[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)] [Notices] [Pages 4826-4827] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-2427] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/D-13] WTO Dispute Proceeding Regarding Argentina's Specific Duties on Textiles, Apparel and Footwear and Three Percent Ad Valorem Statistical Tax on Imports agency: Office of the United States Trade Representative. action: Notice; request for written 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 certain acts, policies and practices of the Government of Argentina concerning the imposition of (1) specific duties on textiles, apparel and footwear above the 35 percent ad valorem rate to which Argentina is bound under the General Agreement on Tariffs and Trade 1994 (``GATT 1994''); and (2) a statistical tax of 3 percent ad valorem on imports from sources other than MERCOSUR countries. The United States alleges that these acts, policies and practices are inconsistent with certain provisions of GATT 1994, the Agreement on Implementation of Article VII of the GATT 1994 and the Agreement on Textiles and Clothing. USTR invites [[Page 4827]] written comments from the public on the matters raised in this dispute. dates: Comments should be submitted on or before March 3, 1997, to be assured of timely consideration by USTR in preparing its first written submission to the panel. addresses: Comments must be submitted to Ileana Falticeni, Office of Monitoring and Enforcement, Room 501, Attn: Argentina Textiles, Apparel and Footwear Dispute, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508. for further information contact: Karen James Chopra, Deputy Assistant United States Trade Representative for the Western Hemisphere, (202) 395-5190, or Hal S. Shapiro, Assistant General Counsel, (202) 395-3582. supplementary information: On January 22, 1997, the United States requested establishment of a WTO dispute settlement panel to examine whether Argentina's measures are inconsistent with Articles II, VII, VIII and X of the GATT 1994; Articles 1 through 8 of the Agreement on Implementation of Article VII of the GATT 1994; and Article 7 of the Agreement on Textiles and Clothing. Major Issues Raised by the United States and Legal Basis of Complaint Under the GATT 1994, Argentina has agreed to a bound tariff rate of 35 percent ad valorem for textiles, apparel and footwear. Beginning in September 1995, Argentina converted its tariff regime for textiles, apparel and footwear to specific duties that are in excess of Argentina's bound rate. Article II of the GATT 1994 provides that imports shall be exempt from all other duties or charges of any kind imposed on or in connection with importation in excess of those set forth in a WTO member's binding and that a WTO member shall not alter its method of determining dutiable value so as to impair the value of its tariff concessions. Article VII of the GATT 1994 and Articles 1 through 8 of the Agreement on Implementation of Article VII of the GATT 1994 set forth the bases for determining dutiable value. The United States contends that Argentina's specific duties are inconsistent with these provisions. Argentina also imposes a statistical tax of 3 percent ad valorem on imports. Article VIII of the GATT 1994 states that all fees and charges imposed by WTO members shall be limited to the approximate cost of services rendered and shall not represent an indirect protection to domestic products or a taxation of imports for fiscal purposes. In the view of the United States, Argentina's statistical tax is not limited to the amount of any service rendered, and it is an indirect protection of domestic products as well as a taxation of imports. Finally, Article 7 of the Agreement on Textiles and Clothing requires WTO members to take such actions as may be necessary to achieve improved access to markets for textile and clothing products. Argentina's specific duties and statistical tax hinder the achievement of improved import access, and the United States maintains that they are contrary to Article 7. Public Comment Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in the dispute. 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 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 or each copy; and (3) is strongly 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 United States submissions to the panel in the proceeding, the submissions, or non-confidential summaries of the 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 file (Docket WTO/D-13) may be made by calling Brenda Webb at (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. A. Jane Bradley, Assistant U.S. Trade Representative for Monitoring and Enforcement. [FR Doc. 97-2427 Filed 1-30-97; 8:45 am] BILLING CODE 3190-01-M