Section 301 Petition on Mexico's Acts, Policies, and Practices Concerning Seasonal and Perishable Agricultural Products, 65280 [2022-23502]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Notices]
[Page 65280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23502]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Section 301 Petition on Mexico's Acts, Policies, and Practices 
Concerning Seasonal and Perishable Agricultural Products

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: On September 8, 2022, the Office of the United States Trade 
Representative (USTR) received a petition requesting an investigation 
of certain alleged acts, policies, and practices of the government of 
Mexico concerning seasonal and perishable agricultural products. Due to 
the complexities of the factual and legal issues raised in the 
petition, the U.S. Trade Representative could not conclude during the 
45-day statutory review period that an investigation would be effective 
and is not opening an investigation at this time. In light of 
challenges faced by U.S. producers, USTR in coordination with the U.S. 
Department of Agriculture (USDA) will establish a private-sector 
industry advisory panel to recommend measures to promote the 
competitiveness of producers of seasonal and perishable produce in the 
southeastern United States. Furthermore, USTR and USDA will work with 
the petitioners and producers to examine the issues raised in the 
petition and to consider any further actions that may be appropriate.

DATES: This notice is applicable on October 23, 2022.

FOR FURTHER INFORMATION CONTACT: Assistant General Counsels David Lyons 
at (202) 395-9446 or Rachel Hasandras at (202) 395-5725, or Director 
for Agricultural Affairs Colby Branch at (202) 395-9070.

SUPPLEMENTARY INFORMATION: On September 8, 2022, certain members of 
Florida's congressional delegation filed a petition under section 
302(a) of the Trade Act of 1974, as amended (Trade Act) alleging that 
certain acts, policies, and practices of the government of Mexico 
concerning seasonal and perishable agricultural products constitute an 
export targeting scheme, and that the alleged scheme is unreasonable 
and burdens or restricts U.S. commerce. The alleged export targeting 
scheme has two components. First, the petition alleges that beginning 
in the early 2000s Mexico has used certain programs specifically to 
subsidize its seasonal and perishable agricultural industry, and to 
enable that industry to expand its exports to the United States. 
Second, the petition alleges that wage rates in Mexico give Mexico's 
seasonal and perishable agriculture industry an unfair competitive 
advantage. The petition claims that the alleged export targeting scheme 
has resulted in a surge in imports of seasonal and perishable 
agricultural products from Mexico, and that Florida producers are 
adversely affected.
    Section 302(a)(2) of the Trade Act provides that the U.S. Trade 
Representative must determine whether to initiate an investigation not 
later than 45 days after the filing of a petition (in this case, by 
October 23, 2022). Section 302(c) of the Trade Act provides that in 
determining whether to initiate a Section 301 investigation, the U.S. 
Trade Representative has discretion to determine whether action under 
Section 301 would be effective in addressing an alleged act, policy, or 
practice. Section 305(b) of the Trade Act provides for a private-sector 
advisory panel as a specific response to export targeting.
    Evaluation of the petition entails a detailed review and analysis 
of multiple government measures, and legal analyses of the interplay 
between the measures and legal standards under Section 301. Due to the 
complexity of the legal and factual issues raised in the petition, the 
U.S. Trade Representative could not conclude within the 45-day 
statutory period that a formal 301 investigation would be effective and 
is not opening an investigation at this time. The U.S. Trade 
Representative made the decision under Section 302(c) on October 22, 
2022.
    In light of challenges faced by southeastern U.S. producers as 
described in the petition, USTR announced on October 23, 2022, that 
USTR in coordination with USDA will establish a private-sector industry 
advisory panel to recommend measures to promote the competitiveness of 
producers of seasonal and perishable produce in the southeastern United 
States. USTR and USDA will consider recommendations of the advisory 
panel and work with Members of Congress as appropriate to develop 
possible administrative actions and legislation that would benefit U.S. 
producers. Furthermore, USTR and USDA will work with the petitioners 
and producers to examine the issues raised in the petition and to 
consider any further actions that may be appropriate.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2022-23502 Filed 10-27-22; 8:45 am]
BILLING CODE 3390-F3-P