[Federal Register Volume 65, Number 209 (Friday, October 27, 2000)]
[Notices]
[Pages 64472-64473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27703]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/D-210]


WTO Consultations Regarding Belgium--Measures Affecting Imported 
Rice

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 October 12, 2000, the United States requested 
consultations with Belgium under the Marrakesh Agreement Establishing 
the World Trade Organization (WTO), regarding Belgium's administration 
of laws and regulations establishing the customs duties applicable to 
rice imported from the United States. Since July 1997, Belgian customs 
authorities have established customs values and duties for rice by 
using reference prices, resulting in an assessment of duties in amounts 
that appear to exceed the duty required by Headnote 7 of the Schedule 
of Specific Commitments of the European Communities and Their Member 
States LXXX. Belgium's administration of its tariff regime for rice, 
moreover, has contributed to substantial uncertainty regarding the rate 
of duty that will be applicable to shipments of imported rice. The 
United States considers that Belgium's measures relating to imported 
rice appear to contravene Articles I, II, VII, VIII, X and XI of the 
General Agreement

[[Page 64473]]

on Tariffs and Trade 1994 (GATT). In addition, Belgium's administration 
of its customs regime for imported rice appears to be inconsistent with 
Belgium's obligations under the Agreement on Implementation of Article 
VII of the GATT 1994 (``Customs Valuation Agreement''), the Agreement 
on Technical Barriers to Trade, and the Agreement on Agriculture. 
Pursuant to Articles 1 and 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 Belgium. 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 November 25, 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: Belgium Rice 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.

Major Issues Raised by the United States

    The United States considers that Belgium's administration of its 
laws and regulations establishing the customs duties applicable to rice 
imported from the United States appears to be inconsistent with its WTO 
obligations. Belgian customs authorities have established customs 
values and import duties using reference prices without consideration 
of either the value or characteristics of the particular rice shipments 
involved. Moreover, the measures employed by Belgian authorities appear 
to have been applied in a manner that discriminates against rice 
imported from the United States. The Belgian measures also appear to 
have restricted imports of rice into Belgium.
    The United States also considers that Belgium has failed to comply 
with the requirements of Articles I, II, VII, VIII, and X of the GATT 
1994, Articles 1-6, 7, 10, 14, 16, and Annex I of the Customs Valuation 
Agreement, and Articles 2, 3, 5, 6, 7, and 9 of the Agreement on 
Technical Barriers to Trade.
    In addition, Belgium appears to be restricting imports in a manner 
that would be inconsistent with GATT Articles I and XI and Articles 4 
of the Agreement on Agriculture.

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-210, Belgium--
Measures Affecting Imports of Rice) 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. 00-27703 Filed 10-26-00; 8:45 am]
BILLING CODE 3190-01-M