Office of the United States Trade Representative April 2009 – Federal Register Recent Federal Regulation Documents
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Notice With Respect to List of Countries Denying Fair Market Opportunities for Government-Funded Airport Construction Projects
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.
Additional Delay in Modification of Action Taken in Connection With WTO Dispute Settlement Proceedings on the European Communities' Ban on Imports of U.S. Beef and Beef Products
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.
WTO Dispute Settlement Proceeding Regarding United States-Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products
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.
Request for Public Comments Regarding Status of U.S. Equipment Industry Access to the European Community's (EC) Galileo Program and European Markets for Related Goods and Services
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.
Free Trade Agreements; Invitation for Applications for Inclusion on the Dominican Republic-Central America-United States Free Trade Agreement Dispute Settlement Rosters
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.
Initiation of Section 302 Investigation, Determination of Action Under Section 301, and Request for Comments: Canada-Compliance With Softwood Lumber Agreement
Under the 2006 Softwood Lumber Agreement (SLA), Canada agreed to impose export measures on Canadian exports of softwood lumber products to the United States. At the request of the United States, an arbitral tribunal established under the SLA found that Canada had not complied with certain SLA obligations, and in February 2009 the tribunal issued an award concerning the remedy to be applied. In order to enforce U.S. rights under the SLA, the United States Trade Representative (``Trade Representative'') has initiated an investigation under Section 302 of the Trade Act of 1974, as amended (``Trade Act''). In that investigation, the USTR has (i) Determined that Canada is denying U.S. rights under the SLA; (ii) found that expeditious action is required to enforce U.S. rights under the SLA; and (iii) determined that appropriate action under Section 301 of the Trade Act is to impose 10 percent ad valorem duties on imports of softwood lumber products from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan, as set out in the annex to this notice. The duties will remain in place until such time as the United States has collected $54.8 million, which is the amount determined by the arbitral tribunal. Interested persons are invited to submit comments on the determinations in this investigation, and to participate in a public hearing in the event a hearing is requested.
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