[Federal Register Volume 72, Number 169 (Friday, August 31, 2007)]
[Notices]
[Pages 50418-50419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17358]


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OFFICE OF THE UNITED STATES 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 in accordance with the Marrakesh Agreement 
Establishing the World Trade Organization (WTO Agreement), the United 
States has requested the establishment of a dispute settlement panel 
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/DS360/5. 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, comments should be submitted on or before 
September 14, 2007 to be assured of timely consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ``India Alcohol Duties (DS/360)'' 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 20508, (202) 395-3150.

SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay 
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing 
notice that the United States has requested the establishment of a WTO 
dispute settlement panel pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes (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

    India imposes an additional duty and an extra additional duty on 
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'')

[[Page 50419]]

     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 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.
    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 to also 
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-340, China Auto Parts Dispute) may be made 
by calling the USTR Reading Room at (202) 395-6186.

Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
 [FR Doc. E7-17358 Filed 8-30-07; 8:45 am]
BILLING CODE 3190-W7-P