[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12414-12415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04153]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/DS447]


WTO Dispute Settlement Proceeding Regarding United States--
Measures Affecting the Importation of Animals, Meat and Other Animal 
Products From Argentina

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 (AUSTR@) 
is providing notice that Argentina has requested the establishment of a 
dispute settlement panel under the Marrakesh Agreement Establishing the 
World Trade Organization (AWTO Agreement@). That request may be found 
at www.wto.org contained in a document designated as WT/DS447/2. 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 March 21, 2013, to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2013-0003. 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: Philip Chen, 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 established pursuant to the WTO 
Dispute Settlement Understanding (``DSU''). The panel will hold its 
meetings in Geneva, Switzerland.

Major Issues Raised by Argentina

    Due to the presence of foot-and-mouth disease (FMD) in Argentina, 
the United States Department of Agriculture's Animal and Plant Health 
Inspection Service (APHIS) does not permit the import of fresh bovine 
meat (beef) from Argentina. In December 2002, Argentina submitted an 
application for authorization to import fresh beef that is either 
chilled or frozen from the sub-national region of Argentina north of 
the 42nd parallel. In September 2003, Argentina submitted an 
application for FMD disease-free status (which would include permission 
to import fresh beef that is either chilled or frozen) with respect to 
a sub-national region designated as Patagonia South. In December 2008, 
Argentina submitted an application to APHIS requesting FMD disease-free 
status (which would include permission to import fresh beef that is 
either chilled or frozen) with respect to a sub-national region 
designated as Patagonia North B. No final decision has been reached on 
these applications.
    In its request for the establishment of a panel, Argentina alleges 
that the regulations and other measures of APHIS as applied to 
Argentina's request for import authorization breach various provisions 
of the Agreement on the Application of Sanitary and Phytosanitary 
Measures (SPS Agreement) and the General Agreements on Tariffs and 
Trade 1994 (GATT 1994). For instance, Argentina asserts that APHIS's 
existing prohibition on the importation of animals, meat and other 
animal products in connection to FMD lacks scientific justification and 
is discriminatory. In addition, Argentina argues that APHIS has not 
processed Argentina's applications in a timely manner.

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-
0003. 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-2013-0003 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 and click on the link 
entitled ``Comment Now!'' (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/she 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 to 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

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confidential information must be submitted to 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-2013-0003, accessible to the public at 
www.regulations.gov.
    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, 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 Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2013-04153 Filed 2-21-13; 8:45 am]
BILLING CODE 3290-F3-P