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

The Office of the United States Trade Representative (USTR) is providing notice of country-by-country allocations of additional fiscal year (FY) 2010 in-quota quantity of the tariff-rate quota (TRQ) for imported raw cane sugar.

The Office of the United States Trade Representative (``USTR'') is providing notice that on April 8, 2010, received a request from the Republic of Korea (``Korea'') for the establishment of a dispute settlement panel 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 in a document designated as WT/DS402/3. USTR invites written comments from the public concerning the issues raised in this dispute.

This publication gives notice that the Office of the United States Trade Representative (USTR), through the Trade Policy Staff Committee (TPSC), is initiating an environmental review of the proposed Trans-Pacific Partnership Trade Agreement (TPP) between the United States and the other countries currently involved in TPP negotiations. The TPSC is requesting written comments from the public on what should be included in the scope of the environmental review, including the potential environmental effects that might flow from the trade agreement and the potential implications for U.S. environmental laws and regulations. The TPSC is also requesting identification of potential complementarities between trade and environmental objectives such as the promotion of sustainable development. The TPSC also welcomes public views on appropriate methodologies and sources of data for conducting the review. The review will be conducted consistent with the relevant procedures of Executive Order 13141 (64 FR 63169) (Nov. 18, 1999) and its implementing guidelines (65 FR 79442). Persons submitting written comments should provide as much detail as possible on the degree to which the subject matter they propose for inclusion in the review may raise significant environmental issues in the context of the negotiation. Public comments on environmental issues submitted in response to a previous notice (74 FR 66720) requesting comments from the public to assist USTR in formulating positions and proposals with respect to all aspects of the negotiation of a Trans-Pacific Partnership Trade Agreement will be taken into account in preparing the environmental review and do not need to be resubmitted.

The Trade Policy Staff Committee (TPSC) is requesting written comments from the public with respect to the expansion of the list of pharmaceuticals subject to reciprocal duty elimination by certain members of the World Trade Organization (WTO). The specific information being sought is described in the background section below.

The Office of the United States Trade Representative (``USTR'') is providing notice that on February 1, 2010, the Socialist Republic of Vietnam (``Vietnam'') requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning a number of antidumping administrative reviews and new shipper reviews conducted by the Department of Commerce on imports of certain frozen warmwater shrimp from Vietnam (Investigation A-552-801), and various U.S. laws, regulations, administrative procedures, practices, and methodologies. That request may be found at https://www.wto.org contained in a document designated as WT/DS404/1. USTR invites written comments from the public concerning the issues raised in this dispute.

The Office of the United States Trade Representative (USTR) has accepted for review a petition to remove certain sleeping bags (HTS9404.30.80) from the list of products eligible for duty-free treatment under the GSP program. This notice sets forth the schedule for submitting comments and review of the petition.

The Office of the United States Trade Representative (``USTR'') is providing notice that on December 9, 2009 the United States received a request from China for the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain measures affecting imports of certain passenger vehicle and light truck tires from China. The request may be found at https://www.wto.org in document WT/DS399/2. USTR invites written comments from the public concerning the issues raised in this dispute.

Executive Order 12260 requires the United States Trade Representative to set the U.S. dollar thresholds for application of Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511 et seq.), which implements U.S. trade agreement obligations, including those under the World Trade Organization (WTO) Agreement on Government Procurement, Chapter 15 of the United States-Australia Free Trade Agreement (U.S.-Australia FTA), Chapter 9 of the United States- Bahrain Free Trade Agreement (U.S.-Bahrain FTA), Chapter 9 of the United States-Chile Free Trade Agreement (U.S.-Chile FTA), Chapter 9 of the Dominican Republic-Central American-United States (DR-CAFTA), Chapter 9 of the United States-Morocco Free Trade Agreement (U.S.- Morocco FTA), Chapter 10 of the North American Free Trade Agreement (NAFTA), Chapter 9 of the United States-Oman Free Trade Agreement (U.S.-Oman FTA), Chapter 9 of the United States-Peru Trade Promotion Agreement (U.S.-Peru TPA), and Chapter 13 of the United States- Singapore Free Trade Agreement (U.S.-Singapore FTA). These obligations apply to covered procurements valued at or above specified U.S. dollar thresholds.

The Office of the United States Trade Representative (``USTR'') is providing notice that on November 19, 2009, the World Trade Organization Dispute Settlement Body established a dispute settlement panel at the request of Canada and Mexico under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain mandatory country of origin labeling (COOL) requirements. Those requests may be found at https://www.wto.org contained in documents designated as WT/DS384/8 for Canada and WT/ DS386/7 for Mexico. USTR invites written comments from the public concerning the issues raised in these disputes.

Chapter 19 of the North American Free Trade Agreement (``NAFTA'') provides for the establishment of a roster of individuals to serve on binational panels convened to review final determinations in antidumping or countervailing duty (``AD/CVD'') proceedings and amendments to AD/CVD statutes of a NAFTA Party. The United States annually renews its selections for the Chapter 19 roster. Applications are invited from eligible individuals wishing to be included on the roster for the period April 1, 2010, through March 31, 2011.

Pursuant to section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3106) (`Section 1377'), the Office of the United States Trade Representative (``USTR'') is reviewing and requests comments on: The operation, effectiveness, and implementation of and compliance with the following agreements regarding telecommunications products and services of the United States: the World Trade Organization (``WTO'') General Agreement on Trade in Services; the North American Free Trade Agreement (``NAFTA''); U.S. free trade agreements (``FTAs'') with Australia, Bahrain, Chile, Morocco, Oman, Peru, and Singapore; and the Dominican Republic-Central America-United States Free Trade Agreement (``CAFTA-DR''). The USTR will conclude the review by March 31, 2010.

