WTO Dispute Settlement Proceeding Regarding United States-Measures Affecting Trade in Large Civil Aircraft, 35495-35496 [05-12023]
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Federal Register / Vol. 70, No. 117 / Monday, June 20, 2005 / Notices
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2005
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7.5%
[FR Doc. 05–12092 Filed 6–17–05; 8:45 am]
BILLING CODE 3190–W5–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS317]
WTO Dispute Settlement Proceeding
Regarding United States—Measures
Affecting Trade in Large Civil Aircraft
Office of the United States
Trade Representative.
ACTION: Notice; request for comments.
AGENCY:
SUMMARY: The Office of the United
States Trade Representative (‘‘USTR’’) is
providing notice of the request by the
European Communities (‘‘EC’’) for the
establishment of a dispute settlement
panel under the Marrakesh Agreement
Establishing the World Trade
Organization (‘‘WTO Agreement’’) to
examine certain U.S. measures affecting
trade in large civil aircraft (‘‘LCA’’). The
request for the establishment of a panel
alleges that such measures are
inconsistent with various provisions of
the Agreement on Subsidies and
Countervailing Measures (‘‘SCM
Agreement’’) and the General
Agreement on Tariffs and Trade 1994
(‘‘GATT 1994’’). 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 July 22, 2005 to be assured of
timely consideration by USTR.
ADDRESSES: Comments should be
submitted (i) electronically, to
FR0506@ustr.eop.gov, with ’’United
States—Aircraft (DS317)’’ in the subject
line, or (ii) by fax, to Sandy McKinzy at
(202) 395–3640, with a confirmation
copy sent electronically to the e-mail
address above.
FOR FURTHER INFORMATION CONTACT:
Willis S. Martyn III, Associate General
Counsel, Office of the United States
Trade Representative, 600 17th Street,
NW., Washington, DC 20508, (202) 395–
3581; or Jonathan S. Kallmer, Assistant
General Counsel, Office of the United
States Trade Representative, 600 17th
VerDate jul<14>2003
18:04 Jun 17, 2005
Jkt 205001
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)) 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 the establishment
of a panel has been requested pursuant
to the Understanding on Rules and
Procedures Governing the Settlement of
Disputes (‘‘DSU’’). The EC’s request for
the establishment of a panel may be
found at https://www.wto.org contained
in a document designated as WT/
DS317/2. If a panel is established, such
panel, which would hold its meetings in
Geneva, Switzerland, would be
expected to issue a report on its findings
and recommendations within six to nine
months after it is established.
Major Issues Raised and Legal Basis of
the Complaint
On October 6, 2004, the EC requested
consultations with the United States
with respect to certain U.S. measures
affecting trade in LCA. Consultations
were held on November 5, 2004.
On May 31, 2005, the EC requested
the establishment of a panel pursuant to
Article 6 of the DSU, Article XXIII:2 of
the GATT 1994, and Articles 4, 7, and
30 of the SCM Agreement with respect
to such measures. In its request, the EC
alleges that such measures are
inconsistent with Articles 3.1(a), 3.1(b),
3.2, 5(a), 5(c), 6.3(a), 6.3(b), and 6.3(c) of
the SCM Agreement and Article III:4 of
the GATT 1994. In particular, the EC
claims that WTO-inconsistent subsidies
were provided to the U.S. LCA industry
by:
1. State and local governments in the
States of Washington, Kansas, and
Illinois through financial incentives
such as tax advantages, bond financing,
lease arrangements, corporate
headquarters relocation assistance,
research funding, infrastructure
measures, and other measures;
2. The National Aeronautics and
Space Administration (‘‘NASA’’),
Department of Defense (‘‘DoD’’), and
PO 00000
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2011
2012
2013
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2.5%
Free.
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Department of Commerce (‘‘DOC’’)
through research and development
(‘‘R&D’’) contracts, allowances, and
other programs;
3. NASA, DoD, and DOC through the
waiver of patent rights, the protection of
trade secrets, and the granting of
exclusive rights to data;
4. NASA and DoD through the
procurement of goods on better than
commercial terms;
5. NASA and DoD through the
provision of personnel and research,
test, and evaluation facilities support on
a non-commercial basis;
6. The Department of Labor through a
grant of funds to Edmonds Community
College in the State of Washington; and
7. The U.S. Government through the
Federal tax system, specifically through
the American Jobs Creation Act of 2004,
among other measures.
