[Federal Register Volume 70, Number 233 (Tuesday, December 6, 2005)]
[Notices]
[Pages 72686-72687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6905]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-334]


WTO Dispute Settlement Proceeding Regarding Turkey--Measures 
Affecting the Importation of Rice

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 2, 2005, in accordance with the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement''), the United States requested consultations regarding 
Turkey's import licensing regime and domestic purchase requirement on 
imports of rice. That request may be found at http://www.wto.org 
contained in a document designated as WT/DS334/1. 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 consultations, comments should be submitted on or before 
January 1, 2006 to be assured of timely consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ``Turkey Rice (DS334)'' 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.

FOR FURTHER INFORMATION CONTACT: Jeff Weiss, Assistant General Counsel, 
Office of the United States Trade Representative, 600 17th Street, NW., 
Washington, DC, (202) 395-4498.

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. In an effort to provide additional opportunity for comment, USTR 
is providing notice that consultations have been requested pursuant to 
the WTO Understanding on Rules and Procedures Governing the Settlement 
of Disputes (``DSU''). If such consultations should fail to resolve the 
matter and a dispute settlement panel is established pursuant to the 
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 November 2, 2005, the United States requested the establishment 
of a panel regarding Turkey's import licensing regime and domestic 
purchase requirement on imports of rice. Those measures include:
     Decree No. 96/7794 related to the General Assessment of 
the Regime Regarding Technical Regulations and Standardization for 
Foreign Trade (Official Gazette, No. 22541, February 1, 1996, Repeated)
     Decision of the board of ministers: Decree No. 2004/7135 
related to the implementation of a tariff quota for certain types of 
paddy rice and rice types imports (Official Gazette, No. 25439, April 
20, 2004);
     A notification related to implementation of tariff quotas 
for certain types of paddy and rice imports, from the Foreign Trade 
Undersecretariat (Official Gazette, No. 25445, April 27, 2004);
     Decision of the board of ministers: Decree No. 2004/7333 
related to the management of quota and tariff contingent on import 
(Official Gazette, No. 25473, May 26, 2004);
     Decision of the board of ministers: Decree No. 2004/7756 
related to the implementation of a tariff contingent on the import of 
certain paddy rice and rice types (Official Gazette, No. 25565, August 
27, 2004);
     A notification about the implementation of a tariff 
contingent on the import of certain paddy rice and rice types, from the 
Foreign Trade Undersecretariat (Official Gazette, No. 25577, September 
8, 2004);
     A notification on Standardization in Foreign Trade, 
Notification No. 2005/05 (Official Gazette, No. 25687, December 31, 
2004);
     A notification about the amendment of the notification 
related to the implementation of a tariff contingent on the import of 
certain paddy rice and rice types, from the Foreign Trade 
Undersecretariat (Official Gazette, No. 25767, March 26, 2005);
     A notification about the amendment of the notification 
related to the implementation of a tariff contingent (customs duty) on 
the import of certain paddy rice and rice types, from the Foreign Trade 
Undersecretariat (Official Gazette, No. 25812, May 11, 2005);
     Decision of the board of ministers: Decree No. 2005/9315 
related to the implementation of a tariff contingent on the import of 
certain types of paddy rice and rice types (Official Gazette, No. 
25935, September 13, 2005);
     A notification related to the implementation of a tariff 
contingent on the import of certain paddy rice and rice types, from the 
Foreign Trade Undersecretariat (Official Gazette, No. 25943, September 
21, 2005); and
     Any amendments or extensions to these measures, and any 
related or implementing measures.

[[Page 72687]]

    Under Turkey's import regime for rice, Turkey requires an import 
license to import rice. However, Turkey appears to fail to grant 
licenses to import rice at the bound rate of duty. In addition, Turkey 
operates a tariff-rate quota for rice imports requiring that in order 
to import specified quantities of rice at reduced tariff levels, 
importers must purchase specified quantities of domestic rice, 
including from the Turkish Grain Board (TMO), Turkish producers, or 
producer associations (``the domestic purchase requirement''). Turkey 
appears to administer the domestic purchase requirement through its 
import licensing regime.
    USTR believes these measures are inconsistent with Turkey's 
obligations under Article 2.1 and paragraph 1(a) of Annex 1 of the 
TRIMs Agreement; Articles III (including paragraphs 4, 5, and 7) and 
XI:1 of the GATT 1994; Article 4.2 of the Agriculture Agreement; and 
Articles 1.2, 1.3, 1.4, 1.5, 1.6, 3.2, 3.3, 3.5(a), 3.5(b), 3.5(d), 
3.5(e), 3.5(f), 3.5(g), 3.5(h), 3.5(k), 5.1, 5.2, 5.3, and 5.4 of the 
Import Licensing Agreement.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. Comments should be 
submitted (i) electronically, to [email protected], with ``Turkey Rice 
(DS334)'' 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. 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 commenter. Confidential business information must be 
clearly designated as such and ``BUSINESS CONFIDENTIAL'' must be marked 
at the top and bottom of the cover page and each succeeding page.
    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; 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 WTO/DS-334, Turkey 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 noon and 1 p.m. to 4 p.m., Monday 
through Friday.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
 [FR Doc. E5-6905 Filed 12-5-05; 8:45 am]
BILLING CODE 3190-W6-P