[Federal Register Volume 73, Number 216 (Thursday, November 6, 2008)]
[Notices]
[Pages 66066-66074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26545]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. USTR-2008-0036]
Review of Action Taken in Connection With WTO Dispute Settlement
Proceedings on the European Communities' Measures Concerning Meat and
Meat Products
AGENCY: Office of the United States Trade Representative.
ACTION: Request for comments.
-----------------------------------------------------------------------
SUMMARY: The interagency section 301 Committee is soliciting written
comments on possible modifications to the action taken by the United
States Trade Representative (``Trade Representative'') in connection
with the World Trade Organization (``WTO'') authorization in the EC-
Beef Hormones dispute to the United States to suspend concessions and
related obligations with respect to the European Communities (``EC'').
The EC-Beef Hormones dispute concerned the EC's ban on the import of
U.S. meat and meat products produced from animals treated with any of
six hormones for growth promotion purposes. Annex I to this notice
contains a list of EC products with respect to which the United States
is currently imposing increased rates of duty (100 percent ad valorem)
pursuant to the WTO's authorization. Annex II to this notice contains a
list of potential alternative products under consideration for the
imposition of increased duties. Comments are requested with respect to
(i) whether products listed in Annex I should be removed from the list
or remain on the list (and if a product remains on the list, whether
the currently applied rate of duty should be increased), (ii) whether
products listed in Annex II should be included on a revised list and be
subjected to increased rates of duty, and (iii) the products of which
member States of the EC should be subjected to increased rates of duty.
DATES: To be assured of consideration, comments should be submitted by
5 p.m. on December 8, 2008.
ADDRESSES: Comments should be submitted (i) electronically via the
Internet at http://www.regulations.gov, 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 http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Gwendolyn Diggs, Staff Assistant to
the section 301 Committee, (202) 395-5830, for questions concerning
procedures for filing submissions in response to this notice; Roger
Wentzel, Director, Agricultural Affairs, (202) 395-6127 or David
Weiner, Director for the European Union, (202) 395-4620 for questions
concerning the EC-Beef Hormones dispute; or William Busis, Associate
General Counsel (202) 395-3150 and Chair of the Section 301 Committee,
for questions concerning procedures under Section 301. For further
information on using the http://www.regulations.gov Web site, please
consult the resources provided on the Web site by clicking on ``How to
Use This Site'' on the left side of the home page.
SUPPLEMENTARY INFORMATION:
A. The EC-Beef Hormones Case
The EC bans the import of beef and beef products produced from
animals to which any of six hormones \1\ have been administered for
growth promotion purposes. The effect of the EC ban is to prohibit the
import of substantially all U.S.-produced beef and beef products. In
February 1998, the WTO Dispute Settlement Body (``DSB'') found that the
EC ban was inconsistent with EC obligations under the WTO Agreement. In
July 1999, a WTO arbitrator determined that the EC import ban on U.S.
beef and beef products has nullified or impaired U.S. benefits under
the WTO Agreement in the amount of $116.8 million each year. On July
26, 1999, the DSB authorized the
[[Page 66067]]
United States to suspend the application to the EC, and member States
thereof, of WTO tariff concessions and related obligations covering
trade in an amount of $116.8 million per year. Pursuant to that
authorization, the Office of the United States Trade Representative
(``USTR'') announced a list of EC products, reprinted in Annex I to
this notice, that would be subject to a 100 percent rate of duty
effective with respect to products entered, or withdrawn from
warehouse, for consumption on or after July 29, 1999. (See 64 FR
40638.)
Since that time, the United States and the EC have continued to
consult in an effort to resolve this dispute.
---------------------------------------------------------------------------
\1\ The six hormones at issue are estradiol 17-[beta],
testosterone, progesterone, zeranol, trenbolone acetate (``TBA'')
and melengestrol acetate (``MGA'').
