[Federal Register Volume 68, Number 93 (Wednesday, May 14, 2003)]
[Notices]
[Pages 25928-25929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12037]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-250]


WTO Dispute Settlement Proceeding Regarding United States--
Equalizing Excise Tax Imposed by Florida on Processed Orange and 
Grapefruit 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 of the request by the Government of the 
Federative Republic of Brazil for the establishment of a dispute 
settlement panel under the Marrakesh Agreement Establishing the World 
Trade Organization (``WTO Agreement'') to examine the equalizing excise 
tax imposed by Florida on processed orange and processed grapefruit 
products pursuant to Section 601.155 of the Florida Statutes. Brazil 
alleges that Florida's equalizing excise tax is inconsistent with the 
obligations of the United States under the General Agreement on Tariffs 
and Trade 1994 (``GATT 1994''). USTR invites written comment 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 July 1, 2003 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ``DS250'' 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: DS250 
Dispute, with a confirmation copy sent electronically to the e-mail 
address above or by fax to (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Stanford K. McCoy, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-3581.

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 August 19, 2002, the United States received a 
request from the Government of the Federative Republic of Brazil for 
the establishment of a WTO dispute settlement panel to examine the

[[Page 25929]]

equalizing excise tax imposed by Florida on processed orange and 
processed grapefruit products pursuant to Section 601.155 of the 
Florida Statutes. The panel was established on October 1, 2002. Chile, 
the European Communities (``EC''), Mexico, and Paraguay have notified 
the WTO of their intention to participate as third parties.

Major Issues Raised and Legal Basis of the Complaint

    Brazil alleges that the equalizing excise tax imposed by the State 
of Florida pursuant to Section 601.155 of the Florida Statutes, as 
amended effective July 1, 2002, is inconsistent with certain 
obligations of the United States under GATT 1994. Brazil asserts that 
Section 601.155 levies an excise tax on the privilege of processing, 
reprocessing, blending, or mixing processed orange products or 
processed grapefruit products into retail or instituted size containers 
in Florida. Products on which an equivalent tax is levied pursuant to 
Sec.  601.15 of the Florida Statutes are exempt from the tax imposed by 
Sec.  601.155. Brazil asserts that the Florida equalizing excise tax is 
inconsistent with United States obligations under Articles III:1, III:2 
and III:4 of GATT 1994.
    Specifically, Brazil alleges, inter alia, that the equalizing 
excise tax (a) is applied to the Brazilian product so as to afford 
production; (b) exceeds internal taxes and charges applied to like 
domestic products; and (c) accords Brazilian products treatment less 
favorable than that accorded to like products of U.S. origin, 
particularly in regard to the use of the proceeds of the equalizing 
excise tax for advertising and promotion of Florida citrus and citrus 
products.

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 ``DS250'' in the subject 
line. For documents sent by U.S. mail, the submitter should 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'' at the top and bottom of the cover page and each 
succeeding page of the submission.
    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(b)(2) of the Trade Act of 
1974 (19 U.S.C. 2155(g)(2)). If the submitting person believes that 
information or advice may qualify as such, the submitting person--
    (1) Must so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
at the top and bottom of the cover page and each succeeding page of the 
submission; 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, which is located at 1724 F 
Street, NW., Washington, DC 20508. The public file will include non-
confidential comments received by USTR from the public with respect to 
the dispute; the U.S. submissions to the panel in the dispute, 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 may be made by calling the USTR 
Reading Room at (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.

Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 03-12037 Filed 5-13-03; 8:45 am]
BILLING CODE 3190-01-M