Review of Action Taken in Connection With WTO Dispute Settlement Proceedings on the European Communities' Measures Concerning Meat and Meat Products, 66066-66074 [E8-26545]

Download as PDF 66066 Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Notices method that will prevent reconstruction of the information in whole or in part. [FR Doc. E8–26464 Filed 11–5–08; 8:45 am] BILLING CODE 7590–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Andean Trade Preference Act (ATPA), as Amended: Notice Regarding the 2008 Annual Review Office of the United States Trade Representative. ACTION: Notice. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: With respect to the Annual Review under the ATPA, the Office of the United States Trade Representative (USTR) received no new petitions in August-September 2008 to review certain practices in a beneficiary developing country to determine whether such country is in compliance with the ATPA eligibility criteria. USTR received updates to two petitions that are currently under review and a request to withdraw a petition that was under review. This notice specifies the status of the petitions filed in prior years that have remained under review. This notice does not relate to the Boliviaspecific review initiated on October 1, 2008 (73 FR 57158). FOR FURTHER INFORMATION CONTACT: Bennett M. Harman, Deputy Assistant U.S. Trade Representative for Latin America, at (202) 395–9446. SUPPLEMENTARY INFORMATION: The ATPA (19 U.S.C. 3201 et seq.), as renewed and amended by the Andean Trade Promotion and Drug Eradication Act of 2002 (ATPDEA) in the Trade Act of 2002 (Pub. L. 107–210) and the Act to Extend the Andean Trade Preference Act (Pub. L. 110–436), provides trade benefits for eligible Andean countries. Pursuant to section 3103(d) of the ATPDEA, USTR promulgated regulations (15 CFR part 2016) (68 FR 43922) regarding the review of eligibility of countries for the benefits of the ATPA, as amended. The 2008 Annual ATPA Review is the fifth such review to be conducted pursuant to the ATPA regulations. In a Federal Register notice dated August 14, 2008, USTR initiated the 2008 ATPA Annual Review and announced a deadline of September 15, 2008 for the filing of petitions (73 FR 47633). Chevron submitted information updating the petition it originally filed in 2004, which remains under review. USTR also received updated information from the U.S./Labor Education in the Americas Project (US/ VerDate Aug<31>2005 19:11 Nov 05, 2008 Jkt 217001 LEAP) concerning its petition related to worker rights in Ecuador, which has been under consideration since the 2003 ATPA review. The AFL–CIO filed a submission which indicated that it is no longer seeking a removal of ATPA benefits from Ecuador over worker rights issues. The Trade Policy Staff Committee (TPSC) is therefore terminating its review of the AFL–CIO petition filed in 2003. Following is the list of all petitions from prior years that will remain under review through December 31, 2009, which is the period that the ATPA is in effect: Ecuador Human Rights Watch. Ecuador U.S./Labor Education in the Americas Project. Ecuador Chevron Texaco. Peru Princeton Dover. Peru Duke Energy. Carmen Suro-Bredie, Chairman, Trade Policy Staff Committee. [FR Doc. E8–26546 Filed 11–5–08; 8:45 am] BILLING CODE 3190–W9–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR–2008–0036] Review of Action Taken in Connection With WTO Dispute Settlement Proceedings on the European Communities’ Measures Concerning Meat and Meat Products Office of the United States Trade Representative. ACTION: Request for comments. AGENCY: SUMMARY: The interagency section 301 Committee is soliciting written comments on possible modifications to the action taken by the United States Trade Representative (‘‘Trade Representative’’) in connection with the World Trade Organization (‘‘WTO’’) authorization in the EC-Beef Hormones dispute to the United States to suspend concessions and related obligations with respect to the European Communities (‘‘EC’’). The EC-Beef Hormones dispute concerned the EC’s ban on the import of U.S. meat and meat products produced from animals treated with any of six hormones for growth promotion purposes. Annex I to this notice contains a list of EC products with respect to which the United States is currently imposing increased rates of duty (100 percent ad valorem) pursuant to the WTO’s authorization. Annex II to this notice contains a list of potential alternative products under consideration for the imposition of increased duties. Comments are PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 requested with respect to (i) whether products listed in Annex I should be removed from the list or remain on the list (and if a product remains on the list, whether the currently applied rate of duty should be increased), (ii) whether products listed in Annex II should be included on a revised list and be subjected to increased rates of duty, and (iii) the products of which member States of the EC should be subjected to increased rates of duty. DATES: To be assured of consideration, comments should be submitted by 5 p.m. on December 8, 2008. ADDRESSES: Comments should be submitted (i) electronically via the Internet at http://www.regulations.gov, 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 http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Gwendolyn Diggs, Staff Assistant to the section 301 Committee, (202) 395–5830, for questions concerning procedures for filing submissions in response to this notice; Roger Wentzel, Director, Agricultural Affairs, (202) 395–6127 or David Weiner, Director for the European Union, (202) 395–4620 for questions concerning the EC-Beef Hormones dispute; or William Busis, Associate General Counsel (202) 395–3150 and Chair of the Section 301 Committee, for questions concerning procedures under Section 301. For further information on using the http://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. SUPPLEMENTARY INFORMATION: A. The EC-Beef Hormones Case The EC bans the import of beef and beef products produced from animals to which any of six hormones 1 have been administered for growth promotion purposes. The effect of the EC ban is to prohibit the import of substantially all U.S.