WTO Dispute Settlement Proceeding Regarding European Communities-Regime for the Importation, Sale and Distribution of Bananas: Recourse by the United States to Article 21.5 of the DSU, 51267-51268 [07-4341]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Notices the Czech Republic, or Pakistan in the field of intellectual property rights and the effect of the acts, policies, and practices of Brazil, the Czech Republic, or Pakistan on U.S. industry. Comments should be as detailed as possible and should provide all necessary information for assessing the effect of any acts, policies, and practices of Brazil, the Czech Republic, or Pakistan. Any comments that include quantitative loss claims should be accompanied by the methodology used in calculating such estimated losses. Comments must be in English. No submissions will be accepted via postal service mail. Documents should be submitted as either WordPerfect, MS Word, .pdf, or text (.TXT) files. Supporting documentation submitted as spreadsheets are acceptable as Quattro Pro or Excel files. All comments and supporting documentation by USTR will be made available to the public through electronic or other means. A submitter requesting that information contained in a comment 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. A non-confidential version of the comment must also be provided. For any document containing business confidential information, the file name of the business confidential version should begin with the characters ‘‘BC-’’, and the file name of the public version should begin with the character ‘‘P-’’. The ‘‘P-’’ or ‘‘BC-’’ should be followed by the name of the submitter. Submissions should not include separate cover letters; information that might appear in a cover letter should be included in the submission itself. 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. DATES: Submissions must be received on or before 10 a.m. on Monday, October 15, 2007. All comments should be addressed to Jennifer Choe Groves, Director for Intellectual Property and Innovation and Chair of the Special 301 Committee, Office of the United States Trade Representative, and sent (i) Electronically, to FR0606@ustr.eop.gov (please note, ‘‘FR0606’’ consists of the numbers ‘‘zero-six-zero-six,’’ with ‘‘Brazil, Czech Republic, Pakistan Outof-Cycle Review’’ in the subject line, or (ii) by fax, to (202) 395–9458, with a confirmation copy sent electronically to the e-mail address above. Public inspection of submissions: (1) Within one business day of receipt, non- VerDate Aug<31>2005 18:25 Sep 05, 2007 Jkt 211001 confidential submissions will be placed in a public file open for inspection at the USTR reading room, Office of the United States Trade Representative, Annex Building, 1724 F Street, NW., Room 1, Washington, DC. An appointment to review the file must be scheduled at least 48 hours in advance and may be made by calling Jacqueline Caldwell at (202) 395–6186. The USTR reading room is open to the public from 10 a.m. to noon and from 1 p.m. to 4 p.m., Monday through Friday. Christopher S. Wilson, Acting Assistant USTR for Intellectual Property and Innovation. [FR Doc. 07–4335 Filed 9–5–07; 8:45 am] BILLING CODE 3190–W7–M OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS–27] WTO Dispute Settlement Proceeding Regarding European Communities— Regime for the Importation, Sale and Distribution of Bananas: Recourse by the United States to Article 21.5 of the DSU 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 that at the request of the United States, the Dispute Settlement Body (‘‘DSB’’) of the World Trade Organization (‘‘WTO’’), has established a dispute settlement panel under the Marrakesh Agreement establishing the WTO to examine whether the European Communities (‘‘EC’’) has implemented the recommendations and rulings of the DSB in a dispute regarding the EC’s import regime for bananas. The request may be found at https://www.wto.org contained in a document designated at WT/DS27/83 (see also the similar request by Ecuador in the document WT/DS27/80). The DSB adopted the findings of the panel and Appellate Body in this proceeding on September 25, 1997. The DSB ruled that the EC’s import regime for bananas was inconsistent with the EC’s obligations under the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the General Agreement on Trade in Services (‘‘GATS’’). An arbitrator appointed under Article 21.3 of the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (‘‘DSU’’) awarded the EC a ‘‘reasonable period of time’’ in which to come into PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 51267 compliance until January 1, 1999. Nearly a decade after the DSB made its original recommendations and rulings, the United States considers that the EC has failed to bring its import regime for bananas into compliance with its WTO obligation. 