[Federal Register: July 31, 2002 (Volume 67, Number 147)]
[Notices]
[Page 49733-49734]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy02-108]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-243]
WTO Dispute Settlement Proceeding Regarding United States--Rules
of Origin for Textiles and Apparel Products
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that on June 24, 2002, a dispute
settlement panel was established at the request of the Government of
India under the Marrakesh Agreement Establishing the World Trade
Organization (``WTO'') to examine Section 334 of the Uruguay Round
Agreements Act (``URAA''), its implementing legislation, and Section
405 of the Trade and Development Act of 2000. India alleges that these
U.S. statutes are inconsistent with the obligations of the United
States under the Agreement on Rules of Origin (``ARO''). USTR invites
written comment from the public concerning the issues raised in this
dispute. Bangladesh, China, the European Communities (``EC''), Pakistan
and the Philippines have notified the WTO of their intention to
participate as third parties.
DATES: Although the USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted on or before August 26, 2002, to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0015@usstr.gov, Attn: ``US-India Textile ROO Dispute'' in the subject
line, or (ii) by mail, to Sandy McKinzy, Monitoring and Enforcement
Unit, Office of the General Counsel, Room 122, Office of the United
States Trade Representative, 600 17th Street, NW., Washington, DC
20508, Attn: India Textile ROO Dispute, with a confirmation copy sent
electronically or by fax to 202-395-3640.
FOR FURTHER INFORMATION CONTACT: Melida N. Hodgson, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC (202) 395-3582.
SUPPLEMENTARY INFORMATION: Pursuant to Section 127(b) of the Uruguay
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing
notice that on June 24, 2002, a WTO dispute settlement panel was
established at the
[[Page 49734]]
request of India. The Panel, which would hold its meetings in Geneva,
Switzerland, is expected to issue a report on its findings and
recommendations within six to nine months after its establishment.
Major Issues Raised and Legal Basis of the Complaint
India alleges that Section 334 (1996), and its modification Section
405 (2000), are inconsistent with certain obligations of the United
States under the ARO. Section 334 established certain rules of origin
applicable to textile and apparel products to harmonize U.S. practice
with that of our trading partners. Section 405 amended Section 334 to
resolve certain claims raised by the EC in dispute settlement
proceedings challenging our textile rules of origin implementing the
URAA.
Specifically, India alleges that Section 334 and Section 405
wrongly differentiated between textile and apparel products and
industrial products in order to protect the US industry. India further
alleges that Sections 334 and 405 are inconsistent with Article 2(b)-
(e) of ARO, because, inter alia: their rules are complex and disrupt
and restrict trade; they impose prerequisite conditions not related to
manufacturing or processing; discriminate between domestic and WTO
Member goods, as well between Member goods; and are not administered in
a consistent, impartial manner.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in the dispute. Persons submitting
comments may either send one copy by U.S. mail, first class, postage
prepaid, to Sandy McKinzy at the address listed above or transmit a
copy electronically to FR0015@ustr.gov, with ``India Textile ROO
Dispute'' in the subject line. For documents sent by U.S. mail, USTR
requests that the submitter provide a confirmation copy, either
electronically or by fax to 202-395-3640. USTR encourages the
submission of documents in Adobe PDF format, as attachments to an
electronic mail. Interested persons who make submissions by electronic
mail should not provide separate cover letters; information that might
appear in a cover letter should be included in the submission itself.
Similarly, to the extent possible, any attachments to the submission
should be included in the same file as the submission itself, and not
as separate files. A person requesting that information contained in a
comment submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Confidential business information must be clearly marked ``BUSINESS
CONFIDENTIAL'' in a contrasting color ink at the top of each page of
each copy.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by USTR to be
confidential in accordance with section 135(g)(2) of the Trade Act of
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information
or advice may qualify as such, the submitter--
(1) Must so designate the information or advice;
(2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
in a contrasting color ink at the top of each page of each copy; and
(3) Is encouraged to provide a non-confidential summary of the
information or advice.
Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR
will maintain a file on this dispute settlement proceeding, accessible
to the public, in the USTR Reading Room: Room 3, First Floor, Office of
the United States Trade Representative, 1724 F Street, NW., Washington,
DC 20508. The public file will include a listing of any comments
received by USTR from the public with respect to the proceeding; the
U.S. submissions to the panel in the proceeding, the submissions, or
non-confidential summaries of submissions, to the panel received from
other participants in the dispute, as well as the report of the dispute
settlement panel, and, if applicable, the report of the Appellate Body.
An appointment to review the public file (Docket WTO/DS-243, US-India
Textile ROO Dispute) may be made by calling the Reading Room at (202)
395-6186. The USTR Reading Room is open to the public from 10 a.m. to
12 noon and 1 p.m. to 4 p.m., Monday through Friday.
Bruce R. Hirsh,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 02-19282 Filed 7-30-02; 8:45 am]
BILLING CODE 3190-01-M