[Federal Register Volume 64, Number 237 (Friday, December 10, 1999)]
[Notices]
[Page 69318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32029]



[[Page 69318]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/D-21]


WTO Dispute Settlement Proceeding Regarding Australia--Measures 
Affecting the Importation of Salmonids

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice of the United States' request for the 
establishment of a dispute settlement panel under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO'') to 
examine Australia's measures affecting the importation of salmonids. In 
this dispute, the United States alleges that Australia's measures are 
inconsistent with its obligations under the Agreement on the 
Application of Sanitary and Phytosanitary Measures (``SPS Agreement'') 
and the General Agreement on Tariffs and Trade 1994 (``GATT 1994'').

FOR FURTHER INFORMATION CONTACT: Marjorie Florestal, Assistant General 
Counsel, (202) 395-3581 or Betsy Stillman, Special Advisor for Asia and 
Pacific Affairs, (202) 395-9543.

SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay 
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing 
notice that on June 16, 1999, the WTO Dispute Settlement Body (``DSB'') 
established a panel to review the Australian measure on imports of 
salmonids at the request of the United States. A panel was composed for 
this purpose on August 2, 1999, but was suspended at the United States' 
request on November 5, 1999, because the panelists are currently 
engaged in a related dispute brought by Canada and will examine the 
U.S. complaint after they have completed their work in the Canadian 
dispute. Once the panelists are prepared to examine the U.S. dispute, 
USTR will issue a notice with request for written comments from the 
public.

Major Issues Raised and Legal Basis of the Complaint

    Australia currently maintains certain prohibitions on imports of 
fresh, chilled, or frozen salmonids, which the United States believes 
is inconsistent with Australia's obligations under Articles 2, 5, 7 and 
8 of the SPS Agreement and Article XI of the GATT 1994.
    The Australian measure already has been the subject of a panel 
proceeding brought by Canada in Australia--Measures Affecting 
Importation of Salmon (WT/DS18/R, WT/DS18/AB/R), and the DSB adopted 
findings that the ban is inconsistent with Articles 2.2, 2.3, 5.1 and 
5.5 of the SPS Agreement. The United States was a third party in that 
dispute.
    On July 19, thirteen days after the reasonable period of time for 
implementation of the DSB's rulings had expired, Australia announced a 
new quarantine policy for salmonids and other finfish, designed to 
implement the WTO panel and Appellate Body reports. The new policy 
maintains certain restrictions on salmon imports that do not appear to 
be based on science, including, among other things, differing 
requirements for ``consumer-ready'' imports that are based on the size 
of the product concerned.
    On November 17, 1995, the United States requested consultations 
with Australia regarding its import prohibition pursuant to Article 4 
of the Understanding on Rules and Procedures Governing the Settlement 
of Disputes, Article XXII of the GATT 1994 and Article 11 of the SPS 
Agreement. Consultations were held on December 13, 1995, but failed to 
settle the dispute.
A. Jane Bradley,
Assistant U.S. Trade Representative for Monitoring and Enforcement.
[FR Doc. 99-32029 Filed 12-9-99; 8:45 am]
BILLING CODE 3190-01-P