[Federal Register Volume 61, Number 117 (Monday, June 17, 1996)]
[Notices]
[Pages 30646-30647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15306]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-106]
Initiation of Section 302 Investigation and Request for Public
Comment: Practices of the Government of Turkey Regarding the Imposition
of a Discriminatory Tax on Box Office Revenues
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 Turkey that may
result in the discriminatory treatment of U.S. films in Turkey. The
United States alleges that these acts, policies and practices are
inconsistent with the General Agreement on Tariffs and Trade 1994 (GATT
1994), administered by the World Trade Organization (WTO). USTR invites
written comments from the public on the matters being investigated.
DATES: This investigation was initiated on June 12, 1996. Written
comments from the public are due on or before noon on Monday, July 22,
1996.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT:
Joseph Papovich, Deputy Assistant USTR for Intellectual Property, (202)
395-6864, or Thomas Robertson, Associate General Counsel, (202) 395-
6800.
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 June 12, 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 Turkey affecting the taxation of box office revenues generated from
the showing of foreign-origin films are actionable under section
301(a). Turkey's Law on Municipal Revenues (Law No. 2464) imposes a 25%
municipality tax on box office revenues generated from the showing of
foreign films, but not the revenue generated from the showing of
domestic films. Current information is that the revenues are allocated
to municipal coffers for general use.
[[Page 30647]]
Article III of the GATT 1994 provides, among other things, that the
products of the territory of one WTO member imported into the territory
of another WTO member shall not be subject to internal taxes or other
charges of any kind in excess of those applied, directly or indirectly,
to like domestic products. WTO members are also prohibited from
applying internal taxes or internal charges to imported or domestic
products so as to afford protection to domestic production. Turkey's
imposition of a tax on box office revenues that is applied only to
revenues generated by foreign films, and not to revenues generated by
domestic films, would appear to be inconsistent with the obligations
set forth in Article III of the GATT 1994.
Investigation and Consultations
As required in section 303(a) of the Trade Act, the USTR has
requested consultations with the Government of Turkey regarding the
issues under investigation. The request was made pursuant to Article 4
of the WTO Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) and Article XXII of the GATT 1994. 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 Turkey 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 Monday,
July 22, 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, D.C. 20508.
Comment will be placed in a file (Docket 301-106) 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. 301-106) 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. 96-15306 Filed 6-14-96; 8:45 am]
BILLING CODE 3190-01-M