[Federal Register: April 1, 2002 (Volume 67, Number 62)]
[Notices]
[Page 15448-15449]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap02-85]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-245]
WTO Consultations Regarding Japanese Measures Affecting the
Importation of Apples
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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[[Page 15449]]
SUMMARY: The Office of the United States Trade Representative (USTR) is
providing notice that on March 1, 2002, the United States requested
consultations with Japan under the Marrakesh Agreement Establishing the
World Trade Organization (WTO), regarding measures imposed by Japan on
the importation of U.S. apples to protect against the introduction of
fire blight. USTR invites written comments from the public concerning
the issues raised in this dispute.
DATES: Although the USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted on or before April 30, 2002, to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically to
japanapples@ustr.gov or (ii) by mail to Sandy McKinzy, Attn: Japan--
Measures Affecting the Importation of Apples, Office of the United
States Trade Representative, 600 17th Street, NW., Washington, DC
20508, with a confirmation copy sent electronically or by fax to (202)
395-3640.
FOR FURTHER INFORMATION CONTACT: Juan A. Millan, Assistant General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC, (202) 395-3581.
SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round
Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and
opportunity for comment be provided after the United States submits or
receives a request for the establishment of a WTO dispute settlement
panel. Consistent with this obligation, but in an effort to provide
additional opportunity for comment, USTR is providing notice that
consultations have been requested pursuant to the WTO Dispute
Settlement Understanding (DSU). If such consultations should fail to
resolve the matter and a dispute settlement panel is established
pursuant to the DSU, such panel, which would hold its meetings in
Geneva, Switzerland, would be expected to issue a report on its
findings and recommendations within six to nine months after it is
established.
Major Issues Raised by the United States
The United States has requested WTO consultations with Japan
regarding its quarantine restrictions on U.S. apples imported into
Japan to protect against the introduction of fire blight (Erwinia
amylovora). These restrictions include, inter alia, the prohibition of
imported apples from orchards in which any fire blight is detected, the
requirement that export orchards be inspected three times yearly for
the presence of fire blight, the disqualification of any orchard from
exporting to Japan should fire blight be detected within a 500 meter
buffer zone surrounding such orchard, and a post-harvest treatment of
exported apples with chlorine. None of these restrictions is supported
by scientific evidence.
The United States contends that Japan's measures are inconsistent
with the obligations of Japan under Article XI of the General Agreement
on Tariffs and Trade 1994, Articles 2.2, 2.3, 5.1, 5.2, 5.3, 5.6, 6.1,
6.2, and 7 and Annex B of the Agreement on the Application of Sanitary
and Phytosanitary Measures, and Article 14 of the Agreement on
Agriculture. Japan's measures also appear to nullify or impair the
benefits accruing to the United States directly or indirectly under the
cited agreements.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in the dispute. Comments must be in
English. Commenters should send either one copy by U.S. mail, first
class, postage prepaid, to Sandy McKinzy at the address listed above,
or transmit a copy electronically to japanapples@ustr.gov. 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.
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 commenter.
Confidential business information must be clearly marked ``BUSINESS
CONFIDENTIAL'' in a contrasting color ink at the top of each page of
each copy. For any document containing business confidential
information submitted by electronic transmission, the file name of the
business confidential version should begin with the characters ``BC'',
and the file name of the public version should begin with the
characters ``P''. The ``P'' or ``BC'' should be followed by the name of
the commenter. Interested persons who make submission 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.
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: 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 dispute; if a dispute settlement
panel is convened, the U.S. submissions to that panel, 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
panel; and, if applicable, the report of the Appellate Body. An
appointment to review the public file (Docket WTO/DS-245, Japan--
Measures Affecting the Importation of Apples) may be made by calling
Brenda Webb, (202) 395-6186. The USTR Reading Room is open to the
public from 9:30 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through
Friday.
Christine Bliss,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 02-7736 Filed 3-29-02; 8:45 am]
BILLING CODE 3190-01-M