[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 76165-76166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30965]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS444]


WTO Dispute Settlement Proceeding Regarding Argentina--Measures 
Affecting the Importation of Goods

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 has requested the 
establishment of a dispute settlement panel under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO 
Agreement''). That request may be found at www.wto.org contained in a 
document designated as WT/DS444/10. 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 18, 2013 to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2012-0023. 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.
    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: Greta Milligan Peisch, 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) 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 a 
dispute settlement panel has been requested pursuant to the WTO Dispute 
Settlement Understanding (``DSU''). The panel will hold its meetings in 
Geneva, Switzerland.

Major Issues Raised by the United States

    The United States has requested the establishment of a panel to 
consider certain measures imposed by Argentina on the importation of 
goods into Argentina. In particular, Argentina subjects the importation 
of all goods to approval of a non-automatic import license through the 
Declaraci[oacute]n Jurada Anticipada de Importaci[oacute]n (``DJAI'') 
system. Argentina subjects the importation of certain categories goods 
into Argentina to other, product-specific, non-automatic import 
licenses, or Licencias No Autom[aacute]ticas de Importaci[oacute]n, in 
the form of Certificados de Importaci[oacute]n (``CIs''). The legal 
instruments through which Argentina maintains these measures are set 
out in the annexes to the panel request. The issuance of CIs and 
approval of DJAIs are systematically delayed or denied by Argentine 
authorities on non-transparent grounds.
    In addition, Argentina often requires imports to undertake certain 
commitments including to limit imports, to balance imports with 
exports, to make or increase investments in production facilities in 
Argentina, to increase the local content of products manufactured in 
Argentina (and thereby discriminate against imported products), to 
refrain from transferring revenue or other funds abroad and/or to 
control the price of imported goods. The Argentine authorities often 
make the issuance of CIs and the approval of DJAIs conditional upon the 
importers undertaking to comply with the above-mentioned trade-
restrictive commitments.
    Through these measures, Argentina appears to have acted 
inconsistently with its obligations under the General Agreement on 
Tariffs and Trade (``GATT 1994'') and the Agreement on Import Licensing 
Procedures (``Import Licensing Agreement''). Specifically, by adopting 
and maintaining these measures, Argentina appears to have acted 
inconsistently with Articles III:4, X:1, X:3(a) and XI:1 of the GATT 
1994, and Articles 1.3, 1.4(a), 1.6, 3.2, 3.3, 3.5(f), 5.1, 5.2, 5.3 
and 5.4 of the Import Licensing 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 www.regulations.gov docket number USTR-2012-
0023. 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-2012-0023 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 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.

[[Page 76166]]

    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 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 Uruguay Round Agreements Act (19 
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement 
proceeding accessible to the public at www.regulations.gov, docket 
number USTR-2012-0023. 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.

Juan Millan,
Acting Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2012-30965 Filed 12-21-12; 8:45 am]
BILLING CODE 3290-F3-P