[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Notices]
[Pages 8655-8656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3368]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-320]


WTO Dispute Settlement Proceeding Regarding United States--
Continued Suspension of Obligations in the EC--Hormones Dispute

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 January 13, 2005, the United 
States received from the European Communities (``EC'') a request for 
the establishment of a panel under the Marrakesh Agreement Establishing 
the World Trade Organization (``WTO Agreement'') regarding the U.S. 
suspension of obligations to the EC in the WTO dispute European 
Communities--Measures Concerning Meat and Meat Products (Hormones). The 
EC asserts that it has put into force new legislation that brings it 
into conformity with the recommendations and rulings of the Dispute 
Settlement Body (``DSB'') and its obligations under the WTO Agreement 
on the Application of Sanitary and Phytosanitary Measures (``SPS 
Agreement''). The EC therefore challenges the continued U.S. suspension 
of obligations and imposition of import duties in excess of bound rates 
on imports from the EC, the alleged U.S. ``unilateral determination'' 
that the new EC legislation is in

[[Page 8656]]

violation of the EC's WTO obligations, and the alleged U.S. failure to 
have recourse to WTO dispute settlement proceedings. In particular, the 
EC asserts that by failing to discontinue suspension of obligations to 
the EC, the United States has breached its obligations under Articles I 
and II of the General Agreement on Tariffs and Trade 1994 (``GATT 
1994'') and Articles 3.7, 21.5, 22.8 and 23.2(a) and (c) of the 
Understanding on Rules and Procedures Governing the Settlement of 
Disputes (``DSU''). 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 April 1 to be assured of timely consideration by 
USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ``EC--Hormones (DS320)'' in the subject line, 
or (ii) by fax, to Sandy McKinzy at (202) 395-3640, with a confirmation 
copy sent electronically to the address above, in accordance with the 
requirements for submission set out below.

FOR FURTHER INFORMATION CONTACT: Jay T. Taylor, Assistant General 
Counsel, Office of the United States Trade Representative, (202) 395-
9583.

SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round 
Agreements Act (``URAA'') (19 U.S.C. 3537(b)) 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. Consistent with this obligation, USTR is providing notice that 
the establishment of a WTO dispute settlement panel has been requested 
pursuant to the DSU. The EC's request for the establishment of a panel 
may found at www.wto.org contained in a document designated as WT/
DS320/6. Once a panel is established, 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 EC

    With respect to the claims of WTO-inconsistency, the EC's panel 
request refers to the following:
     the U.S. continued suspension of obligations and 
imposition of import duties in excess of bound rates on imports from 
the EC;
     the alleged U.S. ``unilateral determination'' that new EC 
legislation is in violation of obligations under the WTO Agreement; and
     the alleged failure of the United States to seek recourse 
to Article 21.5 of the DSU and to have recourse to, and abide by, the 
rules and procedures of the DSU.

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 
``EC--Hormones (DS320)'' 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.
    Comments must be in English. 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 designated as such and the submission must be 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 clearly 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/DS320, EC--Hormones), 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. 05-3368 Filed 2-18-05; 8:45 am]
BILLING CODE 3190-W5-P