[Federal Register Volume 73, Number 225 (Thursday, November 20, 2008)]
[Notices]
[Pages 70388-70390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27658]


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

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS381]


WTO Dispute Settlement Proceeding Regarding United States--
Measures Concerning the Importation, Marketing and Sale of Tuna and 
Tuna 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

[[Page 70389]]

providing notice that on October 24, 2008, Mexico requested 
consultations with the United States under the Marrakesh Agreement 
Establishing the World Trade Organization (``WTO Agreement'') 
concerning U.S. limitations on the use of a dolphin-safe label for tuna 
and tuna products. That request may be found at http://www.wto.org 
contained in a document designated as WT/DS381/1. 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 dispute settlement proceedings, comments should be 
submitted on or before December 23, 2008 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically to http://www.regulations.gov, docket number USTR-2008-0038, 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: Priti Seksaria Agrawal, Associate 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC 20508, (202) 395-9439.

SUPPLEMENTARY INFORMATION: 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 Mexico

    On October 24, 2008, Mexico requested consultations regarding U.S. 
limitations on the use of a dolphin-safe label for tuna and tuna 
products. Mexico challenges three U.S. measures: (1) The Dolphin 
Protection Consumer Information Act (19 U.S.C. 1385); (2) certain 
dolphin-safe labeling regulations (50 CFR 216.91-92); and (3) the Ninth 
Circuit decision in Earth Island v. Hogarth, 494 F.3d. 757 (9th Cir. 
2007), and alleges that these measures have the effect of prohibiting 
Mexican tuna and tuna products from being labeled dolphin-safe. 
Specifically, Mexico alleges that its tuna and tuna products are 
accorded less favorable treatment than like products of national origin 
and like products originating in other countries and are not 
immediately and unconditionally accorded any advantage, favor, 
privilege, or immunity granted to like products in other countries. 
Mexico further alleges that the U.S. measures create unnecessary 
obstacles to trade and are not based on an existing international 
standard. Finally, Mexico alleges that the U.S. procedures for 
assessing conformity with the dolphin-safe labeling requirement create 
unnecessary obstacles to trade and do not grant access to Mexican 
suppliers under conditions that are no less favorable than those 
accorded to suppliers of like products of national origin or 
originating in any other country under comparable circumstances. Mexico 
alleges that the U.S. measures appear to be inconsistent with the 
General Agreement on Tariffs and Trade 1994, Articles I and III, and 
the Agreement on Technical Barriers to Trade, Articles 2, 5, 6, and 8.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this dispute. Persons may submit their 
comments either (i) electronically to http://www.regulations.gov docket 
number USTR-2008-0038, 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.
    To submit comments via http://www.regulations.gov, enter docket 
number USTR-2008-0038 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. 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.
    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. 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.
    USTR will maintain a docket on this dispute settlement proceeding, 
accessible to the public. 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, any non-confidential 
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.
    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-

[[Page 70390]]

0038 in the search field on the home page.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. E8-27658 Filed 11-19-08; 8:45 am]
BILLING CODE 3190-W9-P