[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