-produced beef and beef products. In February 1998, the WTO Dispute Settlement Body (‘‘DSB’’) found that the EC ban was inconsistent with EC obligations under the WTO Agreement. In July 1999, a WTO arbitrator determined that the EC import ban on U.S. beef and beef products has nullified or impaired U.S. benefits under the WTO Agreement in the amount of $116.8 million each year. On July 26, 1999, the DSB authorized the 1 The six hormones at issue are estradiol 17-b, testosterone, progesterone, zeranol, trenbolone acetate (‘‘TBA’’) and melengestrol acetate (‘‘MGA’’). E:\FR\FM\06NON1.SGM 06NON1 Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Notices sroberts on PROD1PC70 with NOTICES United States to suspend the application to the EC, and member States thereof, of WTO tariff concessions and related obligations covering trade in an amount of $116.8 million per year. Pursuant to that authorization, the Office of the United States Trade Representative (‘‘USTR’’) announced a list of EC products, reprinted in Annex I to this notice, that would be subject to a 100 percent rate of duty effective with respect to products entered, or withdrawn from warehouse, for consumption on or after July 29, 1999. (See 64 FR 40638.) Since that time, the United States and the EC have continued to consult in an effort to resolve this dispute. The EC argues that EC legislation of 2003 implementing the import ban on beef and beef products produced from animals treated with certain hormones brought the EC into compliance with its WTO obligations. In January 2005, the EC requested the establishment of a WTO dispute settlement panel to consider the EC claim that the United States was no longer authorized to suspend concessions as a result of the EC’s adoption of the new legislation implementing the import ban. (See 70 FR 8655 for a description of this dispute brought by the EC.) On October 16, 2008, the WTO Appellate Body issued a report rejecting the EC claim and confirming that the July 1999 DSB authorization to suspend concessions remains in effect unless and until the DSB adopts a report finding that the EC has brought its measures into compliance with WTO obligations. B. Section 306 of the Trade Act of 1974, as Amended Section 306(b)(2)(B) of the Trade Act provides for the periodic review and revision of section 301 actions taken in the course of a WTO dispute settlement proceeding. Section 306(b)(2)(B)(ii) provides exceptions in the event that (1) the USTR and the section 301 petitioner (or, if USTR self-initiated the section 301 investigation, the affected U.S. industry) agree that changing the action under section 301 is unnecessary, or (2) resolution of the case is imminent. Section 306 provides that the standard for revising actions is to select changes that are most likely to result in implementation of the DSB recommendations, or in achieving some other satisfactory resolution of the dispute. The provision also requires that lists of products subject to increased duties—both initially and after each of the periodic changes—include reciprocal goods of the U.S. industries affected by the measure at issue in the WTO dispute. VerDate Aug<31>2005 19:11 Nov 05, 2008 Jkt 217001 The USTR and the affected U.S. industry have agreed that changes in the action taken under section 301 in connection with the EC-Beef Hormones dispute have been unnecessary; accordingly, the exception under section 306(b)(2)(B) is currently in effect. As noted, on October 16, 2008, the WTO Appellate Body issued a report confirming that DSB authorization to suspend concessions remains in effect. No further WTO findings in this dispute are expected in the immediate future. In these circumstances, and as reflected in this notice, the Trade Representative is now considering revisions to the action taken in connection with the EC-Beef Hormones dispute and is revisiting the increased duties to ascertain whether any modifications are necessary or appropriate. Neither the publication of this notice, nor a possible decision by the Trade Representative to revise the prior action, should be construed as a determination with respect to whether or not the EC legislation of 2003 implementing the import ban on beef and beef products is consistent with WTO rules. C. Section 307 of the Trade Act of 1974, as Amended Section 307 of the Trade Act of 1974, as amended, provides for a review of actions taken under section 301, including actions taken in connection with a WTO dispute settlement proceeding. In particular, section 307 provides for the Trade Representative to conduct a review of— (A) The effectiveness in achieving the objectives of section 301 of— (i) Such action, and (ii) Other actions that could be taken (including actions against other products or services), and (B) The effects of such actions on the U.S. economy, including consumers. D. Request