[Federal Register Volume 62, Number 200 (Thursday, October 16, 1997)]
[Notices]
[Pages 53853-53854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27304]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-112]
Initiation of Section 302 Investigation and Request for Public
Comment: Japan Market Access Barriers to Agricultural Products
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of initiation of investigation; request for written
comments.
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SUMMARY: The United States Trade Representative (USTR) has initiated an
investigation under section 302(b)(1) of the Trade Act of 1974, (the
Trade Act), with respect to certain acts, policies and practices of the
Government of Japan concerning 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. The United
States alleges that these acts, policies and practices are inconsistent
with certain provisions of 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 invites
written comments from the public on the matters being investigated.
DATES: This investigation was initiated on October 7, 1997. Written
comments from the public are due on or before noon on Tuesday, November
11, 1997.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street, NW, Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT:
Audrae Erickson, Office of Agricultural Affairs (202) 395-6127,
Elizabeth Hyman, Office of the General Counsel, (202) 395-3150, or
Daniel Brinza, Senior Advisor and Special Counsel for Natural
Resources, (202) 395-7305.
SUPPLEMENTARY INFORMATION: Section 302(b)(1) of the Trade Act, 19
U.S.C. 2412(b)(1), authorizes the USTR to initiate an investigation
under chapter 1 of Title III of the Trade Act (commonly referred to as
``section 301'') with respect to any matter in order to determine
whether the matter is actionable under section 301. Matters actionable
under section 301 include, inter alia, the denial of rights of the
United States under a trade agreement, or acts, policies, and practices
of a foreign country that violate or are inconsistent with the
provisions of, or otherwise deny benefits to the United States under,
any trade agreement.
Investigation and Consultations
On October 7, 1997, having consulted with the appropriate private
sector advisory committees, the USTR determined that an investigation
should be initiated to assess whether certain acts, policies and
practices of Japan regarding a prohibition on imports of certain
agricultural products are actionable under section 301(a) and has
requested the consultations required under section 303(a) of the Trade
Act. 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 Ordnance
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 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.
This practice of Japan affects not just apple imports, but imports of
other fruit as well.
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
[[Page 53854]]
Tariffs and Trade 1994; and Article 4 of the Agreement on Agriculture.
On April 7, 1997, the Government of the United States requested
consultations with Japan regarding these measures pursuant to Article 4
of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (``DSU''), Article 11 of the Agreement on the Application
of Sanitary and Phytosanitary Measures, Article XXIII of the General
Agreement on Tariffs and Trade 1994, and Article 19 of the Agreement on
Agriculture.
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 World Trade Organization 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 Japan 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 11, 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, DC 20508.
Comments will be placed in a file (Docket 301-112) 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. An appointment to review the docket
(Docket No. 301-112) 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 1:00 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. 97-27304 Filed 10-15-97; 8:45 am]
BILLING CODE 3190-01-M