[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Notices]
[Pages 61200-61201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28046]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS389]


WTO Dispute Settlement Proceeding Regarding European 
Communities--Certain Measures Affecting Poultry Meat and Poultry Meat 
Products From the United States

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 on October 23, 2009, the United 
States requested the establishment of a panel under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO Agreement'') 
with respect to certain measures of the European Communities (``EC'') 
affecting the import and marketing of poultry products from the United 
States. That request may be found at www.wto.org contained in a 
document designated as WT/DS389/4. 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 January 8, 2010 to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2009-0005. 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: J. Sloane Strickler, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-6164.

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

[[Page 61201]]

Understanding on Rules and Procedures Governing the Settlement of 
Disputes (``DSU''). 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 by the United States

    The EC prohibits the import of poultry treated with any substance 
other than water unless that substance has been approved by the EC. The 
EC has not approved any other substance. Consequently, the EC prohibits 
the import of poultry that has been processed with chemical treatments 
(``pathogen reduction treatments'' or ``PRTs'') designed to reduce the 
amount of microbes on the meat, effectively prohibiting the shipment of 
virtually all U.S. poultry to the EC. The EC has not published or 
otherwise made available the process for approving a substance. The EC 
also maintains a measure regarding the marketing standards for poultry 
meat, which defines ``poultrymeat'' as only ``poultrymeat suitable for 
human consumption, which has not undergone any treatment other than 
cold treatment.''
    In 2002, the United States requested the European Commission to 
approve the use of four PRTs in the production of poultry intended for 
export to the EC: acidified sodium chlorite, trisodium phosphate, 
peroxyacids, and chlorine dioxide. However, after more than six years, 
including unexplained delays, the EC has not approved any of these four 
PRTs and instead has rejected the approval of their use.
    The EC's failure to approve is despite the fact that various EC 
agencies have issued scientific reports regarding a number of different 
aspects related to the processing of poultry with these four PRTs. 
Those reports did not find any scientific basis for banning the use of 
these PRTs. To the contrary, the conclusion of these reports is that 
the importation and consumption of poultry processed with these four 
PRTs does not pose a risk to human health.
    The United States considers that the EC's failure to approve these 
four PRTs is in breach of the EC's WTO obligations, in particular: 
Articles 2.2, 5.1, 5.2, 7, and 8, and Annexes B(1), B(5), and C(1) of 
the Agreement on the Application of Sanitary and Phytosanitary Measures 
(``SPS Agreement''); Article 4.2 of the Agreement on Agriculture 
(``Agriculture Agreement''); Articles III:4, X:1, and XI:1 of the 
General Agreement on Tariffs and Trade 1994 (``GATT 1994''); and 
Article 2.1 of the Agreement on Technical Barriers to Trade (``TBT 
Agreement'').

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-2009-0005. 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-2009-0005 on the home page and click ``search''. 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 ``Submit a Comment.'' (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 ``Type Comment and Upload File'' 
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 ``Type Comment and Upload 
File'' 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. 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.
    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. E9-28046 Filed 11-20-09; 8:45 am]
BILLING CODE 3190-W0-P