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

On March 22, 2007, USTR published FR Doc E7-5268 (Vol. 72, No. 55) announcing that the Trade Policy Staff Committee (TPSC) was seeking public comment on a list of goods for which U.S. tariff concessions may be withdrawn and applied duties may be raised and announcing that the TPSC will hold a public hearing on Tuesday, April 24, 2007, on the list. All respondents to this notice have chosen to submit their comments in writing only and there were no requests to testify. Therefore, the April 24 public hearing will be cancelled. The United States is continuing to negotiate with the EU regarding the EU's provision of adequate and permanent compensation to the United States for an event that increased duties on U.S. imports to EU markets above WTO bound rates of duty. On January 1, 2007, as part of its enlargement process, the EU raised tariffs above bound rates on some imports into the countries of Romania and Bulgaria. If this issue is not resolved, the United States may seek to exercise its rights under Article XXVIII of the General Agreement on Tariffs and Trade 1994 (``GATT 1994'') to withdraw substantially equivalent concessions and raise tariffs on select goods primarily supplied by the EU.

The Office of the United States Trade Representative (USTR) is providing notice that on April 10, 2007, in accordance with the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement), the United States requested consultations with respect to (1) Certain measures that restrict trading rights with respect to imported films for theatrical release, audiovisual home entertainment products (e.g., video cassettes and DVDs), sound recordings, and publications (e.g., books, magazines, newspapers, and electronic publications), and (2) certain measures that restrict market access for, or discriminate against, foreign suppliers of distribution services for publications and foreign suppliers of audiovisual services (including distribution services) for audiovisual home entertainment products. That request may be found at https://www.wto.org contained in a document designated as WT/DS363/1. USTR invites written comments from the public concerning the issues raised in this dispute.

The United States is continuing to negotiate with the EU regarding the EU's provision of adequate and permanent compensation to the United States for an event that increased duties on U.S. imports to EU markets above WTO bound rates of duty. On January 1, 2007, as part of its enlargement process, the EU raised tariffs above bound rates on some imports into the countries of Romania and Bulgaria. If this issue is not resolved, the United States may seek to exercise its rights under Article XXVIII of the General Agreement on Tariffs and Trade 1994 (``GATT 1994'') to withdraw substantially equivalent concessions and raise tariffs on select goods primarily supplied by the EU. The Trade Policy Staff Committee (TPSC) seeks public comment on the attached list of goods for which U.S. tariff concessions may be withdrawn and applied duties may be raised. The TPSC will hold a public hearing on Tuesday, April 24, 2007, on the list.

This notice is to inform the public of the availability of full 2006 calendar year import statistics relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program. Public comments are invited by 5 p.m., Friday, March 16, 2007, 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. Additionally, public comments are invited by 5 p.m., Friday, March 23, 2007, 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.

In compliance with section 203(f) of the ATPA, as amended, 19 U.S.C. 3202(f)(2), the Office of the United States Trade Representative (USTR) is requesting the views of interested parties on whether the designated beneficiary countries are meeting the eligibility criteria under the ATPA., (See 19 U.S.C. 3203(b)(6)(B).) This information will be used in the preparation of a report to the Congress on the operation of the program.

The Haitian Hemispheric Opportunity Through Partnership Encouragement Act Implementation Subcommittee of the Trade Policy Staff Committee (the ``Subcommittee'') is requesting that the public provide written comments on whether Haiti meets the eligibility requirements set out in 5002(d) of the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE). The Subcommittee will consider these comments in developing a recommendation to the President on Haiti's eligibility under HOPE. The President is required to make this determination no later than March 20, 2007.

As a result of becoming EU Member States on January 1, 2007, Bulgaria and Romania are no longer designated as beneficiary developing countries under the U.S. GSP program, effective as of that date.

The Office of the United States Trade Representative (USTR) received petitions in connection with the 2006 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 and country practice petitions that are accepted for further review in the 2006 GSP Annual Review, and sets forth the schedule for comment and public hearing on these petitions, for requesting participation in the hearing, and for submitting pre- hearing and post-hearing briefs. The list of accepted petitions is available at: https://www.ustr.gov/TradeDevelopment/Preference Programs/GSP/SectionIndex.html. This notice also announces closure of the review for case 003-CP-06 (formerly case 011-CP-05), Protection of Worker Rights in Uganda.

The Office of the United States Trade Representative (USTR) is providing notice that on October 26, 2006, the Dispute Settlement Body established, at the request of Mexico, a panel under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) concerning certain U.S. antidumping orders against stainless steel sheet and strip coils (Department of Commerce Case No. A-201-822). That request may be found at https://www.wto.org contained in a document designated as WT/SD344/4. USTR invites written comments from the public concerning the issues raised in this dispute.

The Office of the U.S. Trade Representative (USTR), on behalf of the Trade Policy Staff Committee (TPSC), seeks comment on the interim environmental review of the proposed United States-Korea Free Trade Agreement (FTA). The interim environmental review is available at https://www.ustr.gov/TradeSectors/Environment/EnvironmentalRev iews/ SectionIndex.html. Copies of the review will also be sent to interested members of the public by mail upon request.