for Public Comments In order to assist in a possible revision to the action in accordance with section 306 of the Trade Act, and to provide information in connection with a review under section 307 of the Trade Act, the section 301 Committee seeks public comments with respect to the specific products on the lists in the Annexes to this notice. Annex I consists of products, which were drawn from the list in Annex II, currently subject to 100 percent duties in connection with the EC-Beef Hormones dispute. Annex II contains a list of alternative products under consideration for the possible imposition of increased duties. Concerning the products listed in Annex I, the section 301 Committee PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 66067 invites comments with respect to whether particular products should be removed from the list or should remain on the list, and if a product remains on the list, whether the current 100 percent rate of duty is sufficiently high to achieve the objectives of encouraging a satisfactory resolution of the dispute. Concerning products listed in Annex II that are not currently subject to 100 percent duties, the section 301 Committee invites comments with respect to whether particular products should be included on a revised list and thus be subject to increased duties, and with respect to the rate of duty that would be best suited to the objective of encouraging a satisfactory resolution of the dispute. The comments sought by the section 301 Committee with respect to particular products should address: (i) Whether maintaining or imposing increased duties on a particular product would be practicable or effective in terms of encouraging a favorable resolution of the dispute, and (ii) whether maintaining or imposing increased duties on a particular product would cause disproportionate economic harm to U.S. interests, including smallor medium-size businesses and consumers. In addition, the section 301 Committee requests comments on whether actions with respect to particular products should be taken with respect to products of all member States of the European Communities, or whether action should be taken with respect to products of one or more particular member States of the European Communities. The European Communities currently has 27 member States: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom. In the annexed product lists, the items with respect to which comments are requested are (1) classified in the indicated headings or subheadings of the Harmonized Tariff Schedule of the United States (‘‘HTS’’); and (2) the product of the indicated member States of the European Communities. The product descriptions in the annexes are for information purposes only; the product descriptions are not intended to delimit in any way the scope of products that are the subject of this notice. Rather, the numerical headings and subheadings of the HTS listed in the annexes govern the scope of this notice. In the instances where a 4-digit HTS heading appears in the left column E:\FR\FM\06NON1.SGM 06NON1 66068 Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Notices sroberts on PROD1PC70 with NOTICES of the lists, comments are requested with respect to any of the products classified in any of the 8-digit subheadings appearing in the HTS indented under those 4-digit headings. To be assured of consideration, written comments should be submitted by 5 p.m. on December 8, 2008. To submit comments via http:// www.regulations.gov, enter docket number USTR–2008–0036 on the home page and click ‘‘go’’. 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 searchresults page, and click on the link entitled ‘‘Send a Comment or Submission.’’ (For further information on using the http://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 http://www.regulations.gov site provides the option of providing comments by filling in a ‘‘General Comments’’ field, or by attaching a document. Given the detailed nature of the comments sought by the section 301 Committee, it is expected that most comments will be provided in an VerDate Aug<31>2005 19:11 Nov 05, 2008 Jkt 217001 attached document. If a document is attached, it is sufficient to type ‘‘See attached’’ in the ‘‘General Comments’’ field. Submissions must include on the first page a clear reference in bold and/or underlining to the HTS number(s) and product(s) which are the subject of the submission. Submissions must state clearly the position taken and describe with specificity the supporting rationale and must be written in English. Comments will be placed in the docket and open to public inspection pursuant to 15 CFR 2006.13, except confidential business information exempt from public inspection in accordance with 15 CFR 2006.15 or information determined by USTR to be confidential in accordance with 19 U.S.C. 2155(g)(2). Comments may be viewed on the http:// www.regulations.gov Web site by entering docket number USTR–2008– 0036 in the search field on the home page. Persons wishing to submit business confidential information must certify in writing that such information is confidential in accordance with 15 CFR 2006.15(b), and such information must be clearly marked ‘‘BUSINESS CONFIDENTIAL’’ at the top and bottom PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 of the cover page and each succeeding page. Any comment containing business confidential information must be accompanied by a non-confidential summary of the confidential information. The non-confidential summary will be placed in the docket and open to public inspection. 