[Federal Register Volume 61, Number 138 (Wednesday, July 17, 1996)]
[Notices]
[Page 37309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18122]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-62]


Termination of Increased Duties on Certain Products of the 
European Community

AGENCY: Office of the United States Trade Representative.

ACTION: Terminiation of increased duties on certain products of the 
European Community.

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SUMMARY: Pursuant to authority delegated by the President to the United 
States Trade Representative in Proclamation No. 5759 of December 24, 
1987, the Acting U.S. Trade Representative (USTR) hereby terminates 
application of increased duties on imports of certain products of the 
European Community as proclaimed in Proclamation No. 5759 and as 
subsequently modified. (See 53 FR 53115; 54 FR 6630; 54 FR 31398; 54 FR 
50673; 55 FR 23076; and Proclamation 6763 of December 23, 1994 (60 FR 
1007)).

EFFECTIVE DATE: The termination of increased duties is effective with 
respect to articles entered, or withdrawn from warehouse for 
consumption on or after 12:01 a.m. July 15, 1996.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street, NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:
Len Condon, Deputy Assistant USTR for Agriculture (202) 395-9564 or 
Catherine Field, Senior Counsel for Multilateral Affairs (202) 395-
3432.

SUPPLEMENTARY INFORMATION: On December 24, 1987, the President 
determined, pursuant to section 301(a) of the Trade Act of 1974, as 
amended, (Trade Act), that the ``Council Directive Prohibiting the Use 
in Livestock Farming of Certain Substances Having a Hormonal Action'' 
(the Directive), adopted by the European Community (EC) is inconsistent 
with the provisions of, or otherwise denies benefits to the United 
States under, a trade agreement; or is unjustifiable or unreasonable 
and constitutes a burden or restriction on United States commerce. (52 
FR 49131). The President also determined, pursuant to subsections 301 
(a), (b), and (d)(1) of the Trade Act to increase duties on certain 
products of the EC.
    In his statement of reasons, the President noted that 
implementation of the Directive would prohibit imports into the EC of 
any meat produced from animals treated with growth hormones, thereby 
severely disrupting exports of U.S. meat to the EC. Such a prohibition 
is not supported by valid scientific evidence. The President concluded 
that, ``the United States considers that the imposition of import 
restrictions under the Directive constitutes a disguised restriction on 
international trade.'' (52 FR 49139).
    The President also cited U.S. efforts to resolve this dispute 
within the framework of the Agreement on Technical Barriers to Trade of 
the General Agreement on Tariffs and Trade (GATT 1947). He also noted 
that the EC had blocked these multilateral efforts to resolve the 
dispute and stated his expectations that the EC would allow appropriate 
dispute settlement procedures to proceed expeditiously. (52 FR 49140). 
In Proclamation No. 5759, the President suspended the application of 
the increased duties and authorized the USTR to ``suspend, modify, 
terminate, or terminate the suspension of the increased duties imposed 
by this Proclamation, upon publication in the Federal Register, of his 
determination that such action is in the interest of the United States. 
(52 FR 49131).
    The USTR subsequently determined to impose increased duties on 
certain products of the EC when the EC began implementing the Directive 
against imports from the United States and partially terminated 
suspension of the increased duties imposed by Proclamation No. 5759. 
(53 FR 53115). Between January 1989, when the increased duties were 
first imposed, and December 1994, when application of duties was 
extended to Austria, Finland, and Sweden when these countries became EC 
member states, application of the duties was modified five times.
    On May 20, 1996, based on a request from the United States, the 
Dispute Settlement Body (DSB) of the World Trade Organization (WTO) 
established a dispute settlement panel to examine whether the Directive 
is consistent with the EC and its member states obligations under 
various WTO Agreements. (61 FR 33149).
    As the United States not has effective multilateral procedures to 
address the matter of the EC's restrictions on imports of U.S. meat 
under the Directive, I have determined that it is in the interest of 
the United States to terminate the increased duties proclaimed in 
Proclamation No. 5759 and applied pursuant to the authority delegate to 
the USTR in Proclamation No. 5759.
Charlene Barshefsky,
Acting U.S. Trade Representative.
[FR Doc. 96-18122 Filed 7-15-96; 8:45 am]
BILLING CODE 3190-01-M