WTO Dispute Settlement Proceeding Regarding the American JOBS Creation Act of 2004, 18446-18447 [05-7143]
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18446
Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Notices
Dated: March 31, 2005.
Peggy M. Philbin,
Executive Director, Bureau of Administration,
Department of State.
[FR Doc. 05–7237 Filed 4–8–05; 8:45 am]
BILLING CODE 4710–24–P
DEPARTMENT OF STATE
[Public Notice: 5044]
60-Day Notice of Proposed Information
Collection: DS–157, Supplemental
Nonimmigrant Visa Application, OMB
Control Number 1405–0134
Notice of request for public
comments.
ACTION:
SUMMARY: The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collection described below.
The purpose of this notice is to allow 60
days for public comment in the Federal
Register preceding submission to OMB.
We are conducting this process in
accordance with the Paperwork
Reduction Act of 1995.
• Title of Information Collection:
Supplemental Nonimmigrant Visa
Application.
• OMB Control Number: 1405–0134.
• Type of Request: Extension of a
Currently Approved Collection.
• Originating Office: CA/VO.
• Form Number: DS–157.
• Respondents: Nonimmigrant Visa
Applicants.
• Estimated Number of Respondents:
2,500,000 Per Year.
• Estimated Number of Responses:
2,500,000 Per Year.
• Average Hours Per Response: 1
Hour.
• Total Estimated Burden: 2,500,000
Hours Per Year.
• Frequency: Once Per Respondent.
• Obligation to Respond: Required to
Obtain or Retain a Benefit.
DATES: The Department will accept
comments from the public up to 60 days
from April 11, 2005.
ADDRESSES: Comments and questions
should be directed to Charles Robertson
at the Department of State, Visa Office,
who may be reached on 202–663–3969.
You may submit comments by any of
the following methods:
• E-mail: robertsonCE3@state.gov.
You must include the DS form number
(if applicable), information collection
title, and OMB control number in the
subject line of your message.
• Mail (paper, disk, or CD–ROM
submissions): Department of State, Visa
Office, 2401 E Street NW., Washington,
DC 20522–0106.
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17:45 Apr 08, 2005
Jkt 205001
• Fax: 202–663–3897.
U.S.
Embassy Managua: Economic Section,
Km. 41⁄2 Carretera Sur, Managua,
Nicaragua (505) 266–6010; Department
of State: Office of Central American
Affairs, 2201 C Street, NW.,
Washington, DC 20520, (202) 736–7660.
SUPPLEMENTARY INFORMATION: Section
584(c)(i) of H.R. 4818, Consolidated
Appropriations Act, 2005 amends
Section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994
and 1995 in the following manner:
(1) Any action of the types set forth
in subparagraphs (A), (B), and (C) of
subsection (a)(1) that was taken by the
Government of Nicaragua during the
period beginning on January 1, 1956,
and ending on January 9, 2002, shall not
be considered in implementing the
prohibition under subsection (a) unless
the action has been presented in
accordance with the procedure set forth
in paragraph (2).
(2) An action shall be deemed
presented for purposes of paragraph (1)
if it is—
(A) In writing; and
(B) Received by the United States
Department of State on or before 120
days after the date specified in
paragraph (3) at—
(i) The headquarters of the United
States Department of State in
Washington, DC; or
(ii) The Embassy of the United States
of America to Nicaragua.
(3) The date to which paragraph (2)
refers is a date after enactment of this
subsection that is specified by the
Secretary of State, at the Secretary’s
discretion, in a notice published in the
Federal Register.
The Secretary of State has determined
April 1, 2005 as the date described in
paragraph (3) of Section 584(c)(i) of H.R.
4818, Consolidated Appropriations Act,
2005.
FOR FURTHER INFORMATION CONTACT:
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice, including requests
for copies of the proposed information
collection and supporting documents, to
Charles Robertson of the Office of Visa
Services, U.S. Department of State, 2401
E St. NW., L–603, Washington, DC
20522, who may be reached at 202–663–
3969 or robertsonCE3@state.gov.
