WTO Dispute Settlement Proceeding Regarding United States-Certain Country of Origin Labeling Requirements, 7497-7498 [E9-3291]

Agencies

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

[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Notices]
[Pages 7497-7498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3291]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS384 and WTO/DS386]


WTO Dispute Settlement Proceeding Regarding United States--
Certain Country of Origin Labeling Requirements

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

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SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice that the United States received requests 
for consultations under the Marrakesh Agreement Establishing the World 
Trade Organization (``WTO Agreement'') concerning certain mandatory 
country of origin labeling (COOL) requirements from Canada in a letter 
dated December 1, 2008 and from Mexico in a letter dated December 17, 
2008. Those requests may be found at https://www.wto.org contained in 
documents designated as WT/DS384/1 for Canada and WT/DS386/1 for 
Mexico. USTR invites written comments from the public concerning the 
issues raised in these disputes.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before March 13, 2009 to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted electronically to https://
www.regulations.gov, docket number USTR-2009-0004. If you are unable to 
provide submissions by https://www.regulations.gov, please contact Sandy 
McKinzy at (202) 395-9483 to arrange for an alternative method of 
transmission. If (as explained below), the comment contains 
confidential information, then the comment should be submitted by fax 
only to Sandy McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Priti Seksaria Agrawal, Associate 
General Counsel, Office of the United States Trade Representative, 600 
17th Street, NW., Washington, DC 20508, (202) 395-9439.

SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations 
have been requested pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes (``DSU''). If such 
consultations should fail to resolve the matter and a dispute 
settlement panel is established pursuant to the DSU, such panel, which 
would hold its meetings in Geneva, Switzerland, would be expected to 
issue a report on its findings and recommendations within nine months 
after it is established.

Major Issues Raised by Canada

    On December 1, 2008, Canada requested consultations regarding U.S. 
mandatory COOL. Canada challenges the COOL provisions in the 
Agricultural Marketing Act of 1946, as amended by the Food, 
Conservation, and Energy Act, 2008 (2008 Farm Bill), and implemented in 
the U.S. Department of Agriculture Interim Final Rule published on 
August 1, 2008. These measures contain an obligation to inform 
consumers at the retail level of the country of origin of covered 
commodities, including beef and pork. Canada notes that the eligibility 
of a covered commodity for designation as exclusively U.S. origin 
occurs only when the covered commodity is derived from an animal that 
is exclusively born, raised, and slaughtered in the United States. It 
further notes that such a designation of U.S. origin excludes covered 
commodities from livestock that is exported to the United States for 
feed or immediate slaughter.
    Canada alleges that the U.S. measures appear to be inconsistent 
with the

[[Page 7498]]

General Agreement on Tariffs and Trade 1994 (GATT 1994), Articles 
III:4, IX:4, and X:3, the Agreement on Technical Barriers to Trade, 
Article 2 or in the alternative, the Agreement on the Application of 
Sanitary and Phytosanitary Measures, Articles 2, 5, and 7, and the 
Agreement on Rules of Origin, Article 2. Additionally, Canada alleges 
these violations nullify or impair the benefits accruing to Canada 
under those Agreements and further appear to nullify or impair the 
benefits accruing to Canada in the sense of GATT 1994, Article 
XXIII:1(b).

Major Issues Raised by Mexico

    On December 17, 2008, Mexico requested consultations regarding U.S. 
mandatory COOL. Mexico challenges the COOL provisions in the 
Agricultural Marketing Act of 1946, as amended by the Farm, Security, 
and Rural Investment Act of 2002 and the Food, Conservation, and Energy 
Act, 2008, and implemented by the regulations published in 7 CFR part 
60 and 65. Mexico alleges that for certain products, the determination 
of national origin deviates considerably from international country of 
origin labeling standards, which has not been justified as necessary to 
fulfill a legitimate objective.
    Mexico further alleges that the U.S. measures appear to be 
inconsistent with the General Agreement on Tariffs and Trade 1994 (GATT 
1994), Articles III, IX, and X, the Agreement on Technical Barriers to 
Trade, Article 2 or in the alternative, the Agreement on the 
Application of Sanitary and Phytosanitary Measures, Articles 2, 5, and 
7, and the Agreement on Rules of Origin, Article 2. Additionally, 
Mexico alleges these violations nullify or impair the benefits accruing 
to Mexico under those Agreements and further appear to nullify or 
impair the benefits accruing to Mexico in the sense of GATT 1994, 
Article XXIII:1(b).

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this dispute. Persons may submit public 
comments electronically to https://www.regulations.gov docket number 
USTR-2009-0004. If you are unable to provide submissions by https://
www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to 
arrange for an alternative method of transmission.
    To submit comments via https://www.regulations.gov, enter docket 
number USTR-2009-0004 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. 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.
    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 submitter. 
Confidential business information must be clearly designated as such 
and the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top 
and bottom of the cover page and each succeeding page. Any comment 
containing business confidential information must be submitted by fax 
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the 
confidential information must be submitted to https://
www.regulations.gov. 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.
    Any comment containing confidential information must be submitted 
by fax to Sandy McKinzy at (202) 395-3640. A non-confidential summary 
of the confidential information must be submitted to https://
www.regulations.gov or by fax. The non-confidential summary will be 
placed in the docket and open to public inspection.
    USTR will maintain a docket on this dispute settlement proceeding, 
accessible to the public. 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, any non-confidential 
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.
    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 open to public inspection may be viewed on 
the https://www.regulations.gov Web site.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. E9-3291 Filed 2-13-09; 8:45 am]
BILLING CODE 3190-W9-P