[Federal Register Volume 69, Number 118 (Monday, June 21, 2004)]
[Notices]
[Pages 34415-34416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13946]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-295]


WTO Dispute Settlement Proceeding Regarding Mexican Antidumping 
Measure on Long-Grain White Rice and Mexico's Foreign Trade Act

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 November 7, 2003, the WTO, at the request of 
the United States, established a WTO dispute settlement panel to 
examine Mexico's definitive antidumping measure on U.S. long-grain 
white rice and certain provisions of Mexico's Foreign Trade Act. 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 July 15, 2004 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ``Mexico Rice Dispute (DS295)'' in the subject 
line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640, with a 
confirmation copy sent electronically to the electronic mail address 
above, in accordance with the requirements for submission set out 
below.

[[Page 34416]]


FOR FURTHER INFORMATION CONTACT: David J. Ross, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC, (202) 395-6139.

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. If a dispute settlement panel is established pursuant to the WTO 
Dispute Settlement Understanding (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 United States

    On June 5, 2002, Mexico published in the Diario Oficial its 
definitive antidumping measure on long-grain white rice from the United 
States. The United States believes this measure to be inconsistent with 
several provisions of the WTO Antidumping Agreement, including Articles 
1, 3, 4, 5, 6, 9, 11, 12, and Annex II. The United States also believes 
that the measure is inconsistent with Articles I and VI of the GATT 
1994. The U.S. concerns relate, inter alia, to the manner in which 
Mexico conducted its dumping and injury investigations; Mexico's 
calculation of the antidumping margins that it applied to exporters 
that did not receive individual margins; and Mexico's non-transparent 
determinations.
    The United States is also challenging certain provisions of 
Mexico's Foreign Trade Act that appear to be inconsistent with Mexico's 
obligations under various provisions of the Antidumping Agreement and 
the Agreement on Subsidies and Countervailing Measures. The provisions 
at issue include Article 53, which sets the deadline for interested 
parties to present arguments, information, and evidence to the 
investigating authorities; Article 64, which establishes how Mexican 
investigating authorities will apply the ``facts available'' in 
calculating antidumping and countervailing duty margins; Article 68, 
which establishes rules for conducting reviews of exporters; Article 
89D, which applies to ``new shipper'' reviews; and Article 93V, which 
provides for the application of fines on importers that enter products 
subject to antidumping and countervailing duty investigations.
    The United States is also challenging Article 366 of Mexico's 
Federal Code of Civil Procedure, as well as Articles 68 and 97 of the 
Foreign Trade Act. Mexican officials have represented to the United 
States that these provisions prevent Mexico from conducting reviews of 
antidumping or countervailing duty orders while a judicial review of 
the order is ongoing.
    The U.S. panel request, which sets out the U.S. claims in detail, 
can be downloaded from the WTO Web site, at http://docsonline.wto.org:80/DDFDocuments/t/WT/DS/295-2.doc.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this 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 
``Mexico Rice Dispute (DS295)'' in the subject line. For documents sent 
by fax, USTR requests that the submitter provide a confirmation copy to 
the electronic mail address listed above.
    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(g)(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 each page of the cover page and each 
succeeding page; 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; 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 No. WT/DS-295, Mexico Rice Dispute) 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.

Bruce R. Hirsh,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 04-13946 Filed 6-18-04; 8:45 am]
BILLING CODE 3190-W4-P