[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Notices]
[Pages 40977-40978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15078]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-245]


WTO Dispute Settlement Proceeding Regarding Japanese Measures 
Affecting the Importation of Apples

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 June 3, 2002, at the request of the United 
States, the Dispute Settlement Body (DSB) of the World Trade 
Organization (WTO) established a dispute settlement panel under the 
Marrakesh Agreement Establishing the WTO to examine measures imposed by 
Japan restricting the importation of U.S. apples in connection with 
fire blight or the fire blight disease-causing organism, Erwinia 
amylovora. The United States alleges that these measures are 
inconsistent with the obligations of Japan under the General Agreement 
on Tariffs and Trade 1994, the Agreement on the Application of Sanitary 
and Phytosanitary Measures, and the Agreement on Agriculture. USTR 
invites written comments from the public concerning the issues raised 
in this dispute.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before June 30, 2002, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically to 
[email protected] or (ii) by mail to Sandy McKinzy, Litigation 
Assistant, Office of Monitoring and Enforcement, Attn: Japan--Measures 
Affecting the Importation of Apples, Office of the United States Trade 
Representative, 600 17th Street, NW, Washington, DC 20508, with a 
confirmation copy sent electronically or by fax to (202) 395-3640.

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

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. USTR is providing notice that on June 3, 2002, at the request of 
the United States, a WTO dispute settlement panel was established to 
examine measures imposed by Japan restricting the importation of U.S. 
apples in connection with fire blight or the fire blight disease-
causing organism, Erwinia amylovora. The panel, which will hold its 
meetings in Geneva, Switzerland, is 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 has requested WTO consultations with Japan 
regarding its restrictions on the importation of U.S. apples in 
connection with fire blight or the fire blight disease-causing 
organism, Erwinia amylovora. These restrictions include, inter alia, 
the prohibition of imported apples from U.S. states other than 
Washington or Oregon; the prohibition of imported apples from orchards 
in which any fire blight is detected; the prohibition of imported 
apples from any orchard (whether or not it is free of fire blight) 
should fire blight be detected within a 500 meter buffer zone 
surrounding such orchard; the requirement that export orchards be 
inspected three times yearly (at blossom, fruitlet, and harvest stages) 
for the presence of fire blight for purposes of applying the above-
mentioned prohibitions; a post-harvest surface treatment of exported 
apples with chlorine; production requirements, such as chlorine 
treatment of containers for harvesting and chlorine treatment of the 
packing line; and the post-harvest separation of apples for export to 
Japan from those apples destined for other destinations.
    The United States contends that Japan's measures are inconsistent 
with the obligations of Japan under Article XI of the General Agreement 
on Tariffs and Trade 1994, Article 4.2 of the Agreement on Agriculture, 
and Articles 2.2, 2.3, 5.1, 5.2, 5.3, 5.5, 5.6, 6.1, 6.2, and 7 and 
paragraphs 5, 6, and 8 of Annex B of the Agreement on the Application 
of Sanitary and Phytosanitary Measures. Japan's measures also appear to 
nullify or impair the benefits accruing to the United States directly 
or indirectly under the cited agreements.

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.

[[Page 40978]]

Commenters should send either 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]. 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.
    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. For any document containing business confidential information 
submitted by electronic transmission, the file name of the business 
confidential version should begin with the characters ``BC'', and the 
file name of the public version should begin with the characters ``P''. 
The ``P'' or ``BC'' should be followed by the name of the commenter. 
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.
    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 the dispute settlement proceeding, accessible 
to the public, in the USTR Reading Room: 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 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/DS-245, Japan--
Measures Affecting the Importation of Apples) 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.

Bruce R. Hirsh,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 02-15078 Filed 6-13-02; 8:45 am]
BILLING CODE 3190-01-M