[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Pages 63814-63815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28904]


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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 (COOL) 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 on November 19, 2009, the World 
Trade Organization Dispute Settlement Body established a dispute 
settlement panel at the request of Canada and Mexico under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') concerning certain mandatory country of origin labeling 
(COOL) requirements. Those requests may be found at http://www.wto.org 
contained in documents designated as WT/DS384/8 for Canada and WT/
DS386/7 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 January 8, 2010, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted electronically to 
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: Probir J. Mehta, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-3150.

SUPPLEMENTARY INFORMATION: USTR is providing notice that a dispute 
settlement panel has been established pursuant to the WTO Understanding 
on Rules and Procedures Governing the Settlement of Disputes (``DSU''). 
If a dispute settlement panel is established, the 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

    In its request for the establishment of a panel, Canada challenges 
provisions of the Agricultural Marketing Act of 1946, as amended by the 
Farm, Security and Rural Investment Act of 2002 (2002 Farm Bill), and 
Food, Conservation, and Energy Act, 2008 (2008 Farm Bill), the U.S. 
Department of Agriculture (``USDA'') Interim Final Rule on COOL 
published on August 1, 2008 and on August 28, 2008, respectively, the 
USDA Final Rule on COOL published on January 15, 2009, and a February 
20, 2009 letter issued by the Secretary of Agriculture.
    Canada alleges that the COOL requirements are inconsistent with the 
General Agreement on Tariffs and Trade 1994 (``GATT 1994''), Articles 
III:4, IX:2, IX:4, and X:3(a), the Agreement on Technical Barriers to 
Trade (``TBT Agreement''), Articles 2.1, 2.2, and 2.4, or in the 
alternative, the Agreement on the Application of Sanitary and 
Phytosanitary Measures (``SPS Agreement''), Articles 2, 5, and 7, and 
the Agreement on Rules of Origin, Articles 2(b), 2(c), 2(e), and 2(j). 
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

    In its request for establishment of a panel, Mexico challenges the 
Agricultural Marketing Act of 1946, as amended by the 2002 and 2008 
Farm Bills, the U.S. Department of Agriculture (``USDA'') Interim Final 
Rule on COOL published on August 1, 2008 and August 28, 2009, 
respectively, the USDA Final Rule on COOL published on January 15, 
2009, and a February 20, 2009 letter issued by the Secretary of 
Agriculture.
    Mexico alleges that the U.S. measures are inconsistent with the 
GATT 1994, Articles III:4, IX:2, IX:4, and X:3(a), the TBT Agreement, 
Articles 2.1, 2.2, 2.4, 12.1, and 12.3, or, in the alternative, the SPS 
Agreement, Articles 2, 5, and 7, and the Agreement on Rules of Origin, 
Articles 2(b), 2(c), 2(d), and 2(e). 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 within the meaning of the 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 ``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 ``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

[[Page 63815]]

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. Sec.  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. E9-28904 Filed 12-3-09; 8:45 am]
BILLING CODE 3190-W0-P