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 September 21, 2007 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted (i) electronically, to FR0718@ustr.eop.gov, with ‘‘EC Bananas (DS27)’’ 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 submissions set out below. FOR FURTHER INFORMATION CONTACT: ´ ´ Marıa L. Pagan, Associate General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395– 7305. SUPPLEMENTARY INFORMATION: USTR is providing notice that the United States has requested the establishment of a WTO dispute settlement compliance panel pursuant to the DSU. The Article 21.5 panel, which will hold its meetings in Geneva, Switzerland, is expected to issue a report on its findings and recommendations by February 29, 2008. Prior WTO Proceedings On September 25, 1997, the DSB adopted its recommendations and rulings in a dispute brought by the United States, Ecuador, Guatemala, Honduras, and Mexico challenging the EC’s then existing import regime for bananas. The DSB ruled that the EC’s import regime for bananas was inconsistent with the EC’s obligations under the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the General Agreement on Trade in Services (GATS). An arbitrator appointed under Article 21.3 of the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) awarded the EC a ‘‘reasonable period of time’’ in which to come into compliance until January 1, 1999. At the end of the reasonable period of time, the EC implemented a first set of changes to the import regime for bananas that were found to perpetuate a discriminatory tariff-rate quota (‘‘TRQ’’) system and license-based system in breach of the GATT 1994 and the GATS. In November E:\FR\FM\06SEN1.SGM 06SEN1 51268 Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Notices 1999, the EC announced a second attempt to reform its banana regime, which would comprise a two-stage process involving a transition period during which a TRQ system would be applied with preferential access for African, Caribbean and Pacific (ACP) countries, after which a tariff-only regime would be introduced. The transition period was to end no later than January 1, 2006. This two-stage proposal was memorialized in separate understandings reached with the United States and Ecuador in April 2001. Documents related to this longstanding dispute are available in the USTR reading room and on the WTO Web site, https://www.wto.org. mstockstill on PROD1PC66 with NOTICES Article 21.5 Proceeding On January 1, 2006, the EC implemented a new import regime for bananas which consists of: (1) A zeroduty, 775,000 ton TRQ available only to bananas originating in ACP countries; and (2) an MFN duty of 176 euros per ton for all other bananas. The United States considers that the EC has failed to implement the DSB’s recommendations and rulings and that the EC’s regime remains inconsistent with its WTO obligations. The United States considers that the EC’s current import regime for bananas is: (1) Inconsistent with Article I of the GATT 1994 because it applies a zeroduty TRQ to imports of bananas originating in ACP countries in a quantity up to 775,000 tons but does not accord the same duty-free treatment to imports of bananas originating in all other WTO Members; and (2) Inconsistent with Article XIII of the GATT 1994—including Article XIII:1 and XIII:2—because it reserves the 775,000 ton zero-duty TRQ for imports of bananas originating in ACP countries but does not provide access to this preferential TRQ to imports of bananas originating in non-ACP substantial or non-substantial supplying countries. 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 FR0718@ustr.eop.gov, with ‘‘EC Bananas (DS27)’’ in the subject line, or (i) 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 VerDate Aug<31>2005 18:25 Sep 05, 2007 Jkt 211001 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. Persons who submit confidential business information are encouraged to also provide a non-confidential summary of the information. Information or advice contained in a comment submitted, other than business confidential information, may be determine 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 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. The USTR Reading Room is open to the public, by appointment only, from 10 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. An appointment to review the public file (Docket WTO/DS–27, EC Bananas Dispute) may be made by PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 calling the USTR Reading Room at (202) 395–6186. Daniel E. Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. 07–4341 Filed 9–5–07; 8:45 am] BILLING CODE 3190–W7–M OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS350] WTO Dispute Settlement Proceeding Regarding Measures Related to Zeroing and Certain Investigations, Administrative Reviews and Sunset Reviews Involving Products From the European Communities 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 that the European Communities (‘‘EC’’) has requested the establishment of a panel under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’). The EC alleges that various measures relating to zeroing and antidumping duty orders on certain products from the EC, and certain related matters, are inconsistent with Articles 1, 2.1, 2.4, 2.4.2, 5.8, 9.1, 9.3, 9.5, 11, and 18.4 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (‘‘AD Agreement’’), Article VI of the General Agreement on Tariffs and Trade 1994 (‘‘GATT 1994’’), and Article XVI:4 of the WTO Agreement. That request may be found at https:// www.wto.org contained in a document designated as WT/DS350/6. USTR invites written comments from the public concerning the issues raised in this dispute. In connection with the issues raised in the panel request, the public should be aware that on March 6, 2006, the Department of Commerce announced that it will no longer use ‘‘zeroing’’ when making average-toaverage comparisons in an antidumping investigation. See 71 FR 11189. DATES: Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before October 26, 2007 to be assured of timely consideration by USTR. ADDRESSES: Comments should be submitted (i) Electronically, to FR0702@ustr.eop.gov, Attn: ‘‘EC Zeroing II (DS350)’’ in the subject line, or (ii) by fax, to Sandy McKinzy at (202) 395– E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Notices]
[Pages 51267-51268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4341]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-27]


