[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Notices]
[Pages 18450-18451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10168]



=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-100 and WTO/D-4]


WTO Dispute Settlement Proceedings Concerning the European 
Communities' Banana Regime

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: Pursuant to section 127(b)(1) of the Uruguay Round Agreements 
Act (URAA) (19 U.S.C. 3537(b)(1)), the Office of the United States 
Trade Representative (USTR) is providing notice that the United States 
has requested the establishment of a dispute settlement panel under the 
Agreement Establishing the World Trade Organization (WTO) to examine 
the regime of the European Communities (EC) for the importation, sale 
and distribution of bananas. USTR invites written comments from the 
public concerning the issues raised in the dispute.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before May 16, 1996. In order to be assured of timely 
consideration by USTR in preparing its first written submission to the 
panel.

ADDRESSES: Comments may be submitted to the Office of the General 
Counsel, Attn: EC Bananas, Room 223, Office of the U.S. Trade 
Representative, 600 17th Street, N.W., Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Rachel Shub, Assistant General 
Counsel, Office of the General Counsel, Office of the U.S. Trade 
Representative, 600 17th Street, N.W., Washington, DC 20508, (202) 395-
7305.

SUPPLEMENTARY INFORMATION: On September 27, 1995, the USTR initiated an 
investigation under Section 302(b) of the Trade Act of 1974 (19 U.S.C. 
2412(b)) of the EC's regime for the importation, sale and distribution 
of bananas (Docket No. 301-100) (60 FR 52026; October 4, 1995). This 
investigation specifically concerns EC Council Regulation No. 404/93 
and related measures discriminating against U.S. marketing companies 
importing bananas from Latin America, including a restrictive and 
discriminatory licensing scheme designed to transfer market share to 
and from U.S. banana marketing firms to firms traditionally trading 
bananas from African, Caribbean and Pacific sources and from EC 
territories and dependencies.
     Two rounds of WTO consultations with the EC did not result in a 
resolution of the dispute. Accordingly, on April 11,1 1996, the United 
States, jointly with the governments of Ecuador, Guatemala, Honduras 
and Mexico, requested the establishment of a WTO dispute settlement 
panel to review the EC banana regime. Acting jointly and severally, the 
United States and the other complaining countries have asked that panel 
review EC Regulation 404/93 and subsequent EC measures implementing the 
banana regime (including those reflecting the 1994 Framework Agreement 
on Bananas between the EC and Colombia, Costa Rica, Nicaragua and 
Venezuela), and find that they are inconsistent with the following 
agreements and provisions, among others: (1) Articles I, II, III, X, XI 
and XIII of the General Agreement on Tariffs and Trade, (2) Articles 1 
and 3 of the Agreement on Importing Licensing Procedures, (3) the 
Agreement on Agriculture, (4) Articles II, XVI and XVII of the General 
Agreement on Tradein in Services, and (5) Article 2 of the Agreement of 
Trade-Related Investment Measures.
    Members of the panel will be selected after the panel is 
established by the WTO. The panel is expected to meet as necessary at 
the WTO headquarters in Geneva, Switzerland to examine the dispute. 
Under normal circumstances, the panel would be expected to issue a 
report detailing its findings and recommendations six to nine months 
after it is established.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. The provisions of 15 CFR 
Secs. 2006.13(a) and (c) (providing that comments received will be open 
to public inspection) and

[[Page 18451]]

2006.15 will apply to comments received. Comments must be in English 
and provided in fifteen copies. Pursuant to 15 CFR Sec. 2006.15, 
confidential business information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' in a contrasting color ink at the top of each page.
    Pursuant to section 127(e) of the URAA, USTR will maintain a public 
file on this dispute settlement proceeding, which will include a list 
of comments received, in the USTR Reading Room: Room 101, Office of the 
Untied States Trade Representative, 600 17th Street, N.W., Washington 
DC 20508. An appointment to review the docket (Docket WTO/D-3, ``United 
States--EC: EC Banana Regime''), 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.
Jennifer Hillman,
General Counsel.
[FR Doc. 96-10168 Filed 4-24-96; 8:45 am]
BILLING CODE 3190-01-M