[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)] [Notices] [Pages 33149-33150] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-16283] ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE WTO Dispute Settlement Proceeding Concerning European Ban on the Import of Meat From Animals Treated With Certain Hormones 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 a dispute settlement panel convened under the Agreement Establishing the World Trade Organization (WTO) at the request of the United States will examine the European Communities' ban on the importation of meat from animals treated with certain hormones. USTR also 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 July 24, 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 Carolyn Frank, Executive Secretary, Trade Policy Staff Committee, Room 501, Attn: Hormone dispute, Office of the U.S. Trade Representative, 600 17th Street, N.W., Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Daniel Brinza, Senior Advisor and Special Counsel for Natural Resources, 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: At the United States' request, a WTO dispute settlement panel will examine whether the European Community (EC) Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action and related measures are consistent with the EC's obligations under the General Agreement on Tariffs and Trade (GATT) 1994, the Agreement on the Application of Sanitary and Phytosanitary Measures (S&P Agreement), the Agreement on Technical Barriers to Trade (TBT Agreement), and the Agreement on Agriculture. Australia, Canada, New Zealand, and Norway have reserved their rights to intervene in the panel proceedings as third parties. Members of the panel are currently being selected, and 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 in six to nine months. Major Issues Raised by the United States and Legal Basis of Complaint The EC's measures (which in addition to the Directive cited above include, but are not limited to, the Council Directive of March 7, 1988, (88/146/EEC); the directives referenced in that directive (72/ 462/EEC, 81/602/EEC, 81/851/EEC, 81/852/EEC, and 85/358/EEC) the decisions referred to in Article 6(2) of directive 88/146/EEC; the control program referred to in Article 6(7) of directive 88/146/EEC; the derogations referred to in Article 7 of directive 88/146/EEC; and any amendments or modifications) adversely affect imports of U.S. meat and meat products and have no legitimate basis. They appear to be inconsistent with the EC's obligations under the General Agreement on Tariffs and Trade 1994, the Agreement on the Application of Sanitary and Phytosanitary Measures, the Agreement on Technical Barriers to Trade, and the Agreement on Agriculture. The provisions of these agreements with which these measures appear to be inconsistent include, but are not limited to, the following: (1) General Agreement on Tariffs and Trade 1994, Article III or Article XI; (2) Agreement on the Application of Sanitary and Phytosanitary Measures, Articles 2, 3 and 5; (3) Agreement on Technical Barriers to Trade, Article 2; and (4) Agreement on Agriculture, Article 4. These measures also appear to nullify or impair the benefits accruing to the United States directly or indirectly under the cited agreements. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in the dispute. [[Page 33150]] Comments must be in English and provided in fifteen copies. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the commenter. Confidential business information must be clearly marked ``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top of each page of each copy. A person requesting that information or advice contained in a comment submitted by that person, other than business confidential information, be treated as confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155)-- (1) must so designate that information or advice; (2) must clearly mark the material as ``CONFIDENTIAL'' in a contrasting color ink at the top of each page of each copy; and (3) is encouraged to provide a non-confidential summary of the information or advice. Pursuant to section 127(e) of the URAA, USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, Room 101, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508. The public file will include a listing of any comments made to USTR from the public with respect to the proceeding; the U.S. submissions to the panel in the proceeding; the submissions, or non-confidential summaries of submissions, to the panel received from other participants in the dispute, as well as the report of the dispute settlement panel and, if applicable, the report of the Appellate Body. An appointment to review the public file (Docket WTO/D-6, ``U.S.-EC: Hormones Directive''), 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. 96-16283 Filed 6-25-96; 8:45 am] BILLING CODE 3190-01-M