WTO Dispute Settlement Proceeding Regarding European 
Communities--Regime for the Importation, Sale and Distribution of 
Bananas: Recourse by the United States to Article 21.5 of the DSU

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 at the request of the United 
States, the Dispute Settlement Body (``DSB'') of the World Trade 
Organization (``WTO''), has established a dispute settlement panel 
under the Marrakesh Agreement establishing the WTO to examine whether 
the European Communities (``EC'') has implemented the recommendations 
and rulings of the DSB in a dispute regarding the EC's import regime 
for bananas. The request may be found at https://www.wto.org contained 
in a document designated at WT/DS27/83 (see also the similar request by 
Ecuador in the document WT/DS27/80). The DSB adopted the findings of 
the panel and Appellate Body in this proceeding on September 25, 1997. 
The DSB ruled that the EC's import regime for bananas was inconsistent 
with the EC's obligations under the General Agreement on Tariffs and 
Trade 1994 (GATT 1994) and the General Agreement on Trade in Services 
(``GATS''). An arbitrator appointed under Article 21.3 of the WTO 
Understanding on Rules and Procedures Governing the Settlement of 
Disputes (``DSU'') awarded the EC a ``reasonable period of time'' in 
which to come into compliance until January 1, 1999. Nearly a decade 
after the DSB made its original recommendations and rulings, the United 
States considers that the EC has failed to bring its import regime for 
bananas into compliance with its WTO obligation. 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 
September 21, 2007 to be assured of timely consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
FR0718@ustr.eop.gov, with ``EC Bananas (DS27)'' 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 submissions set out below.

FOR FURTHER INFORMATION CONTACT: Mar[iacute]a L. Pag[aacute]n, 
Associate General Counsel, Office of the United States Trade 
Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395-
7305.

SUPPLEMENTARY INFORMATION: USTR is providing notice that the United 
States has requested the establishment of a WTO dispute settlement 
compliance panel pursuant to the DSU. The Article 21.5 panel, which 
will hold its meetings in Geneva, Switzerland, is expected to issue a 
report on its findings and recommendations by February 29, 2008.

Prior WTO Proceedings

    On September 25, 1997, the DSB adopted its recommendations and 
rulings in a dispute brought by the United States, Ecuador, Guatemala, 
Honduras, and Mexico challenging the EC's then existing import regime 
for bananas. The DSB ruled that the EC's import regime for bananas was 
inconsistent with the EC's obligations under the General Agreement on 
Tariffs and Trade 1994 (GATT 1994) and the General Agreement on Trade 
in Services (GATS). An arbitrator appointed under Article 21.3 of the 
WTO Understanding on Rules and Procedures Governing the Settlement of 
Disputes (DSU) awarded the EC a ``reasonable period of time'' in which 
to come into compliance until January 1, 1999. At the end of the 
reasonable period of time, the EC implemented a first set of changes to 
the import regime for bananas that were found to perpetuate a 
discriminatory tariff-rate quota (``TRQ'') system and license-based 
system in breach of the GATT 1994 and the GATS. In November

[[Page 51268]]

1999, the EC announced a second attempt to reform its banana regime, 
which would comprise a two-stage process involving a transition period 
during which a TRQ system would be applied with preferential access for 
African, Caribbean and Pacific (ACP) countries, after which a tariff-
only regime would be introduced. The transition period was to end no 
later than January 1, 2006. This two-stage proposal was memorialized in 
separate understandings reached with the United States and Ecuador in 
April 2001. Documents related to this longstanding dispute are 
available in the USTR reading room and on the WTO Web site, https://
www.wto.org.

Article 21.5 Proceeding

    On January 1, 2006, the EC implemented a new import regime for 
bananas which consists of: (1) A zero-duty, 775,000 ton TRQ available 
only to bananas originating in ACP countries; and (2) an MFN duty of 
176 euros per ton for all other bananas.
    The United States considers that the EC has failed to implement the 
DSB's recommendations and rulings and that the EC's regime remains 
inconsistent with its WTO obligations. The United States considers that 
the EC's current import regime for bananas is:
    (1) Inconsistent with Article I of the GATT 1994 because it applies 
a zero-duty TRQ to imports of bananas originating in ACP countries in a 
quantity up to 775,000 tons but does not accord the same duty-free 
treatment to imports of bananas originating in all other WTO Members; 
and
    (2) Inconsistent with Article XIII of the GATT 1994--including 
Article XIII:1 and XIII:2--because it reserves the 775,000 ton zero-
duty TRQ for imports of bananas originating in ACP countries but does 
not provide access to this preferential TRQ to imports of bananas 
originating in non-ACP substantial or non-substantial supplying 
countries.

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 FR0718@ustr.eop.gov, with ``EC Bananas 
(DS27)'' in the subject line, or (i) 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. 
Persons who submit confidential business information are encouraged to 
also provide a non-confidential summary of the information.
    Information or advice contained in a comment submitted, other than 
business confidential information, may be determine 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 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. The USTR Reading Room is 
open to the public, by appointment only, from 10 a.m. to noon and 1 
p.m. to 4 p.m., Monday through Friday. An appointment to review the 
public file (Docket WTO/DS-27, EC Bananas Dispute) may be made by 
calling the USTR Reading Room at (202) 395-6186.

Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 07-4341 Filed 9-5-07; 8:45 am]
BILLING CODE 3190-W7-M

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