[Federal Register Volume 72, Number 233 (Wednesday, December 5, 2007)]
[Notices]
[Pages 68609-68610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23575]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-365; WTO/DS-357]


WTO Dispute Settlement Proceedings Regarding U.S. Domestic 
Support for Agricultural Products

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that on November 8, 2007, Brazil 
requested the establishment of a dispute settlement panel under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') regarding U.S. domestic support measures for agricultural 
products. That request may be found at http://www.wto.org contained in 
a document designated as WT/DS365/13. USTR is also providing notice 
that on the same date, Canada made a revised request for the 
establishment of a dispute settlement panel under the WTO Agreement in 
a similar dispute. Canada's request may be found at http://www.wto.org 
contained in a document designated as WT/DS357/12. USTR invites written 
comments from the public concerning the issues raised in these 
disputes.

DATES: Although USTR will accept any comments received during the 
course of the consultations, comments should be submitted on or before 
February 1, 2008 to be assured of timely consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ``Agricultural Subsidies (DS357 and 365)'' in 
the subject line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640. 
For documents sent by fax, USTR requests that the submitter provide a 
confirmation copy to the electronic mail address listed above.

FOR FURTHER INFORMATION CONTACT: David Yocis, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC., (202) 395-6150.

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. Consistent with this obligation, USTR is providing notice that 
the establishment of a dispute settlement panel has been requested 
pursuant to the WTO Understanding on Rules and Procedures Governing the 
Settlement of Disputes (``DSU'') in each of these disputes. If such a 
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

    In the requests for the establishment of a panel, Brazil and Canada 
allege that the United States has provided support to domestic 
agricultural producers in excess of U.S. commitments with respect to 
the Aggregate Measurement of Support (``AMS'') as described in Article 
6.2 of the WTO Agreement on Agriculture and the U.S. WTO schedule of 
commitments. According to Brazil and Canada, the United States has 
provided domestic support in excess of its AMS commitments in each of 
the

[[Page 68610]]

years 1999, 2000, 2001, 2002, 2004, and 2005, in breach of Article 3.2 
of the WTO Agreement on Agriculture. The revised request for the 
establishment of a panel submitted by Canada supersedes Canada's prior 
request for the establishment of a panel from Canada (see 72 FR 39,467 
(July 18, 2007)), which Canada has withdrawn.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the disputes. Comments should be 
submitted (i) electronically, to [email protected], with 
``Agricultural Subsidies (DS357 and 365)'' in the subject line, or (ii) 
by fax, to Sandy McKinzy at (202) 395-3640. For documents sent by fax, 
USTR requests that the submitter provide a confirmation copy to the 
electronic mail address listed 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 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.
    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 these dispute settlement proceedings, 
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 disputes; 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. An appointment to 
review the public file (Docket WTO/DS-357 and DS-365, Ag Subsidies 
Disputes) 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. E7-23575 Filed 12-4-07; 8:45 am]
BILLING CODE 3190-W8-P