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

This notice is to inform the public of the availability of full 2007 calendar year import statistics relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program. Public comments are invited and must be submitted by 5 p.m., Friday, March 21, 2008, to FR0441@USTR.EOP.GOV regarding the potential revocation of CNL waivers that meet the new statutory thresholds set forth by section 503(d)(4)(B)(ii) of the Trade Act of 1974 (19 U.S.C. 2463(d)(4)(B)(ii)), as amended by Public Law 109-432. Additionally, public comments are invited and must be submitted by 5 p.m., Friday, March 28, 2008, to FR0618@USTR.EOP.GOV regarding possible de minimis CNL waivers with respect to particular articles and possible redesignations under the GSP program of articles currently not eligible for GSP benefits because they previously exceeded the CNLs.

The Office of the United States Trade Representative (USTR) is issuing a proposed rule to update its Freedom of Information Act regulations. USTR's last made changes to its FOIA regulations in 1975. Since that time the information relating to USTR has changed and there have been several changes to the Freedom of Information Act, which needed to be reflected in the regulations.

The Office of the United States Trade Representative (``USTR'') is providing notice that on January 17, 2008, the United States submitted to the World Trade Organization (``WTO'') a request for authorization to suspend WTO concessions and other obligations with respect to the European Communities (``EC'') in an amount equal to the level of nullification and impairment resulting from EC non-compliance with the WTO recommendations and rulings. Under a sequencing agreement with the EC, that request will be referred to arbitration and the arbitration will be suspended while the United States and EC continue to try to resolve this dispute and related matters. To prepare for the possibility that the arbitration is resumed and the WTO Dispute Settlement Body (``DSB'') authorizes the United States to suspend WTO concessions with respect to the EC, USTR is inviting written comments on action that USTR should take to exercise such an authorization. In particular, USTR seeks written comments with respect to the specific products of the EC or EC member States, and/or with respect to the specific member States of the EC, that should be subject to a suspension of WTO concessions, such as through increases of rates of duty above current rates.

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. Section 182 of the Trade Act contains a special rule for the identification of actions by Canada affecting United States cultural industries. USTR requests written submissions from the public concerning foreign countries' acts, policies, and practices that are relevant to the decision whether particular trading partners should be identified under section 182 of the Trade Act.

On December 14, 2007, the Office of the United States Trade Representative (USTR) published notice of the Procurement Thresholds for Implementation of the Trade Agreements Act of 1979 (72 FR 71166). That Notice included three incorrect procurement threshold values due to inadvertent calculation errors. This notice provides the corrected thresholds. Now, therefore, I, Susan C. Schwab, United States Trade Representative, in conformity with the provisions of Executive Order 12260, and in order to carry out the trade agreement obligations of the United States under the World Trade Organization Agreement on Government Procurement (WTO/GPA), 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), and Chapter 13 of the United States-Singapore Free Trade Agreement (U.S.-Singapore FTA), do hereby determine, effective on January 1, 2008, for the calendar years 2008-2009, the following thresholds shall apply and replace those set out in the Determination published on December 14, 2007 (72 FR 71166): $7,443,000for the procurement of construction services by all entities listed in the WTO/GPA, U.S.-Australia FTA, U.S.-Chile FTA, DR- CAFTA, U.S.-Morocco FTA, and the U.S.-Singapore FTA. $528,000for the procurement of goods and services by sub-central entities listed in the WTO/GPA, U.S.-Australia FTA, U.S.-Chile FTA, DR- CAFTA, U.S.-Morocco FTA, and the U.S.-Singapore FTA. $595,000for the procurement of goods and services by entities listed in U.S. Annex 3 of the WTO/GPA; List B in Annex 15-A of the U.S.-Australia FTA; List B in Annex 9-A, Section 3 of the U.S.-Bahrain FTA; List B in Annex 9.1, Section C of the U.S.-Chile FTA; List B in Annex 9.1, Section C of the DR-CAFTA; List B in Annex 9.1, Section C of the U.S.-Morocco FTA; and Annex 13A, Section C of the U.S.-Singapore FTA.

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), 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. Now, therefore, I, Susan C. Schwab, United States Trade Representative, in conformity with the provisions of Executive Order 12260, and in order to carry out U.S. trade agreement obligations under the WTO Agreement on Government Procurement, Chapter 15 of the U.S.- Australia FTA, Chapter 9 of the U.S.-Bahrain FTA, Chapter 9 of the U.S.-Chile FTA, Chapter 9 of DR-CAFTA, Chapter 9 of the U.S.-Morocco FTA, Chapter 10 of NAFTA, and Chapter 13 of the U.S.-Singapore FTA, do hereby determine, effective on January 1, 2008: For the calendar years 2008-2009, the thresholds are as follows:

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, 2008, through March 31, 2009.

