[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Notices]
[Pages 19554-19555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7376]


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TRADE REPRESENTATIVE

[Docket No. WTO/DS-360]


WTO Dispute Settlement Proceeding Regarding India--Additional and 
Extra Additional Duties on Imports

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 March 6, 2007, in accordance with the 
Marrakesh Agreement Establishing the World Trade Organization (WTO 
Agreement), the United States requested consultations regarding 
additional and extra additional duties India applies to imports from 
the United States. India applies these duties to products that include, 
but are not limited to, imports of wines and distilled spirits. That 
request may be found at www.wto.org contained in a document designated 
as WT/DS360/1. 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 
May 7, 2007 to be assured of timely consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ``India Alcohol Duties (DS360)'' 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: Amy A. Karpel, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC, (202) 395-3150.

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 nine months after it is established.

Major Issues Raised by the United States

    On March 6, 2007, the United States requested consultations with 
India regarding additional and extra additional duties India applies to 
imports from the United States. India applies these duties to products 
that include, but are not limited to, imports of wines and distilled 
spirits. These duties appear to subject imports to ordinary customs 
duties or other duties or charges in excess of those in India's WTO 
Tariff Schedule. These duties include the following, as well as any 
amendments and related or implementing measures:
     Sections 2 and 3, and First Schedule, of the Customs 
Tariff Act, 1975; (``basic customs duty,'' ``additional duty'' and 
``extra additional duty'').
     Section 12 of the Customs Act, 1962 (``basic customs 
duty'').
     Customs Notification No. 5/2004 (January 8, 2004) (``basic 
customs duty'' inter alia on spirits);
     Customs Notification No. 20/1997 (March 1, 1997) (``basic 
customs duty'' inter alia on wine);
     Customs Notification No. 32/2003 (March 1, 2003) 
(``additional duty'' inter alia on wine and spirits); and
     Customs Notification No. 19/2006 (March 1, 2006) (``extra 
additional duty'' inter alia on wine and spirits).
    As a result of the duties, products from the United States do not 
appear to be exempt from ordinary customs duties or other charges in 
excess of those set forth in India's WTO Tariff Schedule and appear to 
be accorded less favorable treatment than that provided for in India's 
WTO Tariff Schedule. Even if these duties were considered to be 
internal taxes applied at the time of importation, the duties appear to 
subject imports from the United States to internal taxes in excess of 
those applied to like domestic products or directly competitive or 
substitutable domestic products
    USTR believes these measures are inconsistent with India's 
obligations under Article II:1(a) and (b), Articles III:2 and III:4 of 
the General Agreement on Tariffs and Trade 1994.

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 ``India 
Alcohol Duties (DS360)'' 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.

[[Page 19555]]

    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. 
Persons who submit confidential business information are encouraged 
also to provide a non-confidential summary of the information.
    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 or in the event 
of an appeal from such a panel, the U.S. submissions, the submissions, 
or non-confidential summaries of submissions, received from other 
participants in the dispute; the report of the panel; and, if 
applicable, the report of the Appellate Body. The USTR Reading Room is 
open to the public, by appointment only, from 10 a.m. to noon and 1 
p.m. to 4 p.m., Monday through Friday. An appointment to review the 
public file (Docket WTO/DS-360, India Alcohol Duties Dispute) may be 
made by calling the USTR Reading Room at (202) 395-6186.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
 [FR Doc. E7-7376 Filed 4-17-07; 8:45 am]
BILLING CODE 3190-W7-P