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

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. On April 30, 2005, USTR announced the results of the 2005 Special 301 review and stated that Out-of-Cycle Reviews (OCRs) would be conducted for Ukraine and Saudi Arabia. USTR will conduct these OCRs in the fall of 2005. USTR requests written comments from the public concerning the acts, policies, and practices relevant for this review under Section 182 of the Trade Act.

This notice sets forth the timetable for the hearing and public comments on petitions requesting modifications in the status of certain GSP beneficiary countries.

The Office of the United States Trade Representative (USTR) is providing notice of the country-by-country allocations of the in-quota quantity of the tariff-rate quotas for imported raw cane sugar, refined sugar, and sugar-containing products for the period that begins October 1, 2005 and ends September 30, 2006.

The Office of the United States Trade Representative (USTR) received petitions in connection with the 2005 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. The list of country practice petitions accepted for review will be announced in the Federal Register at a later date. This notice announces the product petitions that are accepted for further review in the 2005 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 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 January 2005, the Office of the United States Trade Representative (USTR) published a notice specifying the results of the preliminary review of petitions it received in September 2004 in connection with the annual ATPA review and modifying the schedule for consideration of the remaining petitions. The January 2005 notice also specified the status of the petitions filed in 2003 that have remained under review. The Trade Policy Staff Committee has decided to continue the review of pending petitions.

In Proclamation 7870 of February 9, 2005, the President modified the rules of origin under the North American Free Trade Agreement (the ``NAFTA'') incorporated in the Harmonized Tariff Schedule of the United States (the ``HTS''). The modifications were made effective with respect to goods of Canada that are entered, or withdrawn from warehouse for consumption, on or after January 1, 2005. The proclamation stated that the modifications with respect to goods of Mexico would be effective on or after a date to be announced in the Federal Register by the USTR. The purpose of this notice is to announce that the effective date for the modifications for goods of Mexico is June 15, 2005. The changes were printed in the Federal Register of February 14, 2005, Volume 70, Number 29, pages 7611-7630.

The Office of the United States Trade Representative (USTR) is providing notice that on June 1, 2005, at the request of Canada, the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) established a dispute settlement panel under the Marrakesh Agreement Establishing the WTO. The panel is to examine whether the United States has implemented the recommendations and rulings of the DSB in a dispute involving a U.S. Department of Commerce (Commerce) determination that certain softwood lumber products from Canada are being sold in the United States at less than fair value (LTFV). On August 31, 2004, the DSB adopted the findings of the panel and the WTO Appellate Body in that dispute. Those findings rejected all of Canada's claims, except the claim that Commerce's methodology for aggregating dumping levels determined by comparing weighted average export price to weighted average normal value for groups of comparable transactions was inconsistent with Article 2.4.2 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (Antidumping Agreement). In response to the DSB's recommendations and rulings, Commerce revised its methodology. Instead of determining dumping levels on a weighted average-to-weighted average basis, Commerce determined dumping levels on a transaction-to-transaction basis. On April 27, 2005, Commerce issued a Notice of Determination Under Section 129 of the Uruguay Round Agreements Act: Antidumping Measures on Certain Softwood Lumber Products From Canada. That Notice, published in the Federal Register on May 2, 2005 (70 FR 22636), implements the new determination. Canada subsequently requested the establishment of a dispute settlement panel, alleging that the United States had failed to implement the DSB's recommendations and rulings. The panel was established on June 1, 2005. USTR invites written comments from the public concerning the issues raised in this dispute.

The United States Trade Representative (``the USTR'') is modifying the Harmonized Tariff Schedule of the United States (HTS) as set forth in the Annex to this notice, pursuant to authority granted to the President in section 604 of the Trade Act of 1974 (``Trade Act'') and delegated to the USTR in Presidential Proclamation No. 6969 of January 27, 1997 (62 FR 4415). These modifications will correct errors in the tariff rates that are being applied to a small number of products that are originating goods of Chile under the United States Chile Free Trade Agreement. The modifications will ensure that the intended tariff treatment is accorded to the products at issue.

The Office of the United States Trade Representative (``USTR'') is providing notice of the request by the European Communities (``EC'') for the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') to examine certain U.S. measures affecting trade in large civil aircraft (``LCA''). The request for the establishment of a panel alleges that such measures are inconsistent with various provisions of the Agreement on Subsidies and Countervailing Measures (``SCM Agreement'') and the General Agreement on Tariffs and Trade 1994 (``GATT 1994''). 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 U.S.-UAE 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.

This notice announces that the Office of the United States Trade Representative (USTR) will receive petitions in 2005 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 further determines that the deadline for submissions of petitions for the 2005 Annual GSP Product and Country Eligibility Practices Review is 5 PM, June 15, 2005. The list of product petitions and country practice petitions accepted for review will be announced in the Federal Register at a later date.

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 U.S.-Oman 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.

The Office of the United States Trade Representative (``USTR'') is providing notice that the Dispute Settlement Body (``DSB'') of the World Trade Organization (``WTO'') has established at the request of the European Communities (``EC'') 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/DS108/29. USTR invites written comments from the public concerning the issues raised in this dispute.

