Trade Representative, Office of United States September 2007 – Federal Register Recent Federal Regulation Documents
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Notice of Meeting of the Industry Trade Advisory Committee on Small and Minority Business (ITAC-11)
The Industry Trade Advisory Committee on Small and Minority Business (ITAC-11) will hold a meeting on Thursday, September 20, 2007, from 9 a.m. to 3:30 p.m. The meeting will be closed to the public from 9 a.m. to 12 p.m. and opened to the public from 1 p.m. to 3:30 p.m.
Notice of Opportunity To Apply for Nominations to the World Trade Organization Dispute Settlement Indicative List of Potential Panelists
The Office of the United States Trade Representative is seeking to update the current list of U.S. non-governmental individuals on the indicative list of potential panelists maintained by the WTO Secretariat, as provided for in Article 8.4 of the DSU. The DSU provides a mechanism for the settlement of disputes between the Members of the WTO. A three-person panel conducts each dispute settlement proceeding and issues a report for consideration by the Dispute Settlement Body (``DSB''). The indicative list assists in selecting panelists for dispute settlement proceedings; panelists often are drawn from the indicative list, although there is no requirement to do so. Article 8.4 of the DSU also provides for periodically updating the indicative list. Section 123(b) of the Uruguay Round Agreement Act (``URAA''), Public Law 103-405, provides that the Trade Representative shall seek to ensure that persons appointed to the WTO indicative list are well-qualified and that the indicative list includes persons with expertise in all of the subject matters covered by the Uruguay Round Agreements. USTR invites citizens of the United States with appropriate qualifications, discussed below, to apply for consideration as a nominee to the indicative list.
Generalized System of Preferences (GSP): Notice Regarding the Acceptance of Product and Country Practice Petitions for the 2007 Annual Review
The Office of the United States Trade Representative (USTR) received petitions in connection with the 2007 GSP Annual Review to modify the list of products that are eligible for duty-free treatment under the GSP program and to modify the GSP status of certain GSP beneficiary developing countries because of country practices. This notice announces the product petitions, other than those requesting competitive need limitation (CNL) waivers, and country practice petitions that are accepted for further review in the 2007 GSP Annual Review. This notice also sets forth the schedule for comment and public hearings on these petitions, for requesting participation in the hearings, and for submitting pre-hearing and post-hearing briefs. The list of accepted petitions is available at: https://www.ustr.gov/Trade Development/PreferencePrograms/GSP/SectionIndex.html [2007 Annual review]. Petitions for CNL waivers are due November 16, 2007 (see 72 FR 28,527), and a review of those petitions will be conducted thereafter.
WTO Dispute Settlement Proceeding Regarding Measures Related to Zeroing and Certain Investigations, Administrative Reviews and Sunset Reviews Involving Products From the European Communities
The Office of the United States Trade Representative (``USTR'') is providing notice that the European Communities (``EC'') has requested the establishment of a panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''). The EC alleges that various measures relating to zeroing and antidumping duty orders on certain products from the EC, and certain related matters, are inconsistent with Articles 1, 2.1, 2.4, 2.4.2, 5.8, 9.1, 9.3, 9.5, 11, and 18.4 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (``AD Agreement''), Article VI of the General Agreement on Tariffs and Trade 1994 (``GATT 1994''), and Article XVI:4 of the WTO Agreement. That request may be found at https://www.wto.org contained in a document designated as WT/DS350/6. USTR invites written comments from the public concerning the issues raised in this dispute. In connection with the issues raised in the panel request, the public should be aware that on March 6, 2006, the Department of Commerce announced that it will no longer use ``zeroing'' when making average-to-average comparisons in an antidumping investigation. See 71 FR 11189.
WTO Dispute Settlement Proceeding Regarding European Communities-Regime for the Importation, Sale and Distribution of Bananas: Recourse by the United States to Article 21.5 of the DSU
The Office of the United States Trade Representative (``USTR'') is providing notice that at the request of the United States, the Dispute Settlement Body (``DSB'') of the World Trade Organization (``WTO''), has established a dispute settlement panel under the Marrakesh Agreement establishing the WTO to examine whether the European Communities (``EC'') has implemented the recommendations and rulings of the DSB in a dispute regarding the EC's import regime for bananas. The request may be found at https://www.wto.org contained in a document designated at WT/DS27/83 (see also the similar request by Ecuador in the document WT/DS27/80). The DSB adopted the findings of the panel and Appellate Body in this proceeding on September 25, 1997. The DSB ruled that the EC's import regime for bananas was inconsistent with the EC's obligations under the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the General Agreement on Trade in Services (``GATS''). An arbitrator appointed under Article 21.3 of the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (``DSU'') awarded the EC a ``reasonable period of time'' in which to come into compliance until January 1, 1999. Nearly a decade after the DSB made its original recommendations and rulings, the United States considers that the EC has failed to bring its import regime for bananas into compliance with its WTO obligation. USTR invites written comments from the public concerning the issues raised in this dispute.
Special 301 Out-of-Cycle Review of Brazil, the Czech Republic, and Pakistan: Request for Public Comment
Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242), requires the United States Trade Representative (USTR) to identify countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. (Section 182 is commonly referred to as the ``Special 301'' provisions of the Trade Act.) In addition, the USTR is required to determine which of these countries should be identified as Priority Foreign Countries. Acts, policies or practices that are the basis of a country's identification as a Priority Foreign Country are normally the subject of an investigation under the section 301 provisions of the Trade Act. On April 27, 2007, USTR announced the results of the 2007 Special 301 Review and stated that Out-of-Cycle Reviews of Brazil, the Czech Republic, and Pakistan would be conducted this year. Pursuant to these Out-of-Cycle Reviews, USTR requests written submissions from the public concerning acts, policies, and practices regarding the adequacy and effectiveness of intellectual property protection and enforcement in Brazil, the Czech Republic, and Pakistan.
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