Public Comment: Requirements for
Submissions
Interested persons are invited to
submit written comments concerning
the issues raised in the EC s request for
the establishment of a panel. Persons
submitting comments may either send
one copy by fax to Sandy McKinzy at
(202) 395–3640, or transmit a copy
electronically to FR0506@ustr.eop.gov,
with ‘‘United States—Aircraft (DS317)’’
in the subject line. For documents sent
by fax, USTR requests that the submitter
provide a confirmation copy
electronically. 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
E:\FR\FM\20JNN1.SGM
20JNN1
35496
Federal Register / Vol. 70, No. 117 / Monday, June 20, 2005 / Notices
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 of the
submission.
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 of the submission;
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; the U.S.
submissions to the panel in the dispute,
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 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 12
p.m. 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. 05–12023 Filed 6–17–05; 8:45 am]
BILLING CODE 3190–W5–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. WTO/DS316]
WTO Dispute Settlement Proceeding
Regarding European Communities and
Certain Member States—Measures
Affecting Trade in Large Civil Aircraft
Office of the United States
Trade Representative.
ACTION: Notice; request for comments.
AGENCY:
VerDate jul<14>2003
17:24 Jun 17, 2005
Jkt 205001
SUMMARY: The Office of the United
States Trade Representative (‘‘USTR’’) is
providing notice that on May 31, 2005,
in accordance with the Marrakesh
Agreement Establishing the World
Trade Organization (‘‘WTO
Agreement’’), the United States
requested the establishment of a dispute
settlement panel to examine certain
measures of the European Communities
(‘‘EC’’) and of Germany, France, the
United Kingdom, and Spain (‘‘member
States’’ affecting trade in large civil
aircraft (‘‘LCA’’). The request alleges
that such measures are inconsistent
with various provisions of the
Agreement on Subsidies and
Countervailing Measures (‘‘SCM
Agreement’’) and the General
Agreement on Tariffs and Trade 1994
(‘‘GATT 1994’’). 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 July 22, 2005 to be assured of
timely consideration by USTR.
ADDRESSES: Comments should be
submitted (i) electronically, to
FR0505@ustr.eop.gov, with ‘‘European
Communities and Certain Member
States—Aircraft (DS316)’’ in the subject
line, or (ii) by fax, to Sandy McKinzy at
(202) 395–3640, with a confirmation
copy sent electronically to the e-mail
address above.
FOR FURTHER INFORMATION CONTACT:
David J. Ross, Associate General
Counsel, Office of the United States
Trade Representative, 600 17th Street,
NW., Washington, DC 20508, (202) 395–
3581; or 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: Section
127(b) of the Uruguay Round
Agreements Act (‘‘URAA’’) (19 U.S.C.
3537(b)) 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 the establishment
of a panel has been requested pursuant
to the Understanding on Rules and
Procedures Governing the Settlement of
Disputes (‘‘DSU’’). The U.S. request for
the establishment of a panel may be
found at www.wto.org contained in a
document designated as WT/DS316/2. If
a panel is established, such panel,
which would hold its meetings in
Geneva, Switzerland, would be
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
expected to issue a report on its findings
and recommendations within six to nine
months after it is established.
Major Issues Raised and Legal Basis of
the Complaint
On October 6, 2004, the United States
requested consultations with the EC and
the Governments of the member States
with respect to certain measures of the
EC and the member States affecting
trade in LCA. Consultations were held
on November 4, 2004.
On May 31, 2005, the United States
requested the establishment of a panel
pursuant to Article 6 of the DSU, Article
XXIII:2 of the GATT 1994, and Articles
4, 7, and 30 of the SCM Agreement with
respect to such measures. In its request,
the United States alleges that such
measures are inconsistent with Articles
3.1(a), 3.2, 5(a), 5(c), 6.3(a), 6.3(b), and
6.3(c) of the SCM Agreement and Article
XVI:1 of the GATT 1994. In particular,
the measures that the United States
claims are WTO-inconsistent subsidies
include:
1. The provision by the member States
of financing for LCA design and
development to the Airbus companies
on non-commercial terms, such as
financing with no interest rates, belowmarket interest rates, or repayment
obligations tied to sales (‘‘launch aid’’);
2. The provision by the EC and the
member States, through the European
Investment Bank, of financing to the
Airbus companies for LCA design,
development, and other purposes;
3. The provision by the EC and the
member States of financial contributions
to develop, expand, and upgrade
facilities and other infrastructure for the
Airbus companies;
4. The assumption and forgiveness by
the EC and the member States of debt
resulting from launch aid and other
financing for LCA development and
production;
5. The provision by the EC and the
member States to the Airbus companies
of equity infusions and grants, including
through government-owned and
government-controlled banks;
6. The provision by the EC and the
member States of financial contributions
for aeronautics-related research,
development, and demonstration
undertaken by Airbus or to the benefit
of Airbus; and
7. Any other measures that involve a
financial contribution by the EC or any
of the member States that benefit the
Airbus companies.