SUPPLEMENTARY INFORMATION: We are
soliciting public comments to permit
the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper performance of our
functions.
• Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of technology.
Abstract of proposed collection: The
form collects information from aliens
applying for nonimmigrant visas to
enter the United States.
Methodology: Form DS–157 will be
submitted to U.S. embassies and
consulates overseas.
Dated: April 1, 2005.
Janice Jacobs,
Deputy Assistant Secretary of State for Visa
Services, Bureau of Consular Affairs,
Department of State.
[FR Doc. 05–7260 Filed 4–8–05; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF STATE
Bureau of Western Hemisphere Affairs
[Public Notice 5046]
Selection of Date for Purpose of
Section 584(c)(i) of H.R. 4818,
Consolidated Appropriations Act, 2005
Department of State.
ACTION: Notice.
Dated: March 25, 2005.
David Lindwall,
Director, Office of Central American Affairs,
Bureau of Western Hemisphere Affairs,
Department of State.
[FR Doc. 05–7238 Filed 4–8–05; 8:45 am]
BILLING CODE 4710–29–P
AGENCY:
This notice establishes April
1, 2005 as the date from which the 120
day period will be calculated, in
accordance with Section 584(c)(i) of
H.R. 4818, Consolidated Appropriations
Act, 2005, which amends Section 527 of
the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995.
DATES: This notice is effective on April
1, 2005.
SUMMARY:
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OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS108]
WTO Dispute Settlement Proceeding
Regarding the American JOBS
Creation Act of 2004
Office of the United States
Trade Representative.
ACTION: Notice; request for comments.
AGENCY:
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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Notices
SUMMARY: The Office of the United
States Trade Representative (‘‘USTR’’) is
providing notice that the Dispute
Settlement Body (‘‘DSB’’) of the World
Trade Organization (‘‘WTO’’) has
established at the request of the
European Communities (‘‘EC’’) a dispute
settlement panel under the Marrakesh
Agreement Establishing the World
Trade Organization (‘‘WTO
Agreement’’). That request may be
found at https://www.wto.org contained
in a document designated as WT/
DS108/29. 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 May 2, 2005, to be assured of
timely consideration by USTR.
ADDRESSES: Comments should be
submitted (i) electronically, to
FR0503@ustr.eop.gov, Attn: ‘‘JOBS Act
(DS108)’’ in the subject line, or (ii) by
fax, to Sandy McKinzy, at 202–395–
3640. For documents sent by fax, USTR
requests that the submitter provide a
confirmation copy to the electronic mail
address listed above.
FOR FURTHER INFORMATION CONTACT:
William D. Hunter, Associate General
Counsel, Office of the United States
Trade Representative, 600 17th Street,
NW., Washington, DC 20508, (202) 395–
3582.
SUPPLEMENTARY INFORMATION: USTR is
providing notice that the DSB has
established, at the request of the EC, a
dispute settlement panel pursuant to the
WTO Understanding on Rules and
Procedures Governing the Settlement of
Disputes (‘‘DSU’’). The individual
panelists are currently being selected.
That panel will hold its meetings in
Geneva, Switzerland, and would be
expected to issue a report on its findings
and recommendations within 90 days
after its members have been appointed.
Major Issues Raised by the EC
On February 17, 2005, the DSB
established at the EC’s request a dispute
settlement panel pursuant to Articles 6
and 21.5 of the DSU, Article 4 of the
Agreement on Subsidies and
Countervailing Measures (‘‘SCM
Agreement’’), Article 19 of the
Agreement on Agriculture, and Article
XXIII of the General Agreement on
Tariffs and Trade 1994 (‘‘GATT 1994’’)
with respect to the American JOBS
Creation Act of 2004 (‘‘the JOBS Act’’).
