[Federal Register Volume 67, Number 147 (Wednesday, July 31, 2002)]
[Notices]
[Pages 49733-49734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19282]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-243]


WTO Dispute Settlement Proceeding Regarding United States--Rules 
of Origin for Textiles and Apparel Products

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 24, 2002, a dispute 
settlement panel was established at the request of the Government of 
India under the Marrakesh Agreement Establishing the World Trade 
Organization (``WTO'') to examine Section 334 of the Uruguay Round 
Agreements Act (``URAA''), its implementing legislation, and Section 
405 of the Trade and Development Act of 2000. India alleges that these 
U.S. statutes are inconsistent with the obligations of the United 
States under the Agreement on Rules of Origin (``ARO''). USTR invites 
written comment from the public concerning the issues raised in this 
dispute. Bangladesh, China, the European Communities (``EC''), Pakistan 
and the Philippines have notified the WTO of their intention to 
participate as third parties.

DATES: Although the USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before August 26, 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.

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

SUPPLEMENTARY INFORMATION: Pursuant to Section 127(b) of the Uruguay 
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing 
notice that on June 24, 2002, a WTO dispute settlement panel was 
established at the

[[Page 49734]]

request of India. The Panel, which would hold its meetings in Geneva, 
Switzerland, is expected to issue a report on its findings and 
recommendations within six to nine months after its establishment.

Major Issues Raised and Legal Basis of the Complaint

    India alleges that Section 334 (1996), and its modification Section 
405 (2000), are inconsistent with certain obligations of the United 
States under the ARO. Section 334 established 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 claims raised by the EC in dispute settlement 
proceedings challenging our textile rules of origin implementing the 
URAA.
    Specifically, India alleges that Section 334 and Section 405 
wrongly differentiated between textile and apparel products and 
industrial products in order to protect the US industry. India further 
alleges that Sections 334 and 405 are inconsistent with Article 2(b)-
(e) of ARO, because, inter alia: their rules are complex and disrupt 
and restrict trade; they impose prerequisite conditions not related to 
manufacturing or processing; discriminate between domestic and WTO 
Member goods, as well between Member goods; and are not administered in 
a consistent, impartial manner.

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-243, US-India 
Textile ROO Dispute) may be made by calling the Reading Room at (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.

Bruce R. Hirsh,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 02-19282 Filed 7-30-02; 8:45 am]
BILLING CODE 3190-01-M