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'') Agreement; the North American Free Trade Agreement (``NAFTA''); U.S. free trade agreements (``FTAs'') with Australia, Bahrain, Chile, Morocco, and Singapore; the Dominican Republic-Central America-United States Free Trade Agreement (``CAFTA-DR''); and any other FTA or telecommunications trade agreement coming into force on or before January 1, 2007. The USTR will conclude the review by March 31, 2007.

The Office of the United States Trade Representative (``USTR'') is providing notice that the European Communities (EC) has requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning various measures relating to zeroing and antidumping duty orders on certain products from the EC. The EC alleges that determinations made by U.S. authorities concerning these products, 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, 18.3 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 documents designated as WT/DS350/1 and WT/DS350/1/Add.1. USTR invites written comments from the public concerning the issues raised in this dispute. In connection with the issues raised in the request for consultations, 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.

The Office of the United States Trade Representative (USTR) is providing notice that on September 15, 2006, 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 China's treatment of imported motor vehicle parts, components, and accessories (``auto parts''). That request may be found at https://www.wto.org contained in a document designated as WT/DS340/8. 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 Brazil has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at https://www.wto.org contained in a document designated as WT/DS267/ 30. USTR invites written comments from the public concerning the issues raised in this dispute.

The following staff members have been appointed to serve on the Performance Review Board:

The Trade Policy Staff Committee gives notice that the Office of the United States Trade Representative (USTR) requests written submissions from the public concerning the implications for U.S. trade in goods and services of the anticipated enlargement of the European Union (EU) to include Bulgaria and Romania. USTR and other agencies are currently engaged in an assessment of the potential impact on U.S. goods and services trade of the anticipated enlargement of the EU and, in particular, any compensatory adjustments that may be due under WTO rules. Comments from the public in response to this notice will be incorporated into that assessment.

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'' provision of the Trade Act. In addition, USTR is required to determine which of those countries should be identified as Priority Foreign Countries. In its Special 301 Report issued on April 28, 2006, USTR announced the results of the 2006 Special 301 review and stated that Out-of-Cycle Reviews (OCRs) would be conducted for Indonesia, Canada, Chile, Latvia and Saudi Arabia. USTR requests written comments from the public concerning the acts, policies, and practices relevant for this review under Section 182 of the Trade Act.

The United States Trade Representative (USTR) is requesting public input as to the probable effect certain modifications to tariff treatment of imports under the United States-Singapore Free Trade Agreement on total U.S. trade, domestic producers, and workers in the affected industries. Specifically, USTR is evaluating proposals to accelerate the planned reduction in duties on nutritionals, peanuts, and polycarbonates of Singapore and to modify the rule of origin for photocopiers of Singapore. In addition, USTR is soliciting proposals regarding what sort of concessions Singapore, which does not impose duties on imports from the United States, could make to maintain the balance of concessions if these tariff acceleration requests are approved.

Legislation authorizing the Generalized System of Preferences (GSP) program expires on December 31, 2006. In connection with Congress' consideration of reauthorization of the program, the Trade Policy Staff Committee (TPSC) requested public comments on October 6, 2005, relating to whether the Administration's operation of the program should be changed so that benefits are not focused on trade from a few countries and that developing countries that traditionally have not been major traders under the program receive benefits. Based on information obtained thus far, the TPSC has decided to initiate a further review and request additional comments to determine whether major beneficiaries of the program have expanded exports or have progressed in their economic development within the meaning of the statute to the extent that their eligibility should be limited, suspended, or withdrawn, pursuant to section 502(d) of the Trade Act of 1974 (19 U.S.C. 2462(d)). For the purpose of identifying beneficiary countries that are subject to this review and on which we are seeking comments, the TPSC looked at a country's total volume of trade under the GSP program, the World Bank's classification of the country's level of income, and the country's share of world goods exports. The TPSC is also conducting a review of existing competitive need limitation (CNL) waivers and requesting comments on whether any waivers should be terminated, pursuant to section 503(d)(5) of the Act (19 U.S.C. 2463(d)(5)), because they are no longer warranted due to changed circumstances. All public comments must be received by September 5, 2006.

This notice identifies those petitions that the Office of the United States Trade Representative (USTR) received by the deadline of July 20, 2006, for consideration in the 2006 Annual Review. Because of technical difficulties in receiving petitions, USTR requests parties who submitted petitions prior to July 20, 2006, to review the list of petitioners included in the SUPPLEMENTARY INFORMATION and to notify the USTR of any petitions that were submitted to the GSP Subcommittee by 5 p.m., July 20, 2006, but not included in that list.

Pursuant to Section 205(b) of the Dominican RepublicCentral AmericaUnited States Free Trade Agreement Implementation Act (the Act), the United States Trade Representative (USTR) is providing notice of her determination that Guatemala is an eligible country for purposes of retroactive duty treatment as provided in Section 205 of the Act.