards and to 
replace it with a system in which manufacturers will set their own 
``use-by'' dates. For chilled, vacuum-packed pork and beef and all 
frozen food (including frozen beef, pork and poultry), Korea's new 
manufacturer-determined shelf life system will come into effect on July 
1, 1996. From October 1, 1995, until July 1, 1996, these products will 
be subject to specific government-mandated shelf-life dates that will 
allow trade to take place until the new system takes effect. All dried, 
packaged, canned or bottled products will be subject to the new system 
as of October 1, 1995. In addition, Korea has agreed to ensure that any 
maximum residue level for imported excretory organ meats is consistent 
with international standards established by the CODEX Alimentarius 
Commission; to notify the Harmonized Tariff System tariff heading or 
subheading for each item subject to a government-mandated shelf life on 
or after October 1, 1995; to extend the maximum chilling period for 
pork from 24 to 48 hours; and to provide at least seven days advance 
notice prior to offering a tender for the purchase of pork, and a 
period of at least 30 days for arrival of a product to fulfill the 
contract.
    On the basis of this agreement the USTR has decided to terminate 
this investigation. The USTR will monitor Korea's implementation of the 
agreement pursuant to section 306 of the Trade Act (19 U.S.C. 2416).
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 95-20440 Filed 8-16-95; 8:45 am]
BILLING CODE 3190-01-M