Public Comment: Requirements for
Submissions
Interested persons are invited to
submit written comments concerning
E:\FR\FM\20JNN1.SGM
20JNN1
]]>Agencies
[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Notices]
[Pages 35495-35496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12023]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS317]
WTO Dispute Settlement Proceeding Regarding United States--
Measures Affecting Trade in Large Civil Aircraft
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 of the request by the European
Communities (``EC'') for the establishment of a dispute settlement
panel under the Marrakesh Agreement Establishing the World Trade
Organization (``WTO Agreement'') to examine certain U.S. measures
affecting trade in large civil aircraft (``LCA''). The request for the
establishment of a panel alleges that such measures are inconsistent
with various provisions of the Agreement on Subsidies and
Countervailing Measures (``SCM Agreement'') and the General Agreement
on Tariffs and Trade 1994 (``GATT 1994''). 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 July 22, 2005 to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0506@ustr.eop.gov, with ''United States--Aircraft (DS317)'' in the
subject line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640, with
a confirmation copy sent electronically to the e-mail address above.
FOR FURTHER INFORMATION CONTACT: Willis S. Martyn III, Associate
General Counsel, Office of the United States Trade Representative, 600
17th Street, NW., Washington, DC 20508, (202) 395-3581; or Jonathan S.
Kallmer, 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)) 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
the establishment of a panel has been requested pursuant to the
Understanding on Rules and Procedures Governing the Settlement of
Disputes (``DSU''). The EC's request for the establishment of a panel
may be found at https://www.wto.org contained in a document designated
as WT/DS317/2. If a panel is established, such panel, which would hold
its meetings in Geneva, Switzerland, would be expected to issue a
report on its findings and recommendations within six to nine months
after it is established.
Major Issues Raised and Legal Basis of the Complaint
On October 6, 2004, the EC requested consultations with the United
States with respect to certain U.S. measures affecting trade in LCA.
Consultations were held on November 5, 2004.
On May 31, 2005, the EC requested the establishment of a panel
pursuant to Article 6 of the DSU, Article XXIII:2 of the GATT 1994, and
Articles 4, 7, and 30 of the SCM Agreement with respect to such
measures. In its request, the EC alleges that such measures are
inconsistent with Articles 3.1(a), 3.1(b), 3.2, 5(a), 5(c), 6.3(a),
6.3(b), and 6.3(c) of the SCM Agreement and Article III:4 of the GATT
1994. In particular, the EC claims that WTO-inconsistent subsidies were
provided to the U.S. LCA industry by:
1. State and local governments in the States of Washington, Kansas,
and Illinois through financial incentives such as tax advantages, bond
financing, lease arrangements, corporate headquarters relocation
assistance, research funding, infrastructure measures, and other
measures;
2. The National Aeronautics and Space Administration (``NASA''),
Department of Defense (``DoD''), and Department of Commerce (``DOC'')
through research and development (``R&D'') contracts, allowances, and
other programs;
3. NASA, DoD, and DOC through the waiver of patent rights, the
protection of trade secrets, and the granting of exclusive rights to
data;
4. NASA and DoD through the procurement of goods on better than
commercial terms;
5. NASA and DoD through the provision of personnel and research,
test, and evaluation facilities support on a non-commercial basis;
6. The Department of Labor through a grant of funds to Edmonds
Community College in the State of Washington; and
7. The U.S. Government through the Federal tax system, specifically
through the American Jobs Creation Act of 2004, among other measures.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in the EC s request for the establishment
of a panel. Persons submitting comments may either send one copy by fax
to Sandy McKinzy at (202) 395-3640, or transmit a copy electronically
to FR0506@ustr.eop.gov, with ``United States--Aircraft (DS317)'' in the
subject line. For documents sent by fax, USTR requests that the
submitter provide a confirmation copy electronically. 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
[[Page 35496]]
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 of the
submission.
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 of the
submission; 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; the U.S. submissions to the panel in the dispute, 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 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 12 p.m. 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. 05-12023 Filed 6-17-05; 8:45 am]
BILLING CODE 3190-W5-P