The Office of the United States Trade Representative (``USTR'') is providing notice that pursuant to a request of the European Communities, the Dispute Settlement Body of the World Trade Organization (``WTO'') has established a compliance panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning the dispute United StatesLaws, Regulations and Methodology for Calculating Dumping Margins (``zeroing'')Recourse to Article 21.5 of the DSU by the European Communities. That request may be found at https://www.wto.org contained in a document designated as WT/DS294/25. 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 members of the public have an opportunity to view the non-confidential session of the substantive meetings of the Panel in the World Trade Organization (``WTO'') dispute United StatesContinued Existence and Application of Zeroing Methodology (WT/DS350). Further information about the dispute is available on the USTR Web site (including copies of the submissions filed by the United States at https://www.ustr.gov/TradeAgreements/ MonitoringEnforcement/DisputeSettlement/WTO/DisputeSettlement IndexPending.html) and on the WTO Web site at https://www.wto.org/ english/tratope/dispue/casese/ds350e.htm. The first meeting is scheduled to begin on November 27, 2007 and the second meeting is scheduled to begin on February 26, 2008. At each session, parties will make their opening statement and may pose questions or make comments on the other party's statement. The Panel may pose any questions or make any comments during the session. The questions and comments will not include, or refer to, business confidential information (``BCI''). To the extent that the Panel or either of the parties considers it necessary, after the public session, the Panel will proceed to a confidential session during which the parties will be allowed to make additional statements or comments and pose questions that involve BCI. Each non-confidential session will be shown via a real-time closed- circuit television broadcast to a separate viewing room. The public viewing will be held at the World Trade Organization, Centre William Rappard, Rue de Lausanne 154, CH-1211 Geneva 21, Switzerland. USTR invites any person interested in viewing the non-confidential session to so inform USTR by e-mail at rsvp-DS350@ustr.eop.gov. USTR urges that the request be made as soon as possible and in any event no later than November 16, 2007 for the first meeting and February 13, 2008 for the second meeting. Requests will be forwarded to the WTO. Each request should indicate the person's full name, contact information (full address, phone, and e-mail), organization (if any), and nationality, and whether the person has made any other request to view the session (such as a request directly to the WTO or to the other party to the dispute, the European Communities).

This notice is to inform the public of the availability of eight-month 2007 import statistics relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program. The eight-month 2007 import statistics identify those articles for which the full-year 2007 trade levels may exceed statutory CNLs. The eight-month 2007 trade data is available at: [GSP: January-August 2007 Trade Data Relating to CNLs]: https://www.ustr.gov/Trade Development/PreferencePrograms/GSP/GSP2007AnnualReview/ SectionIndex.html. As previously announced in the Federal Register (72 FR 28527 (May 21, 2007)), the deadline for submission of petitions to waive the CNLs for individual beneficiary developing countries with respect to GSP- eligible articles is 5 p.m., November 16, 2007. Petitions must conform to the requirements as set forth in the May 21, 2007, Federal Register notice. Public comments regarding possible de minimis waivers and possible GSP redesignations will be requested in a subsequent Federal Register notice.

The Office of the United States Trade Representative (USTR) is providing notice that in accordance with the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''), at the request of the United States the WTO Dispute Settlement Body has established a dispute settlement panel to review the U.S. claims concerning certain measures pertaining to the protection and enforcement of intellectual property rights in China. The panel request may be found at https://www.wto.org contained in a document designated as WT/DS362/7. USTR invites written comments from the public concerning the issues raised in this dispute.

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 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 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.

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.

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.

The Office of the United States Trade Representative (USTR) is providing notice that on July 12, 2007, in accordance with the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement), the United States requested the establishment of a dispute settlement panel regarding certain Chinese measures granting refunds, reductions or exemptions to enterprises from taxes otherwise due the government. That request may be found at www.wto.org contained in a document designated as WT/DS358/13. USTR invites written comments from the public concerning the issues raised in this dispute.

Pursuant to section 303 of the Trade and Tariff Act of 1984, as amended, 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 parties to assist it in identifying significant barriers to U.S. exports of goods, services and overseas direct investment for inclusion in the NTE. Particularly important are impediments materially affecting the actual and potential financial performance of an industry sector. The TPSC invites written comments that provide views relevant to the issues to be examined in preparing the NTE.

