[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Notices]
[Pages 11725-11727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03667]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WT/DS455]


WTO Dispute Settlement Proceeding Regarding Indonesia Importation 
of Horticultural Products, Animals and Animal 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 January 10, 2013, the United 
States requested consultations with the Government of the Republic of 
Indonesia (``Indonesia'') under the Marrakesh Agreement Establishing 
the World Trade Organization (``WTO Agreement'') concerning certain 
measures imposed by Indonesia on the importation of horticultural 
products, animals and animal products. That request may be found at 
www.wto.org, contained in a document designated as WT/DS455/1. 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 March 14, 2013 to assure timely consideration by 
USTR.

ADDRESSES: Public comments should be submitted electronically at 
www.regulations.gov, docket number USTR-2013-0002. If you are unable to 
provide submissions at 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: Arthur Tsao, Assistant General 
Counsel, Office of the United States Trade Representative, (202) 395-
3150.

[[Page 11726]]


SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations 
have been requested pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes (``DSU''). If such 
consultations should fail to resolve the matter and a dispute 
settlement panel is established pursuant to the DSU, such a 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

    On January 10, 2013, the United States requested consultations 
concerning certain measures imposed by Indonesia on the importation of 
horticultural products, animals and animal products into Indonesia. 
Indonesia subjects the importation of horticultural products, animals 
and animal products into Indonesia to non-automatic import licenses and 
quotas, thereby restricting imports of goods. In particular, Indonesia 
imposes an import licensing regime for horticultural products and for 
animal and animal products pursuant to which an importer must complete 
multiple steps prior to importing those products into Indonesia.
    The legal instruments through which Indonesia imposes and 
administers these measures include but are not limited to the following 
instruments: Law of the Republic of Indonesia Number 13 of Year 2010 
Concerning Horticulture; Regulation of the Minister of Agriculture 
Number 60/Permentan/OT.140/9/2012; Regulation of the Minister of Trade 
Number 30/M-DAG/PER/5/2012 Regarding Provisions on Import of 
Horticultural Products; Regulation of the Minister of Trade Number 60/
M-DAG/PER/9/2012 Regarding Second Amendment of Regulation of the 
Minister of Trade Number 30/M-DAG/PER/5/2012 Regarding Provisions on 
Import of Horticultural Products; Law of the Republic of Indonesia 
Number 18/2009 on Animal Husbandry and Animal Health; Regulation of the 
Minister of Agriculture Number 50/Permentan/OT.140/9/2011 Concerning 
Recommendation for Approval on Import of Carcasses, Meats, Edible 
Offals and/or Processed Products Thereof to Indonesian Territory; and 
Regulation of the Minister of Trade Number 24/M-DAG/PER/9/2011 
Concerning Provisions on the Import and Export of Animal and Animal 
Product. The legal instruments also include any amendments, related 
measures, or implementing measures.
    These licensing regimes have significant trade-restrictive effects 
on imports and are used to implement what appear to be WTO-inconsistent 
measures. The multi-step licensing process appears to be more 
administratively burdensome than absolutely necessary to administer the 
measure. The issuance of licenses appears to be delayed or refused by 
the Indonesian authorities on non-transparent grounds. The Indonesian 
licensing measures do not inform traders of the basis for granting 
licenses. The licensing regimes do not appear to be administered in a 
uniform, impartial and reasonable manner, because the measures are 
applied inconsistently and unpredictably.
    Through these measures, Indonesia appears to have acted 
inconsistently with its obligations under the General Agreement on 
Tariffs and Trade (``GATT 1994''), the Agreement on Agriculture 
(``Agriculture Agreement''), and the Agreement on Import Licensing 
Procedures (``Import Licensing Agreement''). Specifically, the United 
States asserts that Indonesia's measures appear to be inconsistent with 
the following provisions of the GATT 1994, the Agriculture Agreement, 
and the Import Licensing Agreement:
    1. Articles X:3(a) and XI:1 of the GATT 1994;
    2. Article 4.2 of the Agriculture Agreement; and
    3. Articles 1.2, 3.2 and 3.3 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-
2013-0002. 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-2013-0002 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 Web site allows users to provide 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 that 
he submitted, 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 at www.regulations.gov. The 
non-confidential summary will be placed in the docket and will be open 
to public inspection.
    USTR may determine that information or advice contained in a 
comment submitted, other than business confidential information, is 
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 at www.regulations.gov. The non-confidential summary will 
be placed in the docket and will be 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, docket number USTR-2013-0002, accessible to the public at 
www.regulations.gov.

[[Page 11727]]

    The public file will include non-confidential comments received by 
USTR from the public regarding the dispute. If a dispute settlement 
panel is convened, or in the event of an appeal from such a panel, the 
following documents will be made available to the public at 
www.ustr.gov: The United States' submissions, any non-confidential 
submissions received from other participants in the dispute, and any 
non-confidential summaries of submissions received from other 
participants in the dispute. In the event that a dispute settlement 
panel is convened, or in the event of an appeal from such a panel, the 
report of the panel, and, if applicable, the report of the Appellate 
Body, will also be available on the Web site of the World Trade 
Organization at www.wto.org. Comments open to public inspection may be 
viewed at www.regulations.gov.

Juan Mill[aacute]n,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2013-03667 Filed 2-15-13; 8:45 am]
BILLING CODE 3290-F3-P