[Federal Register Volume 61, Number 53 (Monday, March 18, 1996)]
[Notices]
[Page 11067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6367]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-102]
Initiation of Section 302 Investigation and Request for Public
Comment: Canadian Practices Affecting Periodicals
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of initiation of investigation; request for written
comments.
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SUMMARY: The United States Trade Representative (USTR) has initiated an
investigation under section 302(b)(1) of the Trade Act of 1974, as
amended (the Trade Act) (19 U.S.C. 2412(b)(1)), with respect to certain
acts, policies and practices of the Government of Canada that restrict
or prohibit imports of certain periodicals into Canada and apply
discriminatory treatment to certain imported periodicals. USTR invites
written comments from the public on the matters being investigated.
DATES: This investigation was initiated on March 11, 1996. Written
comments from the public are due on or before noon on April 12, 1996.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street NW., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT:
Claude Burcky, Director for Canadian Affairs, (202) 395-3412, or James
Southwick, Assistant General Counsel, (202) 395-7203.
SUPPLEMENTARY INFORMATION: Section 302(b)(1)) 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, the denial of rights of the United States under a
trade agreement, or acts, policies, and practices of a foreign country
that violate or are inconsistent with the provisions of, or otherwise
deny benefits to the United States under, any trade agreement.
On March 11, 1996, having consulted with the appropriate private
sector advisory committees, the USTR determined that an investigation
should be initiated to determine whether certain laws and regulations
of Canada affecting periodicals are actionable under section 301(a).
The measures in question prohibit or restrict the importation into
Canada of so-called ``split-run'' periodicals, provide for
discriminatory tax treatment of split-run periodicals and apply
favorable postage rates to Canadian periodicals.
Investigation and Consultations
As required in section 303(a) of the Trade Act, the USTR has
requested consultations with the Government of Canada regarding the
issues under investigation. The request is pursuant to Article XXIII of
the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article
4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU) (which applies to dispute settlement under GATT 1994
and other agreements under the World Trade Organization (WTO)). If the
consultations do not result in a satisfactory resolution of the matter,
the USTR will request the establishment of a panel pursuant to Article
6 of the DSU.
Under section 304 of the Trade Act, the USTR must determine within
18 months after the date on which this investigation was initiated, or
within 30 days after the conclusion of WTO dispute settlement
procedures, whichever is earlier, whether any act, policy, or practice
or denial of trade agreement rights described in section 301 of the
Trade Act exists and, if that determination is affirmative, the USTR
must determine 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
concerning the acts, policies and practices of Canada 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 on or before noon on April
12, 1996. 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 301-102) 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
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. 301-102) may be made by calling Brenda Webb (202) 395-6186.
The USTR Reading Room is open to the public from 10:00 a.m. to 12 noon
and 1:00 p.m. to 4:00 p.m., Monday through Friday, and is located in
Room 101.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 96-6367 Filed 3-15-96; 8:45 am]
BILLING CODE 3190-01-M