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

Download as PDF sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 74, No. 30 / Tuesday, February 17, 2009 / Notices 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 website 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. 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 http:// www.regulations.gov. The nonconfidential 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 http://www.regulations.gov or by fax. The non-confidential VerDate Nov<24>2008 19:45 Feb 13, 2009 Jkt 217001 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 nonconfidential submissions, or nonconfidential 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 http://www.regulations.gov Web site. Daniel Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E9–3293 Filed 2–13–09; 8:45 am] BILLING CODE 3190–W9–P 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. 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 http:// 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. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 7497 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 http:// www.regulations.gov, docket number USTR–2009–0004. If you are unable to provide submissions by http:// 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 E:\FR\FM\17FEN1.SGM 17FEN1 7498 Federal Register / Vol. 74, No. 30 / Tuesday, February 17, 2009 / Notices 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). sroberts on PROD1PC70 with NOTICES 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 http:// www.regulations.gov docket number USTR–2009–0004. If you are unable to provide submissions by http:// www.regulations.gov, please contact Sandy McKinzy at (202) 395–9483 to arrange for an alternative method of transmission. To submit comments via http:// www.regulations.gov, enter docket number USTR–2009–0004 on the home VerDate Nov<24>2008 19:45 Feb 13, 2009 Jkt 217001 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. 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 http://www.regulations.gov. The nonconfidential 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 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 submitted to http://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 nonconfidential submissions, or nonconfidential 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 http://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 SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From:Securities and Exchange Commission,Office of Investor Education and Advocacy,Washington, DC 20549–0213. Extension: Form 8–K; OMB Control No. 3235–0060; SEC File No. 270–50. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Form 8–K (17 CFR 249.308) is filed by issuers to satisfy their current reporting obligations pursuant to Sections 13 and 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m and 78o(d)) in connection with the occurrence of E:\FR\FM\17FEN1.SGM 17FEN1

Agencies

[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.

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

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 http://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 http://
www.regulations.gov, docket number USTR-2009-0004. If you are unable to 
provide submissions by http://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 http://www.regulations.gov docket number 
USTR-2009-0004. If you are unable to provide submissions by http://
www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to 
arrange for an alternative method of transmission.
    To submit comments via http://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 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. 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 http://
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 http://
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 http://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