[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Notices]
[Pages 50033-50034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20161]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2010-0013]


WTO Dispute Settlement Proceeding Regarding United States--
Measures Affecting the Production and Sale of Clove Cigarettes

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 June 10, 2010, the United States 
received a request from the Republic of Indonesia (``Indonesia'') for 
the establishment of a dispute settlement panel under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO Agreement'') 
regarding a provision of the Family Smoking Prevention and Tobacco 
Control Act (Pub. L. 111-31). That request may be found at http://www.wto.org in a document designated as WT/DS406/2. 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 September 15, 2010 to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2010-0013. 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: Richard Chriss, Chief Agriculture 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-5962.

SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round 
Agreements Act (URAA) (19 U.S.C. 2527(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 
Indonesia has requested the establishment of a dispute settlement panel 
pursuant to the WTO Understanding on Rules and Procedures Governing the 
Settlement of Disputes (``DSU''). The panel was established pursuant to 
the DSU on July 20, 2010, and is expected to hold its meetings in 
Geneva, Switzerland, and to issue a report on its findings and 
recommendations within nine months after the date of its establishment.

Major Issues Raised by Indonesia

    In its request for establishment of a panel, Indonesia challenges a 
provision of the Family Smoking Prevention and Tobacco Control Act 
(Pub. L. 111-31) (the ``Act''). Among other things, the Act amends the 
Federal Food, Drug, and Cosmetic Act by adding a new Section 907. 
Section 907 bans sales of all flavored cigarettes, other than tobacco 
or menthol flavors, wherever they are produced, beginning 90 days after 
the legislation was signed into law (September 20, 2009). Indonesia 
states that it considers Section 907 to be inconsistent with the 
obligations of the United States under Article III:4 and Article XX of 
the General Agreement on Tariffs and Trade 1994, and Articles 2.1, 2.2, 
2.5, 2.8, 2.9, 2.10, 2.12, and 12.3 of the Agreement on Technical 
Barriers to Trade. Indonesia further states that if the United States 
should assert that the measure at issue is an SPS measure, then it is 
Indonesia's view that the measure is inconsistent with Articles 2, 3, 
5, and 7 of the Agreement on the

[[Page 50034]]

Application of Sanitary and Phytosanitary Measures.

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-2010-0013. 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-2010-0013 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, will be made available to the 
public on USTR's Web site at http://www.ustr.gov, and the report of the 
panel, and, if applicable, the report of the Appellate Body, will be 
available on the Web site of the World Trade Organization, http://www.wto.org.
    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 www.regulations.gov Web site.

Steven F. Fabry,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2010-20161 Filed 8-13-10; 8:45 am]
BILLING CODE 3190-W0-P