[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Notices]
[Pages 14037-14038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7080]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/D-152]


WTO Dispute Settlement Proceeding Regarding Sections 301-310 of 
the Trade Act of 1974, as Amended

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 of the request for the establishment of 
a dispute settlement panel under the Marrakesh Agreement Establishing 
the World Trade Organization (``WTO''), by the European Communities 
(``EC''), to examine Title III, chapter 1 (sections 301-310) of the 
United States Trade Act of 1974, as amended (``Trade Act'') (19 U.S.C. 
2411-2420). In this dispute, the EC alleges that sections 301-310 of 
the Trade Act are inconsistent with obligations of the United States 
under the Dispute Settlement Understanding (``DSU''), the Marrakesh 
Agreement establishing the WTO, and the General Agreement on Tariffs 
and Trade (``GATT 1994''). The USTR invites written comments from the 
public concerning the issues raised in this dispute.

DATES: Although the USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted by April 10, 1999, to be assured of timely consideration by 
the USTR in preparing its first written submission to the panel.

ADDRESSES: Comments may be submitted to Sandy McKinzy, Litigation 
Assistant, Office of Monitoring and Enforcement, Room 122, Attn: 
Section 301-310 Dispute, Office of the United States Trade 
Representative, 600 17th Street, NW., Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Joanna McIntosh, Associate General 
Counsel, (202) 395-7203.

SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay 
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1), the USTR is 
providing notice that on February 2, 1999, the EC submitted a request 
for the establishment of a WTO dispute settlement panel to examine 
whether sections 301-310 of the Trade Act are inconsistent with the WTO 
obligations of the United States. The WTO Dispute Settlement Body 
(``DSB'') considered the EC's first request for the establishment of a 
panel on February 17, 1999, and its second request on March 2, 1999; a 
panel was established at this meeting.

Major Issues Raised by the EC and Legal Basis of the Complaint

    The EC claims that sections 301-310 of the Trade Act impose 
``specific, strict time limits'' that require the United States to make 
``unilateral determinations'' regarding WTO violations by other WTO 
members, as well as trade sanctions that are prescribed as a result of 
such violations. By making these determinations, the EC contends that 
the United States is acting inconsistently with the DSU and the

[[Page 14038]]

GATT 1994 in situations when, at the end of the time limits imposed by 
sections 301-310, the DSB has not yet made a determination that a WTO 
member has not complied with its WTO obligations, and has not yet 
authorized the suspension of concessions with regard to such non-
compliance. Specifically, the EC alleges that the U.S. legislation is 
inconsistent with the obligations of the United States under Articles 
3, 21, 22, and 23 of the DSU; Article XVI:4 of the Marrakesh Agreement 
establishing the WTO; and Articles I, II, III, VIII, and XI of the GATT 
1994.

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 to Sandy McKinzy at the address 
provided above. 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 commentator. 
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 the 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 submitting person believes that 
information or advice may qualify as such, the submitting person--
    (1) Must so designate the 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)), the 
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 the 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 parties 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-
152, Sections 301-310 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.
Amelia Porges,
Senior Counsel for Dispute Settlement.
[FR Doc. 99-7080 Filed 3-22-99; 8:45 am]
BILLING CODE 3190-01-M