[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Notices]
[Pages 35495-35496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12023]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS317]


WTO Dispute Settlement Proceeding Regarding United States--
Measures Affecting Trade in Large Civil Aircraft

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 European 
Communities (``EC'') for the establishment of a dispute settlement 
panel under the Marrakesh Agreement Establishing the World Trade 
Organization (``WTO Agreement'') to examine certain U.S. measures 
affecting trade in large civil aircraft (``LCA''). The request for the 
establishment of a panel alleges that such measures are inconsistent 
with various provisions of the Agreement on Subsidies and 
Countervailing Measures (``SCM Agreement'') and the General Agreement 
on Tariffs and Trade 1994 (``GATT 1994''). 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 22, 2005 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ''United States--Aircraft (DS317)'' in the 
subject line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640, with 
a confirmation copy sent electronically to the e-mail address above.

FOR FURTHER INFORMATION CONTACT: Willis S. Martyn III, Associate 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC 20508, (202) 395-3581; or Jonathan S. 
Kallmer, Assistant General Counsel, Office of the United States Trade 
Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395-
3150.

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 panel has been requested pursuant to the 
Understanding on Rules and Procedures Governing the Settlement of 
Disputes (``DSU''). The EC's request for the establishment of a panel 
may be found at http://www.wto.org contained in a document designated 
as WT/DS317/2. If 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 and Legal Basis of the Complaint

    On October 6, 2004, the EC requested consultations with the United 
States with respect to certain U.S. measures affecting trade in LCA. 
Consultations were held on November 5, 2004.
    On May 31, 2005, the EC requested the establishment of a panel 
pursuant to Article 6 of the DSU, Article XXIII:2 of the GATT 1994, and 
Articles 4, 7, and 30 of the SCM Agreement with respect to such 
measures. In its request, the EC alleges that such measures are 
inconsistent with Articles 3.1(a), 3.1(b), 3.2, 5(a), 5(c), 6.3(a), 
6.3(b), and 6.3(c) of the SCM Agreement and Article III:4 of the GATT 
1994. In particular, the EC claims that WTO-inconsistent subsidies were 
provided to the U.S. LCA industry by:
    1. State and local governments in the States of Washington, Kansas, 
and Illinois through financial incentives such as tax advantages, bond 
financing, lease arrangements, corporate headquarters relocation 
assistance, research funding, infrastructure measures, and other 
measures;
    2. The National Aeronautics and Space Administration (``NASA''), 
Department of Defense (``DoD''), and Department of Commerce (``DOC'') 
through research and development (``R&D'') contracts, allowances, and 
other programs;
    3. NASA, DoD, and DOC through the waiver of patent rights, the 
protection of trade secrets, and the granting of exclusive rights to 
data;
    4. NASA and DoD through the procurement of goods on better than 
commercial terms;
    5. NASA and DoD through the provision of personnel and research, 
test, and evaluation facilities support on a non-commercial basis;
    6. The Department of Labor through a grant of funds to Edmonds 
Community College in the State of Washington; and
    7. The U.S. Government through the Federal tax system, specifically 
through the American Jobs Creation Act of 2004, among other measures.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the EC s request for the establishment 
of a panel. 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--Aircraft (DS317)'' 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

[[Page 35496]]

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 submitter believes that information 
or advice may qualify as such, the submitter--
    (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 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 p.m. 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. 05-12023 Filed 6-17-05; 8:45 am]
BILLING CODE 3190-W5-P