WTO Dispute Settlement Proceeding Regarding European Communities-Certain Measures Affecting Poultry Meat and Poultry Meat Products From the United States, 61200-61201 [E9-28046]

Download as PDF 61200 Federal Register / Vol. 74, No. 224 / Monday, November 23, 2009 / Notices Dated: November 16, 2009. Edward Ramotowski, Deputy Assistant Secretary, Acting, Bureau of Consular Affairs, Department of State. [FR Doc. E9–28041 Filed 11–20–09; 8:45 am] BILLING CODE 4710–06–P DEPARTMENT OF STATE 30-Day Notice of Proposed Information Collection: DS–3032, Choice of Address and Agent for Immigrant Visa Applicants, OMB No. 1405–0126 jlentini on DSKJ8SOYB1PROD with NOTICES ACTION: Notice of request for public comment and submission to OMB of proposed collection of information. SUMMARY: The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. • Title of Information Collection: Choice of Address and Agent for Immigrant Visa Applicants. • OMB Control Number: 1405–0126. • Type of Request: Extension of Currently Approved Collection. • Originating Office: Bureau of Consular Affairs, Office of Visa Services. • Form Number: DS–3032. • Respondents: All immigrant visa applicants. • Estimated Number of Respondents: 330,000. • Estimated Number of Responses: 330,000. • Average Hours per Response: 10 minutes. • Total Estimated Burden: 55,000 hours. • Frequency: Once per application. • Obligation to Respond: Required to obtained benefit. DATES: Submit comments to the Office of Management and Budget (OMB) for up to 30 days from November 23, 2009. ADDRESSES: Direct comments to the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget (OMB). You may submit comments by the following methods: • E-mail: oira_submission@omb.eop.gov. You must include the DS form number, information collection title, and OMB control number in the subject line of your message. • Fax: 202–395–5806. Attention: Desk Officer for Department of State. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection 16:37 Nov 20, 2009 We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary to properly perform our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond. SUPPLEMENTARY INFORMATION: [Public Notice 6817] VerDate Nov<24>2008 listed in this notice, including requests for copies of the proposed information collection and supporting documents, to Lauren Prosnik of the Office of Visa Services, U.S. Department of State, 2401 E. Street, NW., L–603, Washington, DC 20522, who may be reached at (202) 663–2951. Jkt 220001 Abstract of Proposed Collection: When an approved immigrant visa petition is received at the National Visa Center (NVC) and is determined to be current for processing, NVC will send the petition beneficiary Form DS–3032, which allows the beneficiary to choose an agent to receive mailings from NVC and assist in the paperwork or paying required fees. The applicant is not required to choose an agent and may have all mailings sent to an address abroad. However, the alien’s case will be held at NVC until the signed form is returned. If the form is not returned within one year, NVC will begin the case termination process. DS–3032 is not required if a G–28 (Notice of Entry of Appearance as Attorney or Representative) is received from DHS and the attorney is the agent, the alien is self-petitioning, or a child is being adopted. Once the form has been signed and returned to NVC the applicant process will proceed. Methodology: DS–3032 will be submitted via mail to the National Visa Center. Dated: November 16, 2009. Edward Ramotowski, Deputy Assistant Secretary, Acting, Bureau of Consular Affairs, Department of State. [FR Doc. E9–28038 Filed 11–20–09; 8:45 am] BILLING CODE 4710–06–P PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS389] WTO Dispute Settlement Proceeding Regarding European Communities— Certain Measures Affecting Poultry Meat and Poultry Meat Products From the United States 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 on October 23, 2009, the United States requested the establishment of a panel under the Marrakesh Agreement Establishing the World Trade Organization (‘‘WTO Agreement’’) with respect to certain measures of the European Communities (‘‘EC’’) affecting the import and marketing of poultry products from the United States. That request may be found at www.wto.org contained in a document designated as WT/DS389/4. USTR invites written comments from the public concerning the issues raised in this dispute. DATES: Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before January 8, 2010 to be assured of timely consideration by USTR. ADDRESSES: Public comments should be submitted electronically to http:// www.regulations.gov, docket number USTR–2009–0005. 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: J. Sloane Strickler, Assistant General Counsel, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508, (202) 395– 6164. SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and opportunity for comment be provided after the United States submits or receives a request for the establishment of a WTO dispute settlement panel. Consistent with this obligation, USTR is providing notice that the establishment of a dispute settlement panel has been requested pursuant to the WTO E:\FR\FM\23NON1.SGM 23NON1 Federal Register / Vol. 74, No. 224 / Monday, November 23, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES Understanding on Rules and Procedures Governing the Settlement of Disputes (‘‘DSU’’). If such a 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 the United States The EC prohibits the import of poultry treated with any substance other than water unless that substance has been approved by the EC. The EC has not approved any other substance. Consequently, the EC prohibits the import of poultry that has been processed with chemical treatments (‘‘pathogen reduction treatments’’ or ‘‘PRTs’’) designed to reduce the amount of microbes on the meat, effectively prohibiting the shipment of virtually all U.S. poultry to the EC. The EC has not published or otherwise made available the process for approving a substance. The EC also maintains a measure regarding the marketing standards for poultry meat, which defines ‘‘poultrymeat’’ as only ‘‘poultrymeat suitable for human consumption, which has not undergone any treatment other than cold treatment.’’ In 2002, the United States requested the European Commission to approve the use of four PRTs in the production of poultry intended for export to the EC: acidified sodium chlorite, trisodium phosphate, peroxyacids, and chlorine dioxide. However, after more than six years, including unexplained delays, the EC has not approved any of these four PRTs and instead has rejected the approval of their use. The EC’s failure to approve is despite the fact that various EC agencies have issued scientific reports regarding a number of different aspects related to the processing of poultry with these four PRTs. Those reports did not find any scientific basis for banning the use of these PRTs. To the contrary, the conclusion of these reports is that the importation and consumption of poultry processed with these four PRTs does not pose a risk to human health. The United States considers that the EC’s failure to approve these four PRTs is in breach of the EC’s WTO obligations, in particular: Articles 2.2, 5.1, 5.2, 7, and 8, and Annexes B(1), B(5), and C(1) of the Agreement on the Application of Sanitary and Phytosanitary Measures (‘‘SPS Agreement’’); Article 4.2 of the Agreement on Agriculture (‘‘Agriculture Agreement’’); Articles III:4, X:1, and XI:1 of the General Agreement on Tariffs VerDate Nov<24>2008 16:37 Nov 20, 2009 Jkt 220001 and Trade 1994 (‘‘GATT 1994’’); and Article 2.1 of the Agreement on Technical Barriers to Trade (‘‘TBT Agreement’’). 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–2009–0005. 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–2009–0005 on the home page and click ‘‘search’’. 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 ‘‘Submit a Comment.’’ (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 ‘‘Type Comment and Upload File’’ 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 ‘‘Type Comment and Upload File’’ 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. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 61201 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. 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. 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. E9–28046 Filed 11–20–09; 8:45 am] BILLING CODE 3190–W0–P E:\FR\FM\23NON1.SGM 23NON1