The Office of the United States Trade Representative (USTR) received petitions in connection with the 2009 GSP Annual Review to modify the list of products that are eligible for duty-free treatment under the GSP program (``2009 GSP Annual Product Review''). This Notice announces the petitions accepted for review to add or remove products from the list of products eligible for duty-free treatment under GSP and sets forth the review schedule for comment and public hearings, for requesting participation in the hearings, for submitting pre-hearing and post-hearing briefs, and for commenting on the U.S. International Trade Commission's (USITC) report on probable economic effects. The list of accepted petitions is available at: https://www.ustr.gov/trade- topics/trade-development/preference-programs/generalized-syst em- preference-gsp/current-review-1 [2009 Annual Review] and at Regulations.gov, Docket Number USTR-2009-0036.

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 (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. (The provisions of Section 182 are commonly referred to as the ``Special 301'' provisions of the Trade Act.) The USTR is required to determine which, if any, of these countries should be identified as Priority Foreign Countries. In addition, USTR has created a ``Priority Watch List'' and ``Watch List'' under Special 301 provisions. Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that country with respect to IPR protection, enforcement, or market access for persons relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas.

Pursuant to section 181 of the Trade Act of 1974, as amended (19 U.S.C. 2241), the Office of the United States Trade Representative (USTR) is required to publish annually the National Trade Estimate Report on Foreign Trade Barriers (NTE). With this notice, the Trade Policy Staff Committee (TPSC) is requesting interested persons to submit comments to assist it in identifying significant barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the NTE.

The African Growth and Opportunity Act Implementation Subcommittee of the Trade Policy Staff Committee (the ``Subcommittee'') is requesting written public comments for the annual review of the eligibility of sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). The Subcommittee will consider these comments in developing recommendations on AGOA country eligibility for the President. Comments received related to the child labor criteria may also be considered by the Secretary of Labor for the preparation of the Department of Labor's report on child labor as required under section 412(c) of the Trade and Development Act of 2000. This notice identifies the eligibility criteria that must be considered under the AGOA, and lists those sub-Saharan African countries that are currently eligible for the benefits of the AGOA, and those that are currently ineligible for such benefits.

The Office of the United States Trade Representative (``USTR'') is providing notice that on August 20, 2009, Brazil requested the establishment of a panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain issues relating to the imposition by the United States of antidumping measures on certain orange juice from Brazil. That request may be found at https://www.wto.org contained in a document designated as WT/DS382/4. USTR invites written comments from the public concerning the issues raised in this dispute.

The Industry Trade Advisory Committee on Small and Minority Business (ITAC-11) will hold a meeting on Monday, September 14, 2009, 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 12 p.m. to 3:30 p.m.

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 opened the new beef TRQ on August 1, 2009. This notice undertakes 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.

The United States Trade Representative (USTR) is assessing how and to what extent the free trade agreement (FTA) between the United States and the Republic of Korea (Korea) signed on June 30, 2007 makes progress in achieving the applicable purposes, policies, priorities, and objectives of the Bipartisan Trade Promotion Authority Act of 2002 (``TPA Act'') (19 U.S.C. 3801 note) as set out in section 2102 of the TPA Act and carries out the provisions of the May 10, 2007 Congressional-Executive Agreement on Trade Policy, https://www.ustr.gov/ sites/default/files/uploads/factsheets/2007/asset_upload_file 127_ 11319.pdf (``May 10 Agreement''). The FTA has not yet entered into effect. The interagency Trade Policy Staff Committee (TPSC) seeks public comment to assist the USTR in its assessment.

The Office of the United States Trade Representative (``USTR'') is providing notice that on June 23, 2009, the People's Republic of China (``China'') requested the establishment of a panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with respect to certain measures affecting the import of poultry products from China into the United States. That request may be found at https://www.wto.org contained in a document designated as WT/DS392/2. USTR invites written comments from the public concerning the issues raised in this dispute.

The United States Trade Representative (USTR) has determined not to initiate an investigation under section 301 of the Trade Act of 1974 with respect to a petition alleging that the Government of Israel has breached obligations under the WTO Agreement to protect intellectual property rights (IPR).

This notice announces that the Office of the United States Trade Representative (USTR) will receive petitions in 2009 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 determines that the deadline for submission of country practice petitions for the 2009 Annual GSP Product and Country Eligibility Practices Review is 5 p.m., Wednesday, June 24, 2009. This notice further determines that the deadline for submission of product petitions, other than those requesting competitive need limitation (CNL) waivers or section 503(c)(1)(E) determinations regarding products not produced in the United States on January 1, 1995, is 5 p.m., Wednesday, June 24, 2009. The deadline for submission of petitions requesting CNL waivers and 503(c)(1)(E) determinations regarding products not produced in the United States on January 1, 1995 is 5 p.m., Tuesday, November 17, 2009. The lists of product petitions and country practice petitions accepted for review will be announced in the Federal Register at later dates.

Pursuant to section 533 of the Airport and Airway Improvement Act of 1982, as amended (49 U.S.C. 50104), the United States Trade Representative (USTR) has determined not to list any countries as denying fair market opportunities for U.S. products, suppliers, or bidders in foreign government-funded airport construction projects.

The Office of the United States Trade Representative (``USTR'') is providing notice that on March 9, 2009, Mexico requested the establishment of a panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning U.S. limitations on the use of a dolphin-safe label for tuna and tuna products. That request may be found at https://www.wto.org contained in a document designated as WT/DS381/4. USTR invites written comments from the public concerning the issues raised in this dispute.