[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Notices]
[Pages 33015-33016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13471]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS430]


WTO Dispute Settlement Proceeding Regarding India--Measures 
Concerning the Importation of Certain Agricultural Products

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 May 11, 2012, the United States 
requested establishment of a dispute settlement panel under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') with the Government of India (``India'') concerning 
measures imposed by India on the importation of various agricultural 
products from the United States, purportedly because of concerns 
related to avian influenza. That request may be found at www.wto.org 
contained in a document designated as WT/DS430/2. 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 July 5, 2012 to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2012-0004. If you are unable to 
provide submissions to 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: Mayur R. Patel, Assistant General 
Counsel, or Micah S. Myers, Assistant General Counsel, Office of the 
United States Trade Representative, 600 17th Street NW., Washington, DC 
20508, (202) 395-3150.

SUPPLEMENTARY INFORMATION: Section 127(b)(1) 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 establishment of a WTO dispute settlement 
panel. Consistent with this obligation, USTR is providing notice that 
it has requested a panel pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes (``DSU''). Once it is 
established, the panel will hold its meetings in Geneva, Switzerland, 
and would be expected to issue a report on its findings and 
recommendations within nine months of its establishment.

Major Issues Raised by the United States

    India's avian influenza measures prohibit the importation of 
various agricultural products into India from those countries reporting 
Notifiable Avian Influenza (both Highly Pathogenic Avian Influenza and 
Low Pathogenic Avain Influenza). These measures are set forth through 
the following legal instruments: the Indian Livestock Importation Act, 
1898 (9 of 1898) (``Livestock Act''), orders issued by the India's 
Department of Animal Husbandry, Dairying, and Fisheries pursuant to the 
Livestock Act, most recently S.O 1663(E), which was published in the 
Gazette of India on July 19, 2011, and amendments, related measures, or 
other implementing measures. The United States considers these measures 
to be inconsistent with Articles 2.2, 2.3, 3.1, 5.1, 5.2, 5.5, 5.6, 
6.1, 6.2, 7, and Annex B, paragraphs 2 and 5 of the Agreement on the 
Application of Sanitary and Phytosanitary Measures and Article XI of 
the General Agreement on Tariffs and Trade 1994.
    On March 6, 2012, the United States requested consultations with 
India. That request may be found at www.wto.org contained in a document 
designated as WT/DS430/1. The United States and India held 
consultations on April 16 and 17, 2012, but the consultations did not 
resolve the matter.

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 www.regulations.gov, docket number USTR-
2012-0004. If you are unable to provide submissions by 
www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to 
arrange for an alternative method of transmission.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2012-0004 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

[[Page 33016]]

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 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 www.regulations.gov site provides the option of providing 
comments by filling in a ``Type Comments'' field, or by attaching a 
document using an ``upload file'' field. 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 
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 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. Sec.  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 
www.regulations.gov. The non-confidential summary will be placed in the 
docket and open to public inspection.
    Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), 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 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, www.wto.org. Comments open to 
public inspection may be viewed on the www.regulations.gov Web site.

Bradford Ward,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2012-13471 Filed 6-1-12; 8:45 am]
BILLING CODE 3190-W2-P