---------------------------------------------------------------------------
The EC argues that EC legislation of 2003 implementing the import
ban on beef and beef products produced from animals treated with
certain hormones brought the EC into compliance with its WTO
obligations. In January 2005, the EC requested the establishment of a
WTO dispute settlement panel to consider the EC claim that the United
States was no longer authorized to suspend concessions as a result of
the EC's adoption of the new legislation implementing the import ban.
(See 70 FR 8655 for a description of this dispute brought by the EC.)
On October 16, 2008, the WTO Appellate Body issued a report
rejecting the EC claim and confirming that the July 1999 DSB
authorization to suspend concessions remains in effect unless and until
the DSB adopts a report finding that the EC has brought its measures
into compliance with WTO obligations.
B. Section 306 of the Trade Act of 1974, as Amended
Section 306(b)(2)(B) of the Trade Act provides for the periodic
review and revision of section 301 actions taken in the course of a WTO
dispute settlement proceeding. Section 306(b)(2)(B)(ii) provides
exceptions in the event that (1) the USTR and the section 301
petitioner (or, if USTR self-initiated the section 301 investigation,
the affected U.S. industry) agree that changing the action under
section 301 is unnecessary, or (2) resolution of the case is imminent.
Section 306 provides that the standard for revising actions is to
select changes that are most likely to result in implementation of the
DSB recommendations, or in achieving some other satisfactory resolution
of the dispute. The provision also requires that lists of products
subject to increased duties--both initially and after each of the
periodic changes--include reciprocal goods of the U.S. industries
affected by the measure at issue in the WTO dispute.
The USTR and the affected U.S. industry have agreed that changes in
the action taken under section 301 in connection with the EC-Beef
Hormones dispute have been unnecessary; accordingly, the exception
under section 306(b)(2)(B) is currently in effect.
As noted, on October 16, 2008, the WTO Appellate Body issued a
report confirming that DSB authorization to suspend concessions remains
in effect. No further WTO findings in this dispute are expected in the
immediate future. In these circumstances, and as reflected in this
notice, the Trade Representative is now considering revisions to the
action taken in connection with the EC-Beef Hormones dispute and is
revisiting the increased duties to ascertain whether any modifications
are necessary or appropriate. Neither the publication of this notice,
nor a possible decision by the Trade Representative to revise the prior
action, should be construed as a determination with respect to whether
or not the EC legislation of 2003 implementing the import ban on beef
and beef products is consistent with WTO rules.
C. Section 307 of the Trade Act of 1974, as Amended
Section 307 of the Trade Act of 1974, as amended, provides for a
review of actions taken under section 301, including actions taken in
connection with a WTO dispute settlement proceeding. In particular,
section 307 provides for the Trade Representative to conduct a review
of--
(A) The effectiveness in achieving the objectives of section 301
of--
(i) Such action, and
(ii) Other actions that could be taken (including actions against
other products or services), and
(B) The effects of such actions on the U.S. economy, including
consumers.
D. Request for Public Comments
In order to assist in a possible revision to the action in
accordance with section 306 of the Trade Act, and to provide
information in connection with a review under section 307 of the Trade
Act, the section 301 Committee seeks public comments with respect to
the specific products on the lists in the Annexes to this notice. Annex
I consists of products, which were drawn from the list in Annex II,
currently subject to 100 percent duties in connection with the EC-Beef
Hormones dispute. Annex II contains a list of alternative products
under consideration for the possible imposition of increased duties.
Concerning the products listed in Annex I, the section 301
Committee invites comments with respect to whether particular products
should be removed from the list or should remain on the list, and if a
product remains on the list, whether the current 100 percent rate of
duty is sufficiently high to achieve the objectives of encouraging a
satisfactory resolution of the dispute. Concerning products listed in
Annex II that are not currently subject to 100 percent duties, the
section 301 Committee invites comments with respect to whether
particular products should be included on a revised list and thus be
subject to increased duties, and with respect to the rate of duty that
would be best suited to the objective of encouraging a satisfactory
resolution of the dispute.