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) Must provide a non-confidential summary of the information or advice. The non-confidential summary will be placed in the docket and open to public inspection. William L. Busis, Chair, Section 301 Committee. BILLING CODE 3190–W9–P E:\FR\FM\06NON1.SGM 06NON1 VerDate Aug<31>2005 19:11 Nov 05, 2008 Jkt 217001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4725 E:\FR\FM\06NON1.SGM 06NON1 66069 EN06NO08.000</GPH> sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Notices VerDate Aug<31>2005 Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Notices 19:11 Nov 05, 2008 Jkt 217001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4725 E:\FR\FM\06NON1.SGM 06NON1 EN06NO08.001</GPH> sroberts on PROD1PC70 with NOTICES 66070 VerDate Aug<31>2005 19:11 Nov 05, 2008 Jkt 217001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4725 E:\FR\FM\06NON1.SGM 06NON1 66071 EN06NO08.002</GPH> sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Notices VerDate Aug<31>2005 Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Notices 19:11 Nov 05, 2008 Jkt 217001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4725 E:\FR\FM\06NON1.SGM 06NON1 EN06NO08.003</GPH> sroberts on PROD1PC70 with NOTICES 66072 VerDate Aug<31>2005 19:11 Nov 05, 2008 Jkt 217001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4725 E:\FR\FM\06NON1.SGM 06NON1 66073 EN06NO08.004</GPH> sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Notices 66074 Federal Register / Vol. 73, No. 216 / Thursday, November 6, 2008 / Notices BILLING CODE 3190–W9–C POSTAL REGULATORY COMMISSION [Docket Nos. MC2009–6 and CP2009–7; Order No. 125] Express Mail & Priority Mail Contract Postal Regulatory Commission. Notice. AGENCY: ACTION: SUMMARY: The Commission is noticing a recently-filed Postal Service request to add Express Mail & Priority Mail Contract 1 to the Competitive Product List. The Postal Service has also filed a related contract. This notice addresses procedural steps associated with these filings. DATES: Comments are due November 10, 2008. Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: sroberts on PROD1PC70 with NOTICES Stephen L. Sharfman, General Counsel, 202–789–6820 and stephen.sharfman@prc.gov. SUPPLEMENTARY INFORMATION: I. Introduction On October 27, 2008, the Postal Service filed a formal request pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 VerDate Aug<31>2005 19:11 Nov 05, 2008 Jkt 217001 et seq. to add Express Mail & Priority Mail Contract 1 to the Competitive Product List.1 The Postal Service asserts that the Express Mail & Priority Mail Contract 1 product is a competitive product ‘‘not of general applicability’’ within the meaning of 39 U.S.C. 3632(b)(3). Id. at 1. The Request has been assigned Docket No. MC2009–6. The Postal Service contemporaneously filed a contract related to the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. The contract has been assigned Docket No. CP2009–7. The Postal Service represents that the contract fits within the proposed Mail Classification Schedule (MCS) language. Request. The Request incorporates (1) a redacted version of the Governors’ Decision authorizing the new product; (2) a redacted version of the contract; (3) requested changes in the MCS product list; (4) a statement of supporting justification as required by 39 CFR 3020.32; and (5) certification of compliance with 39 U.S.C. 3633(a).2 1 Request of the United States Postal Service to Add Express Mail & Priority Mail Contract 1 to Competitive Product List and Notice of Establishment of Rates and Class Not of General Applicability, October 27, 2008 (Request). 2 Attachment A to the Request consists of the redacted Decision of the Governors of the United States Postal Service on Establishment of Rate and Class Not of General Applicability for Priority Mail & Express Mail Services (Governors’ Decision No. 08–17). The Governors’ Decision includes an attachment which provides an analysis of the PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 Substantively, the Request seeks to add Express Mail & Priority Mail Contract 1 to the Competitive Product List. Id. at 1– 2. In the statement of supporting justification, Kim Parks, Sales and Communications, Expedited Shipping, asserts that the service to be provided under the contract will cover its attributable costs, make a positive contribution to institutional costs, and increase contribution toward the requisite 5.5 percent of the Postal Service’s total institutional costs. Id., Attachment D. Thus, Ms. Parks contends there will be no issue of subsidization of competitive products by market dominant products as a result of this contract. Id. Related contract. A redacted version of the specific Express Mail & Priority Mail Contract 1 is included with the Request. The contract is for 3 years and is to be effective 1 day after the Commission provides all necessary regulatory approvals. The Postal Service represents that the contract is consistent with 39 U.S.C. 3633(a) and 39 CFR 3015.7(c). See id., Attachment A and Attachment E. It notes that actual performance under this contract could proposed Express Mail & Priority Mail Contract 1. Attachment B is the redacted version of the contract. Attachment C shows the requested changes to the MCS product list. Attachment D provides a statement of supporting justification for this Request. Attachment E provides the certification of compliance with 39 U.S.C. 3633(a). E:\FR\FM\06NON1.SGM 06NON1 EN06NO08.005</GPH> [FR Doc. E8–26545 Filed 11–5–08; 8:45 am]