This notice is to inform the public of full year 2004 import statistics relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program. Public comments are invited by 5 p.m., April 22, 2005, regarding possible de minimis CNL waivers with respect to particular articles, and possible redesignations under the FSP program of articles currently not eligible for GSP benefits because they previously exceeded the CNLs.

The Office of the United States Trade Representative (USTR) received petitions in 2004 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. The list of country practice petitions accepted for review will be announced in the Federal Register at a later date. This notice announces the product petitions that are accepted for further review in the 2004 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 Office of the United States Trade Representative (``USTR'') is providing notice that on January 13, 2005, the United States received from the European Communities (``EC'') a request for the establishment of a panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') regarding the U.S. suspension of obligations to the EC in the WTO dispute European CommunitiesMeasures Concerning Meat and Meat Products (Hormones). The EC asserts that it has put into force new legislation that brings it into conformity with the recommendations and rulings of the Dispute Settlement Body (``DSB'') and its obligations under the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (``SPS Agreement''). The EC therefore challenges the continued U.S. suspension of obligations and imposition of import duties in excess of bound rates on imports from the EC, the alleged U.S. ``unilateral determination'' that the new EC legislation is in violation of the EC's WTO obligations, and the alleged U.S. failure to have recourse to WTO dispute settlement proceedings. In particular, the EC asserts that by failing to discontinue suspension of obligations to the EC, the United States has breached its obligations under Articles I and II of the General Agreement on Tariffs and Trade 1994 (``GATT 1994'') and Articles 3.7, 21.5, 22.8 and 23.2(a) and (c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (``DSU''). 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 January 14, 2005, at the request of Canada, the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) established a dispute settlement panel under the Marrakesh Agreement Establishing the WTO. The panel is to examine whether the United States has implemented the recommendations and rulings of the DSB in a dispute involving a U.S. Department of Commerce (Commerce) countervailing duty investigation of certain softwood lumber products from Canada. On February 17, 2004, the DSB adopted its findings in that dispute, which rejected most of Canada's claims but found that, consistent with the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement) and the General Agreement on Tariffs and Trade 1994 (GATT 1994), Commerce should have conducted an analysis of whether subsidies ``pass through'' from certain producers to others with respect to certain log sales. In response to the DSB's recommendations and rulings, Commerce conducted a pass-through analysis and issued a new determination revising the subsidy rate for the investigation from 18.79% to 18.62%. Canada subsequently requested the establishment of a dispute settlement panel, alleging that the United States had failed to implement the DSB's recommendations and rulings. The panel was established on January 14, 2005. USTR invites written comments from the public concerning the issues raised in this dispute.

In response to the European Union's changes to its rice import regime, the United States has notified the World Trade Organization of its intent to withdraw concessions by March 1, 2005, with respect to the goods in the attached list. Background: In Federal Register notices 04-20543, dated September 10, 2004, 04-21762 and dated September 28, 2004, the Office of the U.S. Trade Representative sought comments concerning a list of goods for which tariff concessions may be withdrawn and duties may be increased in the event the United States cannot reach agreement with the European Union (EU) for adequate compensation owed under World Trade Organization (WTO) rules as a result of EU changes to its rice import regime. While the United States Government has actively sought a negotiated resolution of this issue, which would have alleviated the need to withdraw concessions, an agreement has not been reached. Therefore, in accordance with WTO rules, the United States has notified the WTO that it will withdraw substantially equivalent tariff concessions if an agreement is not reached before March 1. This notice provides the list of goods notified to the WTO on Friday, January 28, 2005. Whenever a foreign country withdraws, suspends, or modifies the application of trade agreement obligations of benefit to the United States without granting adequate compensation, the President is authorized under section 125(c) of the Trade Act of 1974 (19 U.S.C. 2135) to proclaim such increased duties or other import restrictions as are appropriate to effect adequate compensation. In the event that the United States withdraws substantially equivalent tariff concessions on March 1, increases in the duties applied to the goods included in the list notified to the WTO would be effected pursuant to this authority.

This notice extends by two weeks the deadline for the submission of comments in the Out-of-Cycle Review (OCR) of the People's Republic of China (China) under section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242), commonly referred to as the ``Special 301'' provision of the Trade Act.

The Office of the United States Trade Representative (USTR) received petitions in September 2004 to review certain practices in certain beneficiary developing countries to determine whether such countries are in compliance with the ATPA eligibility criteria. In a November 15, 2004 notice, USTR published a list of responsive petitions that were accepted for review. This notice specifies the results of the preliminary review of those petitions as well as the status of the petitions filed in 2003 that have remained under review.

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. 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 to identify particular trading partners under Section 182 of the Trade Act.

The Office of the United States Trade Representative (``USTR'') is providing notice that the European Communities has requested dispute settlement consultations 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/DS108/27. USTR invites written comments from the public concerning the issues raised in this dispute.