[Federal Register Volume 68, Number 148 (Friday, August 1, 2003)]
[Notices]
[Pages 45307-45308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19556]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-267]


WTO Dispute Settlement Proceeding Regarding United States 
Subsidies to Upland Cotton

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 March 18, 2003, a dispute settlement panel was 
established at the request of the Government of Brazil under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO'') 
to examine ``subsidies provided to U.S. producers, users and/or 
exporters of upland cotton.'' Brazil alleges that these subsidies are 
inconsistent with the obligations of the United States under the 
General Agreement on Tariffs and Trade 1994 (``GATT 1994''), the 
Agreement on Agriculture (``Agriculture Agreement''), and the Agreement 
on Subsidies and Countervailing Measures (``Subsidies Agreement''). 
USTR invites

[[Page 45308]]

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 August 15, 2003, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) Electronically, to 
[email protected], Attn: ``United States--Subsidies on Upland Cotton'' in 
the subject line, or (ii) by fax, to Sandy McKinzy (Attn: United 
States--Subsidies on Upland Cotton) at 202-395-3640, with a 
confirmation copy sent electronically to the e-mail address above.

FOR FURTHER INFORMATION CONTACT: Juan A. Mill[aacute]n, Assistant 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC (202) 395-3581, or Sharon Bomer 
Lauritsen, Deputy Assistant USTR for Agricultural Affairs, (202) 395-
6127.

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 February 6, 2003, Brazil requested the establishment of 
a WTO dispute settlement panel to examine Brazil's allegations 
concerning ``subsidies provided to U.S. producers, users and/or 
exporters of upland cotton.'' On March 18, 2003, a WTO dispute 
settlement panel was established to consider this matter, and on May 
19, 2003, the panel was composed by the WTO Direct General. The panel, 
which will hold its meetings in Geneva, Switzerland, is expected to 
issue a report on its findings and recommendations in January 2004. 
Argentina, Australia, Benin, Canada, Chad, China, Chinese Taipei, the 
European Communities, India, New Zealand, Pakistan, Paraguay, and 
Venezuela have notified the WTO of their intention to participate as 
third parties.

Major Issues Raised by Brazil

    Brazil has challenged alleged ``prohibited and actionable subsidies 
provided [by the United States] to U.S. producers, users and/or 
exporters of upland cotton, as well as legislation, regulations and 
statutory instruments and amendments thereto providing such subsidies 
(including export credit guarantees), grants, and any other assistance 
to the U.S. producers, users and exporters of upland cotton (`U.S. 
upland cotton industry').'' Specific programs identified by Brazil 
include marketing loans, loan deficiency payments, commodity 
certificates, direct payments, counter-cyclical payments, Step 2 
certificate payments, export credit guarantees, and crop insurance.
    Brazil contends that these U.S. measures, as such and as applied, 
are inconsistent with the obligations of the United States under 
Articles III:4, XVI:1, and XVI:3 of the GATT 1994; Articles 3.3, 7.1, 
8, 9.1, and 10.1 of the Agriculture Agreement; and Articles 3.1(a), 
3.1(b), 3.2, 5(a), 5(c), 6.3(b), 6.3(c), 6.3(d), and item (j) of the 
Illustrative List of Export Subsidies of the Subsidies 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 fax to Sandy McKinzy at 202-395-
3640, or transmit a copy electronically to [email protected], with 
``United States--Subsidies on Upland Cotton'' in the subject line. For 
documents sent by fax, USTR requests that the submitter provide a 
confirmation copy electronically. 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 by 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(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'' 
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, 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 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. 03-19556 Filed 7-31-03; 8:45 am]
BILLING CODE 3190-01-M