[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Pages 57689-57690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27842]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/D-165]


WTO Dispute Settlement Proceeding Regarding Import Measures on 
Certain Products From the European Communities

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 establishment of a dispute 
settlement panel under the Marrakesh Agreement Establishing the World 
Trade Organization (``WTO''), by the European Communities, to examine 
the U.S. announcement of 3 March 1999 that liquidation would be 
withheld on imports from the EC of a list of products together valued 
at $520 million. In this dispute, the European Communities alleges that 
this action was inconsistent with obligations of the United States 
under the Dispute Settlement Understanding and the General Agreement on 
Tariffs and Trade 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 November 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: 
Dispute on Import Measures on Certain Products from the European 
Communities, Office of the United States Trade Representative, 600 17th 
Street, NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Bruce R. Hirsh, Associate General 
Counsel, at (202) 395-3582, or William L. Busis, Associate General 
Counsel, at 395-3150

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

[[Page 57690]]

notice that on May 12, 1999, the European Communities submitted a 
request for the establishment of a WTO dispute settlement panel to 
examine actions allegedly taken on March 3, 1999 to withhold 
liquidation on imports from the EC of a list of products valued at $520 
million. The WTO Dispute Settlement Body (``DSB'') established a panel 
for this purpose on June 16, 1999. Panelists were selected on October 
8, 1999.

Major Issues Raised and Legal Basis of the Complaint

    The European Communities' panel request describes the purported 
U.S. measure it is challenging as ``the U.S. decision, effective as of 
March 3, 1999, to withhold liquidation on imports from the EC of a list 
of products, together valued at $520 million on an annual basis, and to 
impose a contingent liability for 100% duties on each individual 
importation of affected products as of this date. . . . This measure 
includes administrative provisions that foresee, among other things, 
the posting of a bond to cover the full potential liability.'' 
According to the European Communities, by requiring the deposit of a 
bond, U.S. Customs ``effectively already imposed 100% duties on each 
individual importation as of 3 March 1999, the return of which was 
uncertain, depending on future U.S. decisions.'' The EC assets that the 
U.S. thereby violated Articles 3, 21, 22 and 23 of the Dispute 
Settlement Understanding and Articles I, II, VIII and IX of GATT 1994. 
The EC also asserts that the purported U.S. measure ``impedes important 
objectives of GATT 1994 and of the WTO.''

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this 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 submitting 
person. 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 section135(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 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-
165, Import Measures on Certain Products from the European Communities) 
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. 99-27842 Filed 10-25-99; 8:45 am]
BILLING CODE 3190-01-M