[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Notices]
[Pages 27847-27848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12906]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-161]


WTO Dispute Settlement Proceeding Regarding Korea--Measures 
Affecting Imports of Fresh, Chilled, and Frozen Beef

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 by the United States for 
the establishment of a dispute settlement panel under the Marrakesh 
Agreement Establishing the World Trade organization (``WTO''), to 
examine: (1) Korea's retail distribution system, which discriminates 
against beef from the United States by imposing sales and other 
requirements on such beef from which Korean beef is exempt; (2) Korea's 
imposition of charges that exceed the other duties or charges provided 
for in Korea's WTO Schedule of concessions; (3) Korea's provision of 
excessive domestic support to agricultural producers; and (4) other 
Korean Government measures that have disrupted market access and 
impaired the ability of U.S. producers to fill the quota allotted by 
the Korean government for beef imports. In this dispute, the United 
States alleges that the Korean measures are inconsistent with the 
obligations of Korea under the General Agreement on Tariffs and Trade 
(GATT) 1994, the Agreement on Agriculture, and the Agreement on Import 
Licensing Procedures. 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 July 15, 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: Korea 
Beef Dispute, Office of the United States Trade Representative, 600 
17th Street, N.W., Washington, D.C. 20508.

FOR FURTHER INFORMATION CONTACT: James Lyons, Associate General 
Counsel, Office of the United States Trade Representative, (202) 395-
7305 or Mary Latimer, Director for Korea, (202) 395-6813.

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 April 15, 1999, the United States requested 
the establishment of a WTO dispute settlement panel to examine whether 
Korea's discriminatory retail distribution requirements for imported 
beef, an additional charge not provided for in Korea's Schedule of 
concessions, domestic support payments which exceed Korea's reduction 
commitments, and other restrictions on market access for imported beef 
are inconsistent with the WTO obligations of Korea. The WTO Dispute 
Settlement Body (``DSB'') considered the United States' first request 
for the establishment of a panel on April 28, 1999, and the United 
States will present its second request at a meeting of the DSB on May 
26, 1999. A panel will be established at that time unless the DSB 
decides by consensus not to establish a panel.

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

    The USTR believes that these measures are inconsistent with the 
obligations of Korea under several provisions of the WTO Agreements, 
including Articles II, III, X, XI, and XVII of the GATT 1994, Articles 
3, 4, 6 and 7 of the Agreement on Agriculture, Articles 1 and 3 of the 
Agreement on Import Licensing Procedures.

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 persons 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, N.W., 
Washington, D.C. 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

[[Page 27848]]

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/
DS-161, Korea--Measures Affecting Imports of Fresh, Chilled, and Frozen 
Beef 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. 99-12906 Filed 5-20-99; 8:45 am]
BILLING CODE 3190-01-M