WTO Dispute Settlement Proceeding Regarding Turkey-Measures Affecting the Importation of Rice, 13666-13667 [E6-3783]

Agencies

• Office of the United States Trade Representative
• Trade Representative, Office of United States

[Federal Register Volume 71, Number 51 (Thursday, March 16, 2006)]
[Notices]
[Pages 13666-13667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3783]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-334]


WTO Dispute Settlement Proceeding Regarding Turkey--Measures 
Affecting the Importation of Rice

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, in accordance with the Marrakesh Agreement 
Establishing the World Trade Organization (``WTO Agreement''), the 
United States has requested the establishment of a panel regarding 
Turkey's import restrictions on rice from the United States. That 
request may be found at https://www.wto.org contained in a document 
designated as WT/DS334/4. 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, comments should be submitted on or before May 
17, 2006 to be assured of timely consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
FR0604@ustr.gov, with ``Turkey Rice (DS334)'' in the subject line, or 
(ii) by fax, to Sandy McKinzy at (202) 395-3640, with a confirmation 
copy sent electronically to the electronic mail address above, in 
accordance with the requirements for submission set out below.

FOR FURTHER INFORMATION CONTACT: Jeff Weiss, Assistant General Counsel, 
Office of the United States Trade Representative, 600 17th Street, NW., 
Washington, DC, (202) 395-4498.

SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay 
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing 
notice that the United States has requested the establishment of a WTO 
dispute settlement panel pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes (``DSU''). 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 by the United States

    Under its import regime for rice, Turkey requires an import license 
to import rice. Turkey operates tariff-rate quotas for rice imports 
requiring that, in order to import specified quantities of rice at 
reduced tariff levels, importers must purchase specified quantities of 
domestic rice, including from the Turkish Grain Board, Turkish 
producers, or producer associations. In addition, Turkey denies or 
fails to grant licenses to import rice at or below the bound rate of 
duty without domestic purchase, including at the over-quota rate of 
duty.
    USTR believes these measures are inconsistent with Turkey's 
obligations under:
    1. Article 2.1 and paragraph 1(a) of Annex 1 of the TRIMs Agreement 
because Turkey imposes domestic purchase requirements;
    2. Article III:4 of the GATT 1994 because Turkey accords imported 
rice less favorable treatment than domestic rice through the imposition 
of domestic purchase requirements ``affecting [its] internal sale, 
offering for sale, purchase, transportation, distribution, or use'';
    3. Article XI:1 of the GATT 1994 because Turkey's (1) denial of, or 
failure to grant, import licenses for rice at or below the bound rate 
of duty, and (2) the domestic purchase requirements, both on their own 
and in conjunction, constitute a prohibition or restriction on imports 
other than in the form of duties, taxes, or other charges; and
    4. Article 4.2 of the Agriculture Agreement because Turkey's (1) 
denial of, or failure to grant, import licenses for rice at or below 
the bound rate of duty, and (2) the domestic purchase requirements, 
both on their own and in conjunction, are ``measures of the kind which 
have been required to be converted into ordinary customs duties,'' such 
as quantitative import restrictions, discretionary import licensing, 
and non-tariff measures maintained through a state-trading enterprise, 
which Members may not resort to or maintain under that Agreement.
    USTR also considers that these measures are inconsistent with 
Turkey's obligations under: Articles X:1, X:2, and X:3 of the GATT 1994 
and Articles 1.2, 1.3, 1.4, 1.5, 1.6, 3.2, 3.3, 3.5(a), 3.5(b), 3.5(d), 
3.5(e), 3.5(f), 3.5(g), 3.5(h), 5.1, 5.2, 5.3, and 5.4 of the Import 
Licensing Agreement.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. Comments should be 
submitted (i) electronically, to FR0604@ustr.gov, with ``Turkey Rice 
(DS334)'' in the subject line, or (ii) by fax, to Sandy McKinzy at 
(202) 395-3640, with a confirmation copy sent electronically to the 
electronic mail address 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 commenter. Confidential business information must be 
clearly designated as such and ``BUSINESS CONFIDENTIAL'' must be marked 
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

[[Page 13667]]

received by USTR from the public with respect to the dispute; if a 
dispute settlement panel is convened or in the event of an appeal from 
such a panel, the U.S. submissions, the submissions, or non-
confidential summaries of submissions, received from other participants 
in the dispute; the report of the panel and; if applicable, the report 
of the Appellate Body. An appointment to review the public file (Docket 
WTO/DS-334, Turkey Rice 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 Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
 [FR Doc. E6-3783 Filed 3-15-06; 8:45 am]
BILLING CODE 3190-W6-P