[Federal Register Volume 66, Number 46 (Thursday, March 8, 2001)]
[Notices]
[Pages 13994-13995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5631]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. NAFTA/Ch20]


NAFTA Consultations Regarding Mexico--Allocation of Tariff-Rate 
Quota on Dry Beans

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 Representatives (USTR) 
is providing notice that on November 30, 2000, the United States 
requested consultations with Mexico under Chapter 20 of the North 
American Free Trade Agreement (NAFTA), regarding Mexico's allocation of 
the duty-free tariff rate quota (TRQ) for certain dry beans from the 
United States. The Schedule of Mexico set forth in Annex 302.2 of the 
NAFTA requires Mexico to provide a duty-free TRQ for certain dry beans 
(tariff item 0713.33.02) from the United States. Mexico did not 
allocate the 1999 or 2000 dry bean TRQs for the United States in a 
timely manner, effectively denying U.S. exporters the full market 
access to which they are entitled. These actions appear to be 
inconsistent with Mexico's obligations under Article 302 and Annex 
302.2 of the NAFTA. 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 these dispute settlement proceedings, comments should be 
submitted on or before April 6, 2001 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments may be submitted to Leah Mayo, Monitoring and 
Enforcement Unit, Office of the General Counsel, Room 222, Office of 
the United States Trade Representative, 600 17th Street, NW., 
Washington, DC 20508, Attn: Mexico Dry Beans NAFTA Dispute. Telephone: 
(202) 395-3582.

FOR FURTHER INFORMATION CONTACT: Juan A. Millan, Assistant General 
Counsel, Office of the United States Trade Representative, 600, 17th 
Street, NW., Washington, DC, (202) 395-3581.

SUPPLEMENTARY INFORMATION: Chapter 20 of the NAFTA establishes dispute

[[Page 13995]]

settlement procedures to resolve disputes over any matter affecting the 
operation of the Agreement. Chapter 20 calls for three stages of 
efforts to resolve a dispute: Consultations by the parties, a meeting 
of the NAFTA Free Trade Commission, and, finally, arbitration before a 
panel. An arbitral panel formed under the Chapter 20 procedures would 
be expected to render its final report within five to six months after 
the request to establish the panel is filed.

Major Issues Raised by the United States

    The United States considers that Mexico's allocation of the duty-
free tariff rate quota (TRQ) for certain dry beans (tariff item 
0713.33.02) from the United States fails to comply with Mexico's 
obligations under Article 302 and Annex 302.2 of the NAFTA. The 
Schedule of Mexico set forth in Annex 302.2 requires Mexico to provide 
a duty-free TRQ for certain dry beans from the United States. The 
annual quantity of the duty-free TRQ is specified in footnote 29 of its 
Annex 302.2 Schedule. Article 302(4) of the NAFTA permits a Party ``to 
allocate in-quota imports made pursuant to a tariff rate quota set out 
in Annex 302.2, provided that such measures do not have trade 
restrictive effects on imports additional to those caused by the 
imposition of the tariff rate quota.'' In both 1999 and 2000, Mexico 
did not allocate the dry bean TRQs for the United States in a timely 
manner, effectively denying U.S. exporters the full market access to 
which they are entitled under the TRQ. The United States believes these 
actions are inconsistent with Mexico's obligations under Article 302 
and Annex 302.2 of the NAFTA.

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 persons 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 comments. 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.
    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 non-confidential 
comments received by USTR from the public with respect to the dispute; 
and, if an arbitral panel is convened, the U.S. submissions to that 
panel and the final report of the panel. An appointment to review the 
public file (Docket NAFTA/Ch20, Mexico--Allocation of Tariff-Rate Quota 
on Dry Beans) 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. 01-5631 Filed 3-7-01; 8:45 am]
BILLING CODE 3190-01-M