[Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
[Notices]
[Pages 53378-53379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27067]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/D-20]
WTO Dispute Settlement Proceeding Regarding Japanese Varietal
Testing and Quarantine Requirements
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative (USTR) is
providing notice that the United States has requested establishment of
a dispute settlement panel under the Marrakesh Agreement Establishing
the World Trade Organization (WTO), to examine Japan's prohibition on
imports of certain agricultural products. Specifically, for each
agricultural product for which Japan requires quarantine treatment,
Japan prohibits the importation of each variety of that product until
the quarantine treatment has been tested for that variety even though
the treatment has proven effective with respect to other varieties of
the same product. This redundant testing requirement has no apparent
scientific basis but serves as a significant barrier to market access.
In this dispute the United States alleges that these Japanese measures
are inconsistent with the obligations of Japan under the Agreement on
the Application of Sanitary and Phytosanitary Measures, the General
Agreement on Tariffs and Trade 1994 (``GATT 1994''), and the Agreement
on Agriculture. 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 November 10, 1997 to be assured of timely
consideration by USTR in preparing its first written submission to the
panel.
ADDRESSES: Comments may be submitted by Ileana Falticeni, Litigation
Assistant, Office of Monitoring and Enforcement, Room 501, Attn: Japan
Fruit Quarantine 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, (202) 395-7305, Audrae Erickson,
Office of Agricultural Affairs, (202) 395-6127, or Elizabeth Hyman,
Office of the General Counsel, (202) 395-3150.
SUPPLEMENTARY INFORMATION: Pursuant to section 127(b)(1) of the Uruguay
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), the USTR is
providing notice that on October 3, 1997, the United States requested
the establishment of a WTO dispute settlement panel to examine whether
the import prohibition on agricultural products, in particular the
varietal testing requirements, maintained by Japan are inconsistent
with Japan's obligations under the Agreement on the Application of
Sanitary and Phytosanitary Measures, the GATT 1994, and the Agreement
on Agriculture. The WTO Dispute Settlement Body is likely to establish
the panel no later than mid-November, 1997. Under normal circumstances,
the panel, which will hold its meetings in Geneva, Switzerland, would
be expected to issue a report detailing its findings and
recommendations within nine months after it is established.
Major Issues Raised by the United States and Legal Basis of Complaint
For each agricultural product for which Japan requires quarantine
treatment, Japan prohibits the importation of each variety of that
product until the quarantine treatment has been tested for that
variety, even though the treatment has proven effective with respect to
other varieties of the same product. The relevant provisions of
Japanese laws include the Plant Protection Law (Law No. 151) enacted
May 4, 1950, as amended, and the Plant Protection Law Enforcement
Regulation (Ministry of Agriculture, Forestry and Fisheries Ordinance
No. 73) of June 30, 1950, as amended.
For example, after years of effort by the United States, in January
1995 Japan agreed to permit imports of U.S. Red Delicious and Golden
Delicious apples based on Japan's determination that treatment of fruit
from inspected orchards both with methyl bromide fumigation and a cold
storage treatment would be effective against codling moth, a plant
pest. However, Japan has refused
[[Page 53379]]
to allow other varieties of apples, such as Gala, Fuji, Braeburn,
Jonagold and Granny Smith, to be imported into Japan unless lengthy and
expensive tests are performed on each variety to prove the efficacy of
the same methyl bromide/cold storage treatment at killing codling
moths. There is no scientific basis for distinguishing between
different varieties of fruit in this respect.
The USTR believes that these measures are inconsistent with the
obligations of Japan under several provisions of the WTO Agreements,
including Articles 2, 3, 4, 5, 7 and 8 of the Agreement on the
Application of Sanitary and Phytosanitary Measures; Article XI of the
General Agreement on Tariffs and Trade 1994; and Article 4 of the
Agreement on Agriculture.
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 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.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by USTR to be
confidential in accordance with section 135(g)(2) of the Trade Act of
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information
or advice may qualify as such, the submitter--
(1) Must so designate that information or advice;
(2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
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 (19 U.S.C. 3537(e)), 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, N.W., Washington, DC
20508. The public file will include a listing of any comments received
by 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-20, ``U.S.-Japan
Fruit Quarantine Dispute'') may be made by calling Brenda Webb, (202)
395-6186. The USTR Reading Room is open to the public from 9:30 a.m. to
12 noon and 1 p.m. to 4 p.m., Monday through Friday.
A. Jane Bradley,
Assistant U.S. Trade Representative for Monitoring and Enforcement.
[FR Doc. 97-27067 Filed 10-10-97; 8:45 am]
BILLING CODE 3190-01-M