Agencies

[Federal Register Volume 73, Number 216 (Thursday, November 6, 2008)]
[Notices]
[Pages 66066-66074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26545]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2008-0036]


Review of Action Taken in Connection With WTO Dispute Settlement 
Proceedings on the European Communities' Measures Concerning Meat and 
Meat Products

AGENCY: Office of the United States Trade Representative.

ACTION: Request for comments.

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

SUMMARY: The interagency section 301 Committee is soliciting written 
comments on possible modifications to the action taken by the United 
States Trade Representative (``Trade Representative'') in connection 
with the World Trade Organization (``WTO'') authorization in the EC-
Beef Hormones dispute to the United States to suspend concessions and 
related obligations with respect to the European Communities (``EC''). 
The EC-Beef Hormones dispute concerned the EC's ban on the import of 
U.S. meat and meat products produced from animals treated with any of 
six hormones for growth promotion purposes. Annex I to this notice 
contains a list of EC products with respect to which the United States 
is currently imposing increased rates of duty (100 percent ad valorem) 
pursuant to the WTO's authorization. Annex II to this notice contains a 
list of potential alternative products under consideration for the 
imposition of increased duties. Comments are requested with respect to 
(i) whether products listed in Annex I should be removed from the list 
or remain on the list (and if a product remains on the list, whether 
the currently applied rate of duty should be increased), (ii) whether 
products listed in Annex II should be included on a revised list and be 
subjected to increased rates of duty, and (iii) the products of which 
member States of the EC should be subjected to increased rates of duty.

DATES: To be assured of consideration, comments should be submitted by 
5 p.m. on December 8, 2008.

ADDRESSES: Comments should be submitted (i) electronically via the 
Internet at http://www.regulations.gov, 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 http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Gwendolyn Diggs, Staff Assistant to 
the section 301 Committee, (202) 395-5830, for questions concerning 
procedures for filing submissions in response to this notice; Roger 
Wentzel, Director, Agricultural Affairs, (202) 395-6127 or David 
Weiner, Director for the European Union, (202) 395-4620 for questions 
concerning the EC-Beef Hormones dispute; or William Busis, Associate 
General Counsel (202) 395-3150 and Chair of the Section 301 Committee, 
for questions concerning procedures under Section 301. For further 
information on using the http://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.