Agencies

[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Notices]
[Pages 61200-61201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28046]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS389]


WTO Dispute Settlement Proceeding Regarding European 
Communities--Certain Measures Affecting Poultry Meat and Poultry Meat 
Products From the United States

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 on October 23, 2009, the United 
States requested the establishment of a panel under the Marrakesh 
Agreement Establishing the World Trade Organization (``WTO Agreement'') 
with respect to certain measures of the European Communities (``EC'') 
affecting the import and marketing of poultry products from the United 
States. That request may be found at www.wto.org contained in a 
document designated as WT/DS389/4. USTR invites written comments from 
the public concerning the issues raised in this dispute.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before January 8, 2010 to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2009-0005. 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: J. Sloane Strickler, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-6164.

SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round 
Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and 
opportunity for comment be provided after the United States submits or 
receives a request for the establishment of a WTO dispute settlement 
panel. Consistent with this obligation, USTR is providing notice that 
the establishment of a dispute settlement panel has been requested 
pursuant to the WTO

[[Page 61201]]

Understanding on Rules and Procedures Governing the Settlement of 
Disputes (``DSU''). If such a 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 the United States

    The EC prohibits the import of poultry treated with any substance 
other than water unless that substance has been approved by the EC. The 
EC has not approved any other substance. Consequently, the EC prohibits 
the import of poultry that has been processed with chemical treatments 
(``pathogen reduction treatments'' or ``PRTs'') designed to reduce the 
amount of microbes on the meat, effectively prohibiting the shipment of 
virtually all U.S. poultry to the EC. The EC has not published or 
otherwise made available the process for approving a substance. The EC 
also maintains a measure regarding the marketing standards for poultry 
meat, which defines ``poultrymeat'' as only ``poultrymeat suitable for 
human consumption, which has not undergone any treatment other than 
cold treatment.''
    In 2002, the United States requested the European Commission to 
approve the use of four PRTs in the production of poultry intended for 
export to the EC: acidified sodium chlorite, trisodium phosphate, 
peroxyacids, and chlorine dioxide. However, after more than six years, 
including unexplained delays, the EC has not approved any of these four 
PRTs and instead has rejected the approval of their use.
    The EC's failure to approve is despite the fact that various EC 
agencies have issued scientific reports regarding a number of different 
aspects related to the processing of poultry with these four PRTs. 
Those reports did not find any scientific basis for banning the use of 
these PRTs. To the contrary, the conclusion of these reports is that 
the importation and consumption of poultry processed with these four 
PRTs does not pose a risk to human health.
    The United States considers that the EC's failure to approve these 
four PRTs is in breach of the EC's WTO obligations, in particular: 
Articles 2.2, 5.1, 5.2, 7, and 8, and Annexes B(1), B(5), and C(1) of 
the Agreement on the Application of Sanitary and Phytosanitary Measures 
(``SPS Agreement''); Article 4.2 of the Agreement on Agriculture 
(``Agriculture Agreement''); Articles III:4, X:1, and XI:1 of the 
General Agreement on Tariffs and Trade 1994 (``GATT 1994''); and 
Article 2.1 of the Agreement on Technical Barriers to Trade (``TBT 
Agreement'').

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-2009-0005. 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-2009-0005 on the home page and click ``search''. 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 ``Submit a Comment.'' (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 ``Type Comment and Upload File'' 
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 ``Type Comment and Upload 
File'' 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. 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.
    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. E9-28046 Filed 11-20-09; 8:45 am]
BILLING CODE 3190-W0-P