[Federal Register Volume 67, Number 43 (Tuesday, March 5, 2002)]
[Notices]
[Pages 10035-10036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5137]


-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-243]


WTO Consultations Regarding ``United States--Rules of Origin for 
Textiles and Apparel Products''

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that on January 11, 2002, India 
requested consultations with the United States under the Understanding 
on Rules and Procedures Governing the Settlement of Disputes (``DSU''), 
the General Agreement Regarding Tariffs and Trade 1994 (``GATT 1994''), 
and the Agreement on Rules of Origin (``ROO Agreement'') regarding the 
rules of origin for textiles and apparel products set out in Section 
334 of Uruguay Round Agreements Act and Section 405 of the Trade and 
Development Act of 2000, and implementing legislation. The European 
Communities (``EC'') and Bangladesh subsequently requested to join the 
consultations as third parties. India alleges that Section 334 and its 
modification, Section 405, are inconsistent with certain obligations of 
the United States under the ROO Agreement. Pursuant to Article 4.3 of 
the 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 the requesting parties. 
Consultations were held on February 7, 2002, and may be followed by 
subsequent consultations. 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 March 27, 2002, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], Attn:``US-India Textile ROO Dispute'' in the subject 
line, or (ii) by mail, 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: India Textile ROO Dispute, with a confirmation copy sent 
electronically or by fax to 202-395-3640.

[[Page 10036]]


FOR FURTHER INFORMATION CONTACT: Melida N. Hodgson, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC, (202) 395-3852.

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 receives a 
request for the establishment of a WTO dispute settlement panel. 
Consistent with this obligation, but in an effort to provide additional 
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 Consultation Request

    Section 334 changed certain rules of origin applicable to textile 
and apparel products to harmonize U.S. practice with that of our 
trading partners. Section 405 amended Section 334 to resolve certain 
concerns raised by the EC. The consultation request alleges that 
Section 334's changes to rules of origin wrongly differentiated between 
textile and apparel products and industrial products in order to 
protect U.S. industry from competition. Similarly, India alleges that 
the changes made in Section 405 to the textile and apparel rules of 
origin were adopted to achieve specific trade objectives. These 
changes, India alleges are inconsistent with Article 2(b)-(e) of the 
ROO Agreement.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. Persons submitting 
comments may either send one copy by U.S. mail, first class, postage 
prepaid, to Sandy McKinzy at the address listed above or transmit a 
copy electronically to [email protected], with ``India Textile ROO 
Dispute'' in the subject line. For documents sent by U.S. mail, USTR 
requests that the submitter provide a confirmation copy, either 
electronically or by fax to 202-395-3640. USTR encourages the 
submission of documents in Adobe PDF format, as attachments to an 
electronic mail. Interested persons who make submissions by electronic 
mail should not provide separate cover letters; information that might 
appear in a cover letter should be included in the submission itself. 
Similarly, to the extent possible, any attachments to the submission 
should be included in the same file as the submission itself, and not 
as separate files. 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 submitter. 
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 3, First Floor, Office of 
the United States Trade Representative, 1724 F 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 proceeding; the 
U.S. submissions to the panel in the proceeding, 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 dispute 
settlement panel, and, if applicable, the report of the Appellate Body. 
An appointment to review the public file (Docket WTO/DS-234, US-India 
Textile ROO Dispute) may be made by calling Brenda Webb, (202) 395-
6186. The USTR Reading Room is open to the public from 10 a.m. to 12 
noon and 1 p.m. to 4 p.m., Monday through Friday.

Christine Bliss,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 02-5137 Filed 3-4-02; 8:45 am]
BILLING CODE 3190-01-M