[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Notices]
[Pages 7497-7498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3291]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS384 and WTO/DS386]
WTO Dispute Settlement Proceeding Regarding United States--
Certain Country of Origin Labeling Requirements
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 the United States received requests
for consultations under the Marrakesh Agreement Establishing the World
Trade Organization (``WTO Agreement'') concerning certain mandatory
country of origin labeling (COOL) requirements from Canada in a letter
dated December 1, 2008 and from Mexico in a letter dated December 17,
2008. Those requests may be found at http://www.wto.org contained in
documents designated as WT/DS384/1 for Canada and WT/DS386/1 for
Mexico. 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 dispute settlement proceedings, comments should be
submitted on or before March 13, 2009 to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2009-0004. If you are unable to
provide submissions by http://www.regulations.gov, please contact Sandy
McKinzy at (202) 395-9483 to arrange for an alternative method of
transmission. If (as explained below), the comment contains
confidential information, then the comment should be submitted by fax
only to Sandy McKinzy at (202) 395-3640.
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 Canada
On December 1, 2008, Canada requested consultations regarding U.S.
mandatory COOL. Canada challenges the COOL provisions in the
Agricultural Marketing Act of 1946, as amended by the Food,
Conservation, and Energy Act, 2008 (2008 Farm Bill), and implemented in
the U.S. Department of Agriculture Interim Final Rule published on
August 1, 2008. These measures contain an obligation to inform
consumers at the retail level of the country of origin of covered
commodities, including beef and pork. Canada notes that the eligibility
of a covered commodity for designation as exclusively U.S. origin
occurs only when the covered commodity is derived from an animal that
is exclusively born, raised, and slaughtered in the United States. It
further notes that such a designation of U.S. origin excludes covered
commodities from livestock that is exported to the United States for
feed or immediate slaughter.
Canada alleges that the U.S. measures appear to be inconsistent
with the
[[Page 7498]]
General Agreement on Tariffs and Trade 1994 (GATT 1994), Articles
III:4, IX:4, and X:3, the Agreement on Technical Barriers to Trade,
Article 2 or in the alternative, the Agreement on the Application of
Sanitary and Phytosanitary Measures, Articles 2, 5, and 7, and the
Agreement on Rules of Origin, Article 2. Additionally, Canada alleges
these violations nullify or impair the benefits accruing to Canada
under those Agreements and further appear to nullify or impair the
benefits accruing to Canada in the sense of GATT 1994, Article
XXIII:1(b).
Major Issues Raised by Mexico
On December 17, 2008, Mexico requested consultations regarding U.S.
mandatory COOL. Mexico challenges the COOL provisions in the
Agricultural Marketing Act of 1946, as amended by the Farm, Security,
and Rural Investment Act of 2002 and the Food, Conservation, and Energy
Act, 2008, and implemented by the regulations published in 7 CFR part
60 and 65. Mexico alleges that for certain products, the determination
of national origin deviates considerably from international country of
origin labeling standards, which has not been justified as necessary to
fulfill a legitimate objective.
Mexico further alleges that the U.S. measures appear to be
inconsistent with the General Agreement on Tariffs and Trade 1994 (GATT
1994), Articles III, IX, and X, the Agreement on Technical Barriers to
Trade, Article 2 or in the alternative, the Agreement on the
Application of Sanitary and Phytosanitary Measures, Articles 2, 5, and
7, and the Agreement on Rules of Origin, Article 2. Additionally,
Mexico alleges these violations nullify or impair the benefits accruing
to Mexico under those Agreements and further appear to nullify or
impair the benefits accruing to Mexico in the sense of GATT 1994,
Article XXIII:1(b).
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit public
comments electronically to http://www.regulations.gov docket number
USTR-2009-0004. If you are unable to provide submissions by http://www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to
arrange for an alternative method of transmission.
To submit comments via http://www.regulations.gov, enter docket
number USTR-2009-0004 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 submitted by fax
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the
confidential information must be submitted to http://www.regulations.gov. 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.
Any comment containing confidential information must be submitted
by fax to Sandy McKinzy at (202) 395-3640. A non-confidential summary
of the confidential information must be submitted to http://www.regulations.gov or by fax. 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 open to public inspection may be viewed on
the http://www.regulations.gov Web site.
Daniel Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E9-3291 Filed 2-13-09; 8:45 am]
BILLING CODE 3190-W9-P