[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Notices]
[Pages 27279-27281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10991]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Dispute No. WTO/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.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that the United States has requested and 
obtained 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/DS455/7. 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 June 2, 2013, to be assured of timely 
consideration by USTR.

[[Page 27280]]


ADDRESSES: Public comments should be submitted electronically to 
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, 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 and established 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 Indonesia's import restricting measures on the importation of 
horticultural products, animals, and animal products. In particular, 
Indonesia imposes non-automatic import licensing regimes for 
horticultural products and for animals 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 
maintains these measures are set out in the panel request.
    Indonesia imposes a non-automatic import licensing regime for 
horticultural products pursuant to which an importer must complete 
multiple steps prior to importing a horticultural product into 
Indonesia. These steps include, first, an importer must obtain a 
Horticultural Product Import Recommendation (``RIPH'') certificate from 
the Ministry of Agriculture. When issuing the RIPH certificate, the 
Ministry of Agriculture considers factors such as production and 
availability of similar products domestically, domestic consumption of 
the product, and potential of the imported product to distort the 
market. Second, an importer must apply to receive a designation as a 
Producer Importer of Horticultural Products or Registered Importer of 
Horticultural Products from the Ministry of Trade. Third, for each 
imported product, the importer must apply to the Minister of Trade for 
an import license by submitting the RIPH certificate and the 
designation.
    Indonesia also imposes a non-automatic import licensing regime and 
quotas for animals and animal products pursuant to which an importer 
must complete multiple steps prior to importing an animal or animal 
product into Indonesia. These steps include, first, importers must 
receive an Import Approval Recommendation (``RPP'') from the Ministry 
of Agriculture to import animals or animal products. After receiving 
the RPP, the importer must then apply for an import license with the 
Ministry of Trade. The Ministry of Trade only allows the importation of 
the product if, among other factors, domestic production and supply of 
the product do not meet ``demand for public consumption at reasonable 
price.''
    Indonesia's government also sets the quotas for animals and animal 
products twice a year, which is enforced through the import licensing 
regime.
    Through these measures, Indonesia appears to have acted 
inconsistently with the following obligations: Articles X:3(a) and XI:1 
of the General Agreement on Tariffs and Trade 1994; Article 4.2 of the 
Agreement on Agriculture; and Articles 3.2 and 3.3 the Agreement on 
Import Licensing Procedures.

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/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 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-2013-0002, accessible to the public at 
www.regulations.gov.

[[Page 27281]]

    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. 2013-10991 Filed 5-8-13; 8:45 am]
BILLING CODE 3290-F3-P