According to the EC, the JOBS Act,
which was enacted on October 22, 2004,
was intended to implement the
recommendations and rulings of the
VerDate jul<14>2003
17:45 Apr 08, 2005
Jkt 205001
WTO Dispute Settlement Body in case
WT/DS108 (United States—Tax
Treatment for ‘‘Foreign Sales
Corporations’’ and United States—Tax
Treatment for ‘‘Foreign Sales
Corporations’’—Recourse to Article 21.5
of the DSU by the European
Communities), but fails to do so
properly and is inconsistent with the
same provisions of the WTO Agreement
as was the predecessor legislation.
In particular, the EC considers that
Section 101 of the JOBS Act contains
transitional provisions that will allow
U.S. exporters to continue to benefit
from the FSC Replacement and
Extraterritorial Income Exclusion Act as
follows: (a) In the years 2005 and 2006
with respect to all export transactions;
and (b) for an indefinite period with
respect to certain contracts. According
to the EC, this results in a failure to
withdraw the subsidy and implement
the DSB’s recommendations and
rulings. The EC considers that the
United States has failed to withdraw the
subsidies as required by Article 4.7 of
the SCM Agreement and has failed to
implement the DSB’s recommendations
and rulings as required by Articles 19.1
and 21.1 of the DSU. The EC also
considers that the United States
continues to violate Articles 3.1(a) and
3.2 of the SCM Agreement, Articles
10.1, 8 and 3.3 of the Agreement on
Agriculture and Article III:4 of the
GATT 1994.
Public Comment: Requirements for
Submissions
Interested persons are invited to
submit written comments concerning
the issues raised in this dispute. Persons
may submit their comments either (i)
electronically, to FR0503@ustr.eop.gov,
Attn: ‘‘JOBS Act (DS108)’’ in the subject
line, or (ii) by fax to Sandy McKinzy, at
202–395–3640. For documents sent by
fax, USTR requests that the submitter
provide a confirmation copy to the
electronic mail address listed above.
USTR encourages the submission of
documents in Adobe PDF format, as
attachments to an electronic mail.
Interested persons who make
submissions by electronic mail should
not provide separate cover letters;
information that might appear in a cover
letter should be included in the
submission itself. Similarly, to the
extent possible, any attachments to the
submission should be included in the
same file as the submission itself, and
not as separate files.
Comments must be in English. A
person requesting that information
contained in a comment submitted by
that person be treated as confidential
business information must certify that
PO 00000
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Fmt 4703
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18447
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.
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) Is encouraged to provide a nonconfidential summary of the
information or advice.
Pursuant to section 127(e) of the
URAA (19 U.S.C. 3537(e)), USTR will
maintain a file on this dispute
settlement proceeding, accessible to the
public, in the USTR Reading Room,
which is located at 1724 F Street, NW.,
Washington, DC 20508. 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, the U.S.
submissions to that panel, the
submissions, or non-confidential
summaries of submissions, to the panel
received from other participants in the
dispute, as well as the report of the
panel; and, if applicable, the report of
the Appellate Body. An appointment to
review the public file (Docket WTO/
DS108, JOBS Act dispute) may be made
by calling the USTR Reading Room at
(202) 395–6186. The USTR Reading
Room is open to the public from 9:30
a.m. to noon and 1 p.m. to 4 p.m.,
Monday through Friday.
Daniel E. Brinza,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. 05–7143 Filed 4–8–05; 8:45 am]
BILLING CODE 3190–W5–P
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]]>Agencies
[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Notices]
[Pages 18446-18447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7143]
=======================================================================
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS108]
WTO Dispute Settlement Proceeding Regarding the American JOBS
Creation Act of 2004
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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[[Page 18447]]
SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that the Dispute Settlement Body
(``DSB'') of the World Trade Organization (``WTO'') has established at
the request of the European Communities (``EC'') a dispute settlement
panel under the Marrakesh Agreement Establishing the World Trade
Organization (``WTO Agreement''). That request may be found at https://
www.wto.org contained in a document designated as WT/DS108/29. 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 May 2, 2005, to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0503@ustr.eop.gov, Attn: ``JOBS Act (DS108)'' in the subject line, or
(ii) by fax, to Sandy McKinzy, at 202-395-3640. For documents sent by
fax, USTR requests that the submitter provide a confirmation copy to
the electronic mail address listed above.