The United States Trade Representative (USTR) has determined not to initiate an investigation under section 302 of the Trade Act of 1974 with respect to a petition addressed to China's currency valuation policies because initiation of an investigation would not be effective in addressing the issues raised in the petition.

In Proclamation 8111 of February 28, 2007, the President modified the rules of origin for certain goods of Mexico under the North American Free Trade Agreement (the ``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 to be announced in the Federal Register by the United States Trade Representative (the ``USTR'') and would apply to goods of Mexico that are entered, or withdrawn from warehouse for consumption, on or after the date indicated in the proclamation. The purpose of this notice is to announce that the effective date for the modifications is July 30, 2007. The changes were printed in the Federal Register of March 6, 2007 (72 FR 10028).

The Office of the United States Trade Representative (``USTR'') is providing notice that members of the public have an opportunity to view the non-confidential session of the second substantive meeting of the World Trade Organization (``WTO'') in the dispute European Communities and Certain Member StatesMeasures Affecting Trade in Large Civil Aircraft (WT/DS316). At the session, parties will make their opening statements and may pose questions or make comments on the other party's statement. The United States does not expect the Panel to pose any questions or make any comments during the session. The session will be videotaped. At an appropriate time after the session is over, the Panel will confirm that no business confidential information was referenced during the session. Public viewing of the videotape will occur after the conclusion of the second substantive meeting, which will take place July 24-26, 2007. In the case of the first panel meeting, the viewing was held the day after the panel meeting concluded, so the viewing could be as early as July 27. Once the WTO announces the time and date of the public viewing, USTR will post that information on its Web site at www.ustr.gov. The public viewing will be held at the World Trade Organization, Centre William Rappard, Rue de Lausanne 154, CH1211 Geneva 21, Switzerland. USTR invites any person interested in viewing the non-confidential session to so inform USTR by e-mail at rsvp-DS316@ustr.eop.gov. USTR urges that the request be made as soon as possible and in any event no later than July 20. Requests will be forwarded to the WTO. Each request should indicate the person's full name, contact information (full address, phone, and e-mail), organization (if any), and nationality, and whether the person has made any other request to view the session (such as a request directly to the WTO or to the other party to the dispute, the European Communities).

The Trade Policy Staff Committee (TPSC) gives notice that the Office of the United States Trade Representative (USTR) requests written submissions from the public concerning the negotiations for compensatory adjustments to U.S. Schedule of Services Commitments under WTO General Agreement on Trade in Services (GATS) in response to notice of the United States of intent to modify its schedule under Article XXI of the GATS. On May 4, 2007, the United States filed with the WTO a notification to the Council for Trade in Services (CTS) pursuant to Article XXI:1(b) of the GATS stating the intention of the United States to modify its commitment for ``other recreational services'' to explicitly exclude gambling and betting services. In accordance with the procedural schedule set out in the WTO ``Procedures for the Implementation of Article XXI of the GATS: Modification of Schedules'' (WTO Document S/L/ 80) (``Article XXI Procedures''), on June 22 the United States received notice from eight WTO Members that they consider that their benefits under the GATS may be affected by the proposed modification. Consequently, consistent with Article XXI:2(a) of the GATS, the United States has entered into negotiations with these WTO Members with a view to reaching agreement on any necessary compensatory adjustment. The aim of such negotiations and agreement shall be to maintain a general level of mutually advantageous commitments not less favorable to trade than that provided for in the U.S. schedules of specific commitments prior to such negotiations.

This notice announces the disposition of the product petitions accepted for review in the 2006 GSP Annual Product Review, the results of the 2006 Country Practices Review, the results of the 2006 De Minimis Waiver and Redesignation Reviews, the 2006 Competitive Need Limitation (CNL) Removals, and certain CNL Waiver Revocations. The disposition of the petitions and other results are available at: http:/ /www.ustr.gov/TradeDevelopment/PreferencePrograms/GSP/Section Index.html and as published in Presidential Proclamation 8157 in the June 29, 2007, Federal Register.

The Office of the United States Trade Representative (USTR) is providing notice that on March 15, 2007, Mexico requested consultations, under Article 2006 of the North American Free Trade Agreement (``NAFTA''), regarding certain U.S. measures, proposed measures, and actions alleged to be affecting the markets for sugar, syrup goods and high fructose corn syrup or alleged to be inconsistent with NAFTA dispute settlement obligations. USTR invites written comments from the public concerning the issues raised in this dispute.

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 include any countries on the list of countries that deny fair market opportunities for U.S. products, suppliers, or bidders in foreign government-funded airport construction projects.