The comments sought by the section 301 Committee with respect to
particular products should address: (i) Whether maintaining or imposing
increased duties on a particular product would be practicable or
effective in terms of encouraging a favorable resolution of the
dispute, and (ii) whether maintaining or imposing increased duties on a
particular product would cause disproportionate economic harm to U.S.
interests, including small-or medium-size businesses and consumers. In
addition, the section 301 Committee requests comments on whether
actions with respect to particular products should be taken with
respect to products of all member States of the European Communities,
or whether action should be taken with respect to products of one or
more particular member States of the European Communities. The European
Communities currently has 27 member States: Austria, Belgium, Bulgaria,
Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain,
Sweden, and the United Kingdom.
In the annexed product lists, the items with respect to which
comments are requested are (1) classified in the indicated headings or
subheadings of the Harmonized Tariff Schedule of the United States
(``HTS''); and (2) the product of the indicated member States of the
European Communities. The product descriptions in the annexes are for
information purposes only; the product descriptions are not intended to
delimit in any way the scope of products that are the subject of this
notice. Rather, the numerical headings and subheadings of the HTS
listed in the annexes govern the scope of this notice. In the instances
where a 4-digit HTS heading appears in the left column
[[Page 66068]]
of the lists, comments are requested with respect to any of the
products classified in any of the 8-digit subheadings appearing in the
HTS indented under those 4-digit headings.
To be assured of consideration, written comments should be
submitted by 5 p.m. on December 8, 2008.
To submit comments via http://www.regulations.gov, enter docket
number USTR-2008-0036 on the home page and click ``go''. The site will
provide a search-results page listing all documents associated with
this docket. Find a reference to this notice by selecting ``Notice''
under ``Document Type'' on the left side of the search-results page,
and click on the link entitled ``Send a Comment or Submission.'' (For
further information on using the http://www.regulations.gov Web site,
please consult the resources provided on the Web site by clicking on
``How to Use This Site'' on the left side of the home page.)
The http://www.regulations.gov site provides the option of
providing comments by filling in a ``General Comments'' field, or by
attaching a document. Given the detailed nature of the comments sought
by the section 301 Committee, it is expected that most comments will be
provided in an attached document. If a document is attached, it is
sufficient to type ``See attached'' in the ``General Comments'' field.
Submissions must include on the first page a clear reference in
bold and/or underlining to the HTS number(s) and product(s) which are
the subject of the submission. Submissions must state clearly the
position taken and describe with specificity the supporting rationale
and must be written in English.
Comments will be placed in the docket and open to public inspection
pursuant to 15 CFR 2006.13, except confidential business information
exempt from public inspection in accordance with 15 CFR 2006.15 or
information determined by USTR to be confidential in accordance with 19
U.S.C. 2155(g)(2). Comments may be viewed on the http://www.regulations.gov Web site by entering docket number USTR-2008-0036
in the search field on the home page.
Persons wishing to submit business confidential information must
certify in writing that such information is confidential in accordance
with 15 CFR 2006.15(b), and such information must be clearly marked
``BUSINESS CONFIDENTIAL'' at the top and bottom of the cover page and
each succeeding page. Any comment containing business confidential
information must be accompanied by a non-confidential summary of the
confidential information. The non-confidential summary will be placed
in the docket and open to public inspection.
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) Must provide a non-confidential summary of the information or
advice.
The non-confidential summary will be placed in the docket and open
to public inspection.
William L. Busis,
Chair, Section 301 Committee.
BILLING CODE 3190-W9-P
[[Page 66069]]
[GRAPHIC] [TIFF OMITTED] TN06NO08.000
[[Page 66070]]
[GRAPHIC] [TIFF OMITTED] TN06NO08.001
[[Page 66071]]
[GRAPHIC] [TIFF OMITTED] TN06NO08.002
[[Page 66072]]
[GRAPHIC] [TIFF OMITTED] TN06NO08.003
[[Page 66073]]
[GRAPHIC] [TIFF OMITTED] TN06NO08.004
[[Page 66074]]
[GRAPHIC] [TIFF OMITTED] TN06NO08.005
[FR Doc. E8-26545 Filed 11-5-08; 8:45 am]
BILLING CODE 3190-W9-C