Trade Representative, Office of United States 2009 – Federal Register Recent Federal Regulation Documents

The Office of the United States Trade Representative (``USTR'') is providing notice that on November 24, 2009, the Republic of Korea requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain issues relating to the imposition of antidumping measures on stainless steel plate in coils, stainless steel sheet and strip in coils, and diamond sawblades and parts thereof from Korea. That request may be found at https://www.wto.org contained in a document designated as WT/DS402/1. USTR invites written comments from the public concerning the issues raised in this dispute.

The Office of the United States Trade Representative (``USTR'') is providing notice that on November 4, 2009, in accordance with the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''), the United States requested that the WTO Dispute Settlement Body establish a dispute settlement panel to review the U.S. claims concerning restraints on the export from China of various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus, and zinc (the ``materials''). That request may be found at https://www.wto.org contained in a document designated as WT/DS394/7. USTR invites written comments from the public concerning the issues raised in this dispute.

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.

This notice affirms the previously announced deadline of November 17, 2009, for submission of petitions requesting: (1) Competitive Need Limitation (CNL) waivers; and (2) determinations regarding eligible products not produced in the United States on January 1, 1995. The list of petitions for such CNL waivers and determinations that are accepted for review, along with the date of public hearing, receipt of comments, and availability of U.S. International Trade Commission (USITC) advice, will be announced in the Federal Register at a later date.

The Office of the United States Trade Representative (USTR) is providing notice of country-by-country allocations of the Fiscal Year (FY) 2010 in-quota quantity of the tariff-rate quotas for imported raw cane sugar, refined and specialty sugar, and sugar-containing products.

The Office of the United States Trade Representative (``USTR'') is providing notice that on September 14, 2009, the People's Republic of China (``China'') requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with respect to certain measures affecting the import of certain passenger vehicle and light truck tires from China (China tires) into the United States. That request may be found at https://www.wto.org contained in a document designated as WT/ DS399/1. USTR invites written comments from the public concerning the issues raised in this dispute.

On May 13, 2009, the United States and the European Communities (``EC'') announced the signing of a Memorandum of Understanding (MOU) in the Beef Hormones dispute. Under the first phase of the agreement, the EC is obligated to open a new beef tariff-rate quota (TRQ) in the amount of 20,000 metric tons at zero rate of duty. The United States in turn is obligated not to increase additional duties above those in effect as of March 23, 2009. The EC established the new beef TRQ on August 1, 2009. The Office of the United States Trade Representative (USTR) is providing notice that the Trade Representative is terminating additional duties that were announced in January 2009, but which have been delayed up to now and have never entered into force. This action leaves in place the additional duties that have been in effect since March 23, 2009 on a reduced list of products. (For ease of reference, the reduced list is reprinted in the annex to this notice.) By taking this action, the Trade Representative has completed the process necessary to implement U.S. obligations under the first phase of the MOU and to pursue additional market access under subsequent phases of the MOU.

This notice announces the initiation of a review to consider designating the Republic of Maldives as a beneficiary developing country for purposes of the GSP program, and solicits public comments on whether Maldives meets the eligibility criteria for designation as a beneficiary developing country. Comments are due by Friday, October 16, 2009, and must be submitted in accordance with the requirements set out below.

The interagency Trade Policy Staff Committee (TPSC) will convene a public hearing and seek public comment to assist the Office of the United States Trade Representative (USTR) in the preparation of its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO).

The Trade Policy Staff Committee (TPSC) is seeking the views of interested parties on the operation of the Caribbean Basin Economic Recovery Act (CBERA), as amended by the Caribbean Basin Trade Partnership Act (CBTPA) (19 U.S.C. 2701 et seq.). Section 212(f) of the CBERA, as amended, requires the President to submit a report to Congress regarding the operation of the CBERA and CBTPA (together commonly referred to as the Caribbean Basin Initiative, or CBI) on or before December 31, 2001, and every two years thereafter. The TPSC invites written comments concerning the operation of the CBI, including comments on the performance of each CBERA and CBTPA beneficiary country, as the case may be, under the criteria described in sections 212(b), 212(c), and 213(b)(5)(B) of the CBERA, as amended. This information will be used in the preparation of a report to the U.S. Congress on the operation of the program.