FOR FURTHER INFORMATION CONTACT: William D. Hunter, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-3582.
SUPPLEMENTARY INFORMATION: USTR is providing notice that the DSB has
established, at the request of the EC, a dispute settlement panel
pursuant to the WTO Understanding on Rules and Procedures Governing the
Settlement of Disputes (``DSU''). The individual panelists are
currently being selected. That panel will hold its meetings in Geneva,
Switzerland, and would be expected to issue a report on its findings
and recommendations within 90 days after its members have been
appointed.
Major Issues Raised by the EC
On February 17, 2005, the DSB established at the EC's request a
dispute settlement panel pursuant to Articles 6 and 21.5 of the DSU,
Article 4 of the Agreement on Subsidies and Countervailing Measures
(``SCM Agreement''), Article 19 of the Agreement on Agriculture, and
Article XXIII of the General Agreement on Tariffs and Trade 1994
(``GATT 1994'') with respect to the American JOBS Creation Act of 2004
(``the JOBS Act''). According to the EC, the JOBS Act, which was
enacted on October 22, 2004, was intended to implement the
recommendations and rulings of the WTO Dispute Settlement Body in case
WT/DS108 (United States--Tax Treatment for ``Foreign Sales
Corporations'' and United States--Tax Treatment for ``Foreign Sales
Corporations''--Recourse to Article 21.5 of the DSU by the European
Communities), but fails to do so properly and is inconsistent with the
same provisions of the WTO Agreement as was the predecessor
legislation.
In particular, the EC considers that Section 101 of the JOBS Act
contains transitional provisions that will allow U.S. exporters to
continue to benefit from the FSC Replacement and Extraterritorial
Income Exclusion Act as follows: (a) In the years 2005 and 2006 with
respect to all export transactions; and (b) for an indefinite period
with respect to certain contracts. According to the EC, this results in
a failure to withdraw the subsidy and implement the DSB's
recommendations and rulings. The EC considers that the United States
has failed to withdraw the subsidies as required by Article 4.7 of the
SCM Agreement and has failed to implement the DSB's recommendations and
rulings as required by Articles 19.1 and 21.1 of the DSU. The EC also
considers that the United States continues to violate Articles 3.1(a)
and 3.2 of the SCM Agreement, Articles 10.1, 8 and 3.3 of the Agreement
on Agriculture and Article III:4 of the GATT 1994.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit their
comments either (i) electronically, to FR0503@ustr.eop.gov, Attn:
``JOBS Act (DS108)'' in the subject line, or (ii) by fax to Sandy
McKinzy, at 202-395-3640. For documents sent by fax, USTR requests that
the submitter provide a confirmation copy to the electronic mail
address listed above.
USTR encourages the submission of documents in Adobe PDF format, as
attachments to an electronic mail. Interested persons who make
submissions by electronic mail should not provide separate cover
letters; information that might appear in a cover letter should be
included in the submission itself. Similarly, to the extent possible,
any attachments to the submission should be included in the same file
as the submission itself, and not as separate files.
Comments must be in English. 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.
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) Is encouraged to provide a non-confidential summary of the
information or advice.
Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR
will maintain a file on this dispute settlement proceeding, accessible
to the public, in the USTR Reading Room, which is located at 1724 F
Street, NW., Washington, DC 20508. 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, the U.S.
submissions to that panel, the submissions, or non-confidential
summaries of submissions, to the panel received from other participants
in the dispute, as well as the report of the panel; and, if applicable,
the report of the Appellate Body. An appointment to review the public
file (Docket WTO/DS108, JOBS Act dispute) may be made by calling the
USTR Reading Room at (202) 395-6186. The USTR Reading Room is open to
the public from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through
Friday.
Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 05-7143 Filed 4-8-05; 8:45 am]
BILLING CODE 3190-W5-P
