[Federal Register Volume 65, Number 153 (Tuesday, August 8, 2000)]
[Notices]
[Pages 48541-48542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19949]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/D-203]


WTO Consultations Regarding Mexico--Measures Affecting Trade in 
Live Swine

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 that on July 10, 2000, the United States requested 
consultations with Mexico under the Marrakesh Agreement Establishing 
the World Trade Organization (WTO), regarding its 20 October 1999 
definitive anti-dumping measure involving live swine from the United 
States as well as sanitary and other restrictions imposed by Mexico on 
imports of live swine weighing more than 110 kilograms. The United 
States considers that Mexico made a determination of threat of material 
injury that appears to be in contravention of Articles 3 and 12 of the 
Anti-Dumping Agreement and that actions by Mexico in the conduct of the 
anti-dumping investigation appear to be inconsistent with Mexico's 
obligations under Article 6 of the Agreement. In addition, Mexico 
maintains sanitary restrictions on the importation of live swine 
weighing 110 kilograms or more that appear to be inconsistent with 
Mexico's obligations under the WTO Agreements on Agriculture, the 
Application of Sanitary and Phytosanitary Measures and Technical 
Barriers to Trade as well as the GATT. Pursuant to Article 4.3 of the 
WTO Dispute Settlement Understanding (``DSU''), such consultations are 
to take place within a period of 30 days from the date of the request, 
or within a period otherwise mutually agreed between the United States 
and Mexico. 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 on or before September 4, 2000 to be assured of timely 
consideration by USTR.

ADDRESSES: Submit comments to Sandy McKinzy, Monitoring and Enforcement 
Unit, Office of the General Counsel, Room 122, Office of the United 
States Trade Representative, 600 17th Street, NW., Washington, DC, 
20508, Attn: Live Swine Dispute. Telephone: (202) 395-3582.

FOR FURTHER INFORMATION CONTACT: James M. Lyons, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC, (202) 395-3582.

SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round 
Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and 
opportunity for comment be provided after the United States submits or 
receives a request for the establishment of a WTO dispute settlement 
panel. Consistent with this obligation, but in an effort to provide an 
earlier opportunity for comment, USTR is providing notice that 
consultations have been requested pursuant to the WTO Dispute 
Settlement Understanding. If such consultations should fail to resolve 
the matter and a dispute settlement panel is established pursuant to 
the DSU, such panel, which would hold its meetings in Geneva, 
Switzerland, would be expected to issue a report on its findings and 
recommendations within six to nine months after it is established.

[[Page 48542]]

Major Issues Raised by the United States

    The United States considers that Mexico made a determination of 
threat of material injury in contravention of Articles 3 and 12 of the 
Anti-dumping Agreement, including: by failing to evaluate all relevant 
economic factors and indices having a bearing on the state of the 
industry; by failing to perform an objective examination of the 
consequent impact of imports found to be dumped on domestic producers 
of the like product; by failing to determine that there was a clearly 
foreseen and imminent change in circumstances that would create a 
situation in which dumping of imports of live swine of a weight more 
than or equal to 50 kilograms and less than 110 kilograms would cause 
injury; and by failing to determine that material injury would occur 
unless protective action were taken.
    The United States also considers that Mexico has failed to comply 
with the requirements of Article 6 of the Anti-Dumping Agreement, 
including: by failing to provide respondent U.S. exporters with timely 
opportunities to see and prepare presentations on the basis of all 
information used by the investigating authority that is relevant to the 
anti-dumping investigation; and by failing to inform respondent U.S. 
exporters, before the final determination was made, of the essential 
facts under consideration which form the basis of Mexico's decision to 
apply definitive measures.
    In addition, Mexico appears to be restricting or prohibiting the 
entry of U.S. live swine through measures, other than anti-dumping 
duties, in a manner inconsistent with its obligations under other WTO 
Multilateral Agreements on Trade in Goods. First, Mexico appears to 
have prohibited the importation of swine weighing 110 kilograms or 
more. Second, notwithstanding the apparent ban on importation of such 
swine, Mexico also appears to be maintaining sanitary restrictions on 
imported swine that constitute arbitrary and unjustified discrimination 
because no similar measures are applied to swine in Mexico. 
Furthermore, there does not appear to be a scientific basis for these 
measures. Finally, the United States understands that Mexico may have 
adopted technical regulations, not constituting sanitary measures, that 
are applicable to imported, but not domestic, swine.

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. 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 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)), 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 
dispute; if a dispute settlement panel is convened, the U.S. 
submissions to that panel, 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 panel; and, if applicable, 
the report of the Appellate Body. An appointment to review the public 
file (Docket WTO/D-203, Mexico--Measures Affecting Trade in Live Swine) 
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 United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 00-19949 Filed 8-7-00; 8:45 am]
BILLING CODE 3190-01-M