The United States Trade Representative (USTR) is conducting a review of labor-related issues in the context of the free trade agreement (FTA) between the United States and the Republic of Colombia (Colombia) signed on November 22, 2006, and amended on June 28, 2007. The FTA has not yet entered into effect. As part of that review, the interagency Trade Policy Staff Committee (TPSC) seeks comment from the public to assist the USTR in working with the Colombian government to secure continued progress in ensuring that Colombia's workers can fully exercise their fundamental labor rights.

The United States International Trade Commission (ITC) has determined, pursuant to section 421(b)(1) of the Trade Act of 1974, as amended (the Trade Act) (19 U.S.C. 2451(b)(1)), that certain passenger vehicle and light truck tires \1\ from the People's Republic of China (China) are being imported into the United States in such increased quantities or under such conditions as to cause market disruption to the domestic producers of like or directly competitive products. Pursuant to section 421(h)(1) of the Trade Act, the United States Trade Representative (USTR) is publishing notice of proposed restrictions with respect to imports of Chinese tires. USTR invites domestic producers, importers, exporters, and other interested parties to submit their views and evidence on the appropriateness of the proposed restrictions and whether they would be in the public interest. USTR also invites interested parties to participate in a public hearing (if one is requested).

This notice announces: (1) The disposition of the product petitions accepted for review in the 2008 GSP Annual Product Review; (2) the results of the 2008 Competitive Need Limitations (CNL) Waiver Review; (3) the results of the 2008 Competitive Need Limitation Waiver Revocation Review; (4) the addition of a product to the list of products that were not produced in the United States on January 1, 1995; (5) the results of the 2008 De Minimis Waiver and Redesignation Reviews; and (6) the continuation of the 2008 Country Practices Review.

The Office of the United States Trade Representative (``USTR'') is providing notice that on June 23, 2009, in accordance with the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''), the United States requested consultations regarding restraints on the export from China of various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus, and zinc (the ``materials''). That request may be found at https://www.wto.org contained in a document designated as WT/DS394/1. USTR invites written comments from the public concerning the issues raised in this dispute.

In Proclamation 8323 of November 25, 2008, the President modified the rules of origin for certain goods of Canada under the North American Free Trade Agreement (NAFTA) incorporated in the Harmonized Tariff Schedule of the United States (the ``HTS''). The proclamation stated that the modifications would be effective on the date that the United States Trade Representative (USTR) announced in the Federal Register and are effective with respect to goods of Canada that are entered, or withdrawn from warehouse for consumption, on or after the date indicated in the notice. The purpose of this notice is to announce that the effective date for the modifications is July 1, 2009. The changes were printed in the Federal Register of November 28, 2008, Volume 73, Number 230, page 72,682.

On January 15, 2009, the United States Trade Representative (``Trade Representative'') announced modifications (``January 15 modifications'') to the action taken in July 1999 in connection with the World Trade Organization (``WTO'') authorization of the United States in the EC-Beef Hormones dispute to suspend concessions and related obligations with respect to the European Communities (``EC''). See 74 FR 4265 (Jan. 23, 2009). The January 15 modifications initially had an effective date of March 23, 2009. The Trade Representative subsequently delayed the effective date of the additional duties imposed under the January 15 modifications until April 23, 2009, and then to May 9, 2009. The effective date of the removal of duties under the January 15 modifications remained March 23, 2009. See 74 FR 11613 (March 18, 2009); 74 FR 12402 (March 24, 2009); 74 FR 19263 (April 28, 2009). On May 6, 2009, the United States and the European Commission announced an ``agreement in principle'' regarding the dispute. The first phase of the agreement provides that the United States will not apply retaliatory duties greater than those currently in effect. In order to allow time to complete the procedures under the Trade Act of 1974, as amended (Trade Act), that are needed to prevent the application of the additional duties under the January 15 modifications, the Trade Representative has decided to delay the effective date of the additional duties from May 9, 2009 to August 15, 2009.

