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]
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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.
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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/
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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
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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 https://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 https://
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 https://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’’).
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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.
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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
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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
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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 https://
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 https://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 https://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
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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 https://
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
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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
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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 https://
www.prc.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
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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
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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
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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).
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[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]
-----------------------------------------------------------------------
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 https://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 https://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 https://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.
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\1\ The six hormones at issue are estradiol 17-[beta],
testosterone, progesterone, zeranol, trenbolone acetate (``TBA'')
and melengestrol acetate (``MGA'').
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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 https://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 https://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 https://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 https://
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]
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