[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Notices]
[Pages 35496-35497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12024]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS316]


WTO Dispute Settlement Proceeding Regarding European Communities 
and Certain Member 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 that on May 31, 2005, in accordance with 
the Marrakesh Agreement Establishing the World Trade Organization 
(``WTO Agreement''), the United States requested the establishment of a 
dispute settlement panel to examine certain measures of the European 
Communities (``EC'') and of Germany, France, the United Kingdom, and 
Spain (``member States[rdquo)] affecting trade in large civil aircraft 
(``LCA''). The request 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 ``European Communities and Certain Member 
States--Aircraft (DS316)'' 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: David J. Ross, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-3581; or William D. 
Hunter, Associate General Counsel, Office of the United States Trade 
Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395-
3582.

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 U.S. request for the establishment of a panel 
may be found at www.wto.org contained in a document designated as WT/
DS316/2. 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 United States requested consultations with 
the EC and the Governments of the member States with respect to certain 
measures of the EC and the member States affecting trade in LCA. 
Consultations were held on November 4, 2004.
    On May 31, 2005, the United States 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 United States alleges that such 
measures are inconsistent with Articles 3.1(a), 3.2, 5(a), 5(c), 
6.3(a), 6.3(b), and 6.3(c) of the SCM Agreement and Article XVI:1 of 
the GATT 1994. In particular, the measures that the United States 
claims are WTO-inconsistent subsidies include:
    1. The provision by the member States of financing for LCA design 
and development to the Airbus companies on non-commercial terms, such 
as financing with no interest rates, below-market interest rates, or 
repayment obligations tied to sales (``launch aid'');
    2. The provision by the EC and the member States, through the 
European Investment Bank, of financing to the Airbus companies for LCA 
design, development, and other purposes;
    3. The provision by the EC and the member States of financial 
contributions to develop, expand, and upgrade facilities and other 
infrastructure for the Airbus companies;
    4. The assumption and forgiveness by the EC and the member States 
of debt resulting from launch aid and other financing for LCA 
development and production;
    5. The provision by the EC and the member States to the Airbus 
companies of equity infusions and grants, including through government-
owned and government-controlled banks;
    6. The provision by the EC and the member States of financial 
contributions for aeronautics-related research, development, and 
demonstration undertaken by Airbus or to the benefit of Airbus; and
    7. Any other measures that involve a financial contribution by the 
EC or any of the member States that benefit the Airbus companies.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning

[[Page 35497]]

the issues raised in the United States 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 ``European Communities and Certain Member 
States--Aircraft (DS316)'' 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 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. 05-12024 Filed 6-17-05; 8:45 am]
BILLING CODE 3190-W5-P