On January 15, 2009, the United States Trade Representative (``Trade Representative'') announced modifications (``January 15 modifications'') to the action taken in July 1999 in connection with the World Trade Organization (``WTO'') authorization of the United States in the EC-Beef Hormones dispute to suspend concessions and related obligations with respect to the European Communities (``EC''). See 74 FR 4265 (Jan. 23, 2009). The January 15 modifications initially had an effective date of March 23, 2009. The Trade Representative subsequently delayed the effective date of the additional duties imposed under the January 15 modifications until April 23, 2009. The effective date of the removal of duties under the January 15 modifications remained March 23, 2009. See 74 FR 11613 (March 18, 2009); 74 FR 12402 (March 24, 2009). In order to allow additional time to reach agreement with the EC on an interim solution that would provide benefits to the U.S. beef industry, the Trade Representative has decided to delay the effective date of the additional duties imposed under the January 15 modifications from April 23, 2009 until May 9, 2009.

The Trade Policy Staff Committee is seeking the views of interested parties on six questions regarding U.S. equipment industry access to the EC Galileo program and European markets for related goods and services, which pertain to Articles 5, 6, and 8 of the Agreement on the Promotion, Provision and Use of Galileo and GPS Satellite-Based Navigation Systems and Related Applications (``Agreement''). USTR will use this information in connection with its preparation of a report to Congress, as requested in the explanatory statement accompanying the Omnibus Appropriations Act, 2009, and to identify issues that may merit further discussion with the EC and its Member States under the consultation mechanism established under the Agreement.

The Dominican Republic-Central America-United States Free Trade Agreement (``CAFTA-DR'' or ``Agreement'') requires the establishment of four rosters of individuals that would be available to serve as panelists in dispute settlement proceedings arising under the Agreement. A general roster is required to be established under Chapter Twenty (Dispute Settlement). Chapter Twelve (Financial Services), Chapter Sixteen (Labor), and Chapter Seventeen (Environment) require the establishment of separate rosters for disputes arising under those chapters.

On January 15, 2009, the United States Trade Representative (`Trade Representative') announced modifications (`January 15 modifications') to the action taken in July 1999 in connection with the World Trade Organization (``WTO'') authorization to the United States in the EC-Beef Hormones dispute to suspend concessions and related obligations with respect to the European Communities (``EC''). See 74 FR 4265 (Jan. 23, 2009). The January 15 modifications had an effective date of March 23, 2009. In order to allow additional time to reach agreement with the EC on an interim solution that would provide benefits to the U.S. beef industry, the Trade Representative has decided to delay for one month (until April 23, 2009) the effective date of the additional duties imposed under the January 15 modifications. The effective date of the removal of duties under the January 15 modifications will remain March 23, 2009. Effective Date: As set out in Annex I to this notice, the removal of duties on items deleted from the product list under the January 15 modifications shall be effective with respect to products that are entered, or withdrawn from warehouse, for consumption on or after March 23, 2009. As set out in Annex II to this notice, the additional duties under the January 15 modifications shall be effective with respect to products that are entered, or withdrawn from warehouse, for consumption on or after April 23, 2009.

The United States Trade Representative (USTR) published a document in the Federal Register of August 4, 2006, concerning a determination under the African Growth and Opportunity Act (AGOA) in respect of Burkina Faso. The document did not expressly include a modification to list Burkina Faso in note 2(d) to Subchapter XIX of chapter 98 of the Harmonized Tariff Schedule of the United States (HTSUS).

A notice was published in the Federal Register dated February 26, 2009, Volume 74 page 8819 and March 4,2009, Volume number 74, Notice 41, page 9438, announcing a meeting of the Industry Trade Advisory Committee on Small and Minority Business (ITAC-11), scheduled for March 9, 2009, from 9 a.m. to 3:30 p.m. The meeting was to be closed to the public from 9 a.m. to 12:30 p.m. and open to the public from 1 p.m. to 3:30 p.m. However, the meeting has been cancelled in its entirety.

The correct date for The Industry Trade Advisory Committee on Small and Minority Business (ITAC-11) published in Federal Register Volume 74 page 8819 is Monday, March 9, 2009. The meeting will be closed to the public from 9 a.m. to 12:30 p.m. and opened to the public from 1 p.m. to 3:30 p.m.

This notice makes rectifications to the Harmonized Tariff Schedule of the United States (HTS) to reflect that Peru remains a designated beneficiary country for purposes of the Andean Trade Promotion and Drug Eradication Act (ATPDEA) and that the President has suspended Bolivia's designation as beneficiary country for the purposes of the ATPDEA.

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.