SUPPLEMENTARY INFORMATION:

A. The EC-Beef Hormones Case

    The EC bans the import of beef and beef products produced from 
animals to which any of six hormones \1\ have been administered for 
growth promotion purposes. The effect of the EC ban is to prohibit the 
import of substantially all U.S.-produced beef and beef products. In 
February 1998, the WTO Dispute Settlement Body (``DSB'') found that the 
EC ban was inconsistent with EC obligations under the WTO Agreement. In 
July 1999, a WTO arbitrator determined that the EC import ban on U.S. 
beef and beef products has nullified or impaired U.S. benefits under 
the WTO Agreement in the amount of $116.8 million each year. On July 
26, 1999, the DSB authorized the

[[Page 66067]]

United States to suspend the application to the EC, and member States 
thereof, of WTO tariff concessions and related obligations covering 
trade in an amount of $116.8 million per year. Pursuant to that 
authorization, the Office of the United States Trade Representative 
(``USTR'') announced a list of EC products, reprinted in Annex I to 
this notice, that would be subject to a 100 percent rate of duty 
effective with respect to products entered, or withdrawn from 
warehouse, for consumption on or after July 29, 1999. (See 64 FR 
40638.)
    Since that time, the United States and the EC have continued to 
consult in an effort to resolve this dispute.
---------------------------------------------------------------------------

    \1\ The six hormones at issue are estradiol 17-[beta], 
testosterone, progesterone, zeranol, trenbolone acetate (``TBA'') 
and melengestrol acetate (``MGA'').
---------------------------------------------------------------------------

    The EC argues that EC legislation of 2003 implementing the import 
ban on beef and beef products produced from animals treated with 
certain hormones brought the EC into compliance with its WTO 
obligations. In January 2005, the EC requested the establishment of a 
WTO dispute settlement panel to consider the EC claim that the United 
States was no longer authorized to suspend concessions as a result of 
the EC's adoption of the new legislation implementing the import ban. 
(See 70 FR 8655 for a description of this dispute brought by the EC.)
    On October 16, 2008, the WTO Appellate Body issued a report 
rejecting the EC claim and confirming that the July 1999 DSB 
authorization to suspend concessions remains in effect unless and until 
the DSB adopts a report finding that the EC has brought its measures 
into compliance with WTO obligations.

B. Section 306 of the Trade Act of 1974, as Amended

    Section 306(b)(2)(B) of the Trade Act provides for the periodic 
review and revision of section 301 actions taken in the course of a WTO 
dispute settlement proceeding. Section 306(b)(2)(B)(ii) provides 
exceptions in the event that (1) the USTR and the section 301 
petitioner (or, if USTR self-initiated the section 301 investigation, 
the affected U.S. industry) agree that changing the action under 
section 301 is unnecessary, or (2) resolution of the case is imminent. 
Section 306 provides that the standard for revising actions is to 
select changes that are most likely to result in implementation of the 
DSB recommendations, or in achieving some other satisfactory resolution 
of the dispute. The provision also requires that lists of products 
subject to increased duties--both initially and after each of the 
periodic changes--include reciprocal goods of the U.S. industries 
affected by the measure at issue in the WTO dispute.
    The USTR and the affected U.S. industry have agreed that changes in 
the action taken under section 301 in connection with the EC-Beef 
Hormones dispute have been unnecessary; accordingly, the exception 
under section 306(b)(2)(B) is currently in effect.
    As noted, on October 16, 2008, the WTO Appellate Body issued a 
report confirming that DSB authorization to suspend concessions remains 
in effect. No further WTO findings in this dispute are expected in the 
immediate future. In these circumstances, and as reflected in this 
notice, the Trade Representative is now considering revisions to the 
action taken in connection with the EC-Beef Hormones dispute and is 
revisiting the increased duties to ascertain whether any modifications 
are necessary or appropriate. Neither the publication of this notice, 
nor a possible decision by the Trade Representative to revise the prior 
action, should be construed as a determination with respect to whether 
or not the EC legislation of 2003 implementing the import ban on beef 
and beef products is consistent with WTO rules.

C. Section 307 of the Trade Act of 1974, as Amended

    Section 307 of the Trade Act of 1974, as amended, provides for a 
review of actions taken under section 301, including actions taken in 
connection with a WTO dispute settlement proceeding. In particular, 
section 307 provides for the Trade Representative to conduct a review 
of--
    (A) The effectiveness in achieving the objectives of section 301 
of--
    (i) Such action, and
    (ii) Other actions that could be taken (including actions against 
other products or services), and
    (B) The effects of such actions on the U.S. economy, including 
consumers.

