[Federal Register Volume 60, Number 192 (Wednesday, October 4, 1995)]
[Notices]
[Pages 52026-52027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24677]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-94 and 301-100]


Termination of Investigation; Initiation of New Investigation and 
Request for Public Comment: European Union Banana Regime

AGENCY: Office of the United States Trade Representative.


[[Page 52027]]

ACTION: Notice of termination and initiation, request for comment.

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SUMMARY: The United States Trade Representative (USTR) has terminated 
an investigation under section 302(a) of the Trade Act of 1974, (Trade 
Act) concerning the European Union's (EU) practices with respect to the 
importation of bananas. Pursuant to section 302(b)(1) of the Trade Act, 
the USTR has initiated a second investigation concerning the EU's acts, 
policies and practices relating to the importation, sale and 
distribution of bananas and, pursuant to section 303(a) of the Trade 
Act, has requested consultations with the EU pursuant to the World 
Trade Organization's (WTO) Understanding on Rules and Procedures 
Concerning the Settlement of Disputes (DSU). USTR invites public 
comment concerning the matter under investigation.

DATES: Investigation 301-94 was terminated on September 27, 1995, and 
investigation 301-100 was initiated on September 27, 1995. Written 
comments from the public are due on or before November 1, 1995.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:
Edward Kaska, Director for European Services and Agriculture, (202) 
395-4620; or Rachel Shub, Assistant General Counsel, (202) 395-7305.

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 (19 U.S.C. 
2412(a)) alleging that various policies and practices of the EU, 
Colombia, Costa Rica, Nicaragua and Venezuela concerning trade in 
bananas are discriminatory, unreasonable and burden or restrict United 
States commerce. On October 17, 1994, pursuant to section 302(a) of the 
Trade Act, the USTR initiated an investigation of the following 
practices of the EU: (1) Council Regulation (EEC) No. 404/93 and 
related rules implementing a EU 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 trade bananas from Africa, 
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.
    Upon initiation and again in January of 1995, the USTR requested 
public comment on the issues raised in the petition, the actionability 
under section 301 of the EU practices under investigation and what 
action would be appropriate under subsections (a) or (b) of section 301 
of the Trade Act (19 U.S.C. 2411 (a) or (b)) if the practices were 
determined to be actionable. (See 59 FR 53495 of October 24, 1994, and 
60 FR 3285 of January 13, 1995.) Numerous comments were received in 
response to both requests (Docket No. 301-94).
    Since initiation of investigation 301-94, the USTR has conducted 
numerous consultations and bilateral discussions with the EU concerning 
the issues in the petition. These efforts have failed to bring about 
reform of the EU practices.
    On the basis of the consultations with the EU, the comments 
received and consultations with the petitioner and with the relevant 
private sector advisory committees established pursuant to section 135 
of the Trade Act, the USTR decided that issues raised in the 
investigation involve agreements annexed to the Agreement Establishing 
the WTO, including the General Agreement on Tariffs and Trade, the 
Agreement on Import Licensing Procedures and the General Agreement on 
Trade in Services, and should most appropriately be addressed by resort 
to the procedures of the DSU. In light of the foregoing and the consent 
of the petitioners, the USTR on September 27 terminated the section 301 
investigation of the EU banana regime initiated on October 17, 1994 
(Docket No. 301-94) and, based on information obtained in the prior 
investigation, decided to initiate a second investigation of the EU's 
regime for the importation, sale and distribution of bananas (Docket 
No. 301-100).

Investigation and Consultations

    On September 27, 1995, pursuant to section 302(b)(1) of the Trade 
Act (19 U.S.C. 2412(b)(1)), the USTR initiated an investigation of the 
acts, policies and practices of the EU concerning the importation, sale 
and distribution of bananas. The investigation will be conducted in 
accordance with the regulations set forth in 15 CFR part 2006. Pursuant 
to section 304 of the Trade Act (19 U.S.C. 2414), the USTR will be 
required to make a determination on actionability under section 301 in 
this investigation by no later than 30 days after the conclusion of WTO 
dispute settlement procedures or March 27, 1997, whichever is earlier.
    On September 27, 1995, the USTR also requested consultations with 
the EU, as required by section 303(a) of the Trade Act. These 
consultations were requested in accordance with DSU procedures. In 
preparing for such consultations, USTR will seek information and advice 
from the appropriate committees established pursuant to section 135 of 
the Trade Act, as provided in section 303(a)(3) of that Act.

Public Comment

    Interested persons are invited to submit written comments 
concerning the acts, policies and practices of the EU which 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 must be filed no later than 12 noon, 
Wednesday, November 1, 1995. Comments must be in English and provided 
in twenty copies to: Sybia Harrison, Staff Assistant to the Section 301 
Committee, Room 223, Office of the U.S. Trade Representative, 600 17th 
Street, NW, Washington, DC 20508.
    Comments will be placed in a file (Docket 301-100) 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. An appointment to review the docket 
(Docket No. 301-100) 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.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 95-24677 Filed 10-3-95; 8:45 am]
BILLING CODE 3190-01-M