[Federal Register Volume 63, Number 247 (Thursday, December 24, 1998)] [Notices] [Pages 71327-71328] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-34134] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS-132] WTO Dispute Settlement Proceeding Regarding Mexico's Imposition of Antidumping Duties on Imports of High Fructose Corn Syrup From the United States AGENCY: Office of the United States Trade Representative. ACTION: Notice; request for 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, at the request of the United States, a dispute settlement panel has been established under the Agreement Establishing the World Trade Organization (WTO), to examine Mexico's imposition of antidumping duties on imports of high fructose corn syrup (HFCS) from the United States, and related measures. More specifically, in this dispute the United States alleges that the measures in question are inconsistent with Article VI of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Articles 1, 2, 3, 4, 5, 6, 7, 10 and 12 of the WTO Antidumping Agreement. USTR also invites written comments from the public concerning the issues raised in the dispute. DATE: Although USTR will accept any comments received during the course of [[Page 71328]] the dispute settlement proceedings, comments should be submitted on or before January 22, 1999, to be assured of timely consideration by USTR in preparing its first written submission to the panel. ADDRESS: Comments must be submitted to Sandy McKinzy, Litigation Assistant, Office of Monitoring and Enforcement, Room 122, Attn: Mexico-HFCS Dispute, Office of the U.S. Trade Representative, 600 17th Street, NW., Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Melida Hodgson, Assistant General Counsel, (202) 395-3582. SUPPLEMENTARY INFORMATION: On October 8, 1998, the United States requested the establishment of a WTO dispute settlement panel to examine whether Mexico's final antidumping measure, including actions preceding this measure, is inconsistent with the GATT 1994 and the Antidumping Agreement. On November 25, 1998, the WTO Dispute Settlement Body (DSB) established a panel to examine the U.S. complaint. 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 six months after it is established. Major Issues Raised by the United States and Legal Basis of Complaint In February 1997, at the request of the Mexican Chamber of Sugar and Alcohol Industries (the sugar producers), the Mexican Secretariat of Commerce and Industrial Development (SECOFI) initiated an antidumping investigation of imports of HFCS from the United States. In January 1998, subsequent to the imposition of provisional antidumping duties, SECOFI made a final determination that imports of HFCS from the United States were being dumped in Mexico, and that these imports were threatening the Mexican sugar industry, and it therefore levied antidumping duties against U.S. exporters. The USTR believes that these measures are inconsistent with key provisions of the WTO agreements in several respects, including the following: --SECOFI's notice of initiation of an antidumping investigation did not provide adequate information summarizing the factors on which the allegation of threat of material injury was based; --The evidence in the application alleging threat of material injury was insufficient to justify initiation of an investigation; --In its final determination of threat of material injury to the sugar industry, Mexico failed to properly examine, and determine, the likely impact of dumped HFCS imports on the Mexican sugar industry; --Mexico's determination that there was a likelihood of substantially increased imports or that further dumped imports were imminent was flawed; --Mexico's application and administration of provisional antidumping measures was inconsistent with the Antidumping Agreement; and --U.S. exporters were denied a full opportunity to defend their intersts during the pendency of Mexico's investigation Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in the dispute. Comments must be 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 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, NW., 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/DS-132) (``Mexico-HFCS 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. 98-34134 Filed 12-23-98; 8:45 am] BILLING CODE 3190-01-M