D. Request for Public Comments

    In order to assist in a possible revision to the action in 
accordance with section 306 of the Trade Act, and to provide 
information in connection with a review under section 307 of the Trade 
Act, the section 301 Committee seeks public comments with respect to 
the specific products on the lists in the Annexes to this notice. Annex 
I consists of products, which were drawn from the list in Annex II, 
currently subject to 100 percent duties in connection with the EC-Beef 
Hormones dispute. Annex II contains a list of alternative products 
under consideration for the possible imposition of increased duties.
    Concerning the products listed in Annex I, the section 301 
Committee invites comments with respect to whether particular products 
should be removed from the list or should remain on the list, and if a 
product remains on the list, whether the current 100 percent rate of 
duty is sufficiently high to achieve the objectives of encouraging a 
satisfactory resolution of the dispute. Concerning products listed in 
Annex II that are not currently subject to 100 percent duties, the 
section 301 Committee invites comments with respect to whether 
particular products should be included on a revised list and thus be 
subject to increased duties, and with respect to the rate of duty that 
would be best suited to the objective of encouraging a satisfactory 
resolution of the dispute.
    The comments sought by the section 301 Committee with respect to 
particular products should address: (i) Whether maintaining or imposing 
increased duties on a particular product would be practicable or 
effective in terms of encouraging a favorable resolution of the 
dispute, and (ii) whether maintaining or imposing increased duties on a 
particular product would cause disproportionate economic harm to U.S. 
interests, including small-or medium-size businesses and consumers. In 
addition, the section 301 Committee requests comments on whether 
actions with respect to particular products should be taken with 
respect to products of all member States of the European Communities, 
or whether action should be taken with respect to products of one or 
more particular member States of the European Communities. The European 
Communities currently has 27 member States: Austria, Belgium, Bulgaria, 
Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, 
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, 
the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, 
Sweden, and the United Kingdom.
    In the annexed product lists, the items with respect to which 
comments are requested are (1) classified in the indicated headings or 
subheadings of the Harmonized Tariff Schedule of the United States 
(``HTS''); and (2) the product of the indicated member States of the 
European Communities. The product descriptions in the annexes are for 
information purposes only; the product descriptions are not intended to 
delimit in any way the scope of products that are the subject of this 
notice. Rather, the numerical headings and subheadings of the HTS 
listed in the annexes govern the scope of this notice. In the instances 
where a 4-digit HTS heading appears in the left column

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of the lists, comments are requested with respect to any of the 
products classified in any of the 8-digit subheadings appearing in the 
HTS indented under those 4-digit headings.
    To be assured of consideration, written comments should be 
submitted by 5 p.m. on December 8, 2008.
    To submit comments via http://www.regulations.gov, enter docket 
number USTR-2008-0036 on the home page and click ``go''. 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 ``Send a Comment or Submission.'' (For 
further information on using the http://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 http://www.regulations.gov site provides the option of 
providing comments by filling in a ``General Comments'' field, or by 
attaching a document. Given the detailed nature of the comments sought 
by the section 301 Committee, 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 ``General Comments'' field.
    Submissions must include on the first page a clear reference in 
bold and/or underlining to the HTS number(s) and product(s) which are 
the subject of the submission. Submissions must state clearly the 
position taken and describe with specificity the supporting rationale 
and must be written in English.
    Comments will be placed in the docket and open to public inspection 
pursuant to 15 CFR 2006.13, except confidential business information 
exempt from public inspection in accordance with 15 CFR 2006.15 or 
information determined by USTR to be confidential in accordance with 19 
U.S.C. 2155(g)(2). Comments may be viewed on the http://
www.regulations.gov Web site by entering docket number USTR-2008-0036 
in the search field on the home page.
    Persons wishing to submit business confidential information must 
certify in writing that such information is confidential in accordance 
with 15 CFR 2006.15(b), and such information must be clearly marked 
``BUSINESS CONFIDENTIAL'' at the top and bottom of the cover page and 
each succeeding page. Any comment containing business confidential 
information must be accompanied by a non-confidential summary of the 
confidential information. The non-confidential summary will be placed 
in the docket and open to public inspection.
    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) Must provide a non-confidential summary of the information or 
advice.
    The non-confidential summary will be placed in the docket and open 
to public inspection.

William L. Busis,
Chair, Section 301 Committee.
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 [FR Doc. E8-26545 Filed 11-5-08; 8:45 am]
BILLING CODE 3190-W9-C