[Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
[Notices]
[Pages 55063-55064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27142]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-107]
Initiation of Section 302 Investigation and Request for Public
Comment: Australian Subsidies Affecting Leather
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of initiation of investigation; request for written
comment.
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SUMMARY: The United States Trade Representative (USTR) has initiated an
investigation under section 302(a) of the Trade Act of 1974, as amended
(the Trade Act), with respect to certain acts, policies and practices
of the Government of Australia with respect to subsidies affecting
leather. USTR invites written comments from the public on the matters
being investigated and the determinations to be made under section 304
of the Trade Act.
DATES: This investigation was initiated on October 3, 1996. Written
comments from the public are due on or before noon on Tuesday, November
5, 1996.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street, NW, Washington, D.C. 20508.
FOR FURTHER INFORMATION CONTACT:
Ron Lorentzen, Director for WTO Industrial Issues, (202) 395-3063, or
Audrey Winter, Associate General Counsel, (202) 395-7305.
SUPPLEMENTARY INFORMATION: On August 19, 1996, the Coalition Against
Australian Leather Subsidies filed a petition pursuant to section
302(a) of the Trade Act (19 U.S.C. 2412(a)) alleging that certain
subsidy programs of the Government of Australia constitute acts,
policies and practices that violate, or are inconsistent with and
otherwise deny benefits to the United States under the General
Agreement on Tariffs and Trade 1994 (GATT) and the Agreement on
Subsidies and Countervailing Measures (SCM Agreement). In particular,
the petition alleges that the Government of Australia has instituted
certain subsidy programs which provide substantial assistance to the
domestic leather tanning industry in Australia in the form of credits
for the export of eligible goods and services based upon the value
added to the exported product in Australia. These credits can be used
to offset duties on eligible imports or,
[[Page 55064]]
because they are freely transferable, can be sold to any importer of
eligible goods. The petition also alleges that the subsidies have
burdened and restricted U.S. commerce because they have enabled
Australian leather tanners to substantially lower their prices to
buyers of automobile upholstery leather for the U.S. market, thereby
inflicting injury on U.S. leather tanners.
Investigation and Consultations
On October 3, 1996, the USTR determined that an investigation
should be initiated to determine whether certain acts, policies or
practices of the Government of Australia regarding subsidies available
to leather under the Textile, Clothing and Footwear Import Credit
Scheme and any other subsidies to leather granted or maintained in
Australia which are prohibited under Article 3 of the SCM Agreement are
actionable under section 301.
As required in section 303(a) of the Trade Act, the USTR has
requested consultations with the Government of Australia regarding the
issues under investigation. The request was made pursuant to Articles 1
and 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), Article 4.1 of the SCM Agreement, and
Article XXIII:1 of GATT 1994 as incorporated in Article 30 of the SCM
Agreement. 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 and Article 4.4 of the SCM
Agreement. USTR will seek information and advice from the petitioner
and appropriate representatives provided for under section 135 of the
Trade Act in preparing the U.S. presentations for such consultations.
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 Australia 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 Tuesday,
November 5, 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.
Comments will be placed in a file (Docket 301-107) 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. Copies of the public version of the
petition and other relevant documents are available for public
inspection in the USTR Reading Room. An appointment to review the
docket (Docket No. 301-107) 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. 96-27142 Filed 10-22-96; 8:45 am]
BILLING CODE 3190-01-M