[Federal Register: October 26, 1999 (Volume 64, Number 206)] [Notices] [Page 57689-57690] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26oc99-121] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/D-165] WTO Dispute Settlement Proceeding Regarding Import Measures on Certain Products From the European Communities 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 of the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO''), by the European Communities, to examine the U.S. announcement of 3 March 1999 that liquidation would be withheld on imports from the EC of a list of products together valued at $520 million. In this dispute, the European Communities alleges that this action was inconsistent with obligations of the United States under the Dispute Settlement Understanding and the General Agreement on Tariffs and Trade 1994. The 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 by November 15, 1999, to be assured of timely consideration by the USTR in preparing its first written submission to the panel. ADDRESSES: Comments may be submitted to Sandy McKinzy, Litigation Assistant, Office of Monitoring and Enforcement, Room 122, Attn: Dispute on Import Measures on Certain Products from the European Communities, Office of the United States Trade Representative, 600 17th Street, NW, Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Bruce R. Hirsh, Associate General Counsel, at (202) 395-3582, or William L. Busis, Associate General Counsel, at 395-3150 SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay Round Agreements Act (URAA) 19 U.S.C. 3537(b)(1)), the USTR is providing [[Page 57690]] notice that on May 12, 1999, the European Communities submitted a request for the establishment of a WTO dispute settlement panel to examine actions allegedly taken on March 3, 1999 to withhold liquidation on imports from the EC of a list of products valued at $520 million. The WTO Dispute Settlement Body (``DSB'') established a panel for this purpose on June 16, 1999. Panelists were selected on October 8, 1999. Major Issues Raised and Legal Basis of the Complaint The European Communities' panel request describes the purported U.S. measure it is challenging as ``the U.S. decision, effective as of March 3, 1999, to withhold liquidation on imports from the EC of a list of products, together valued at $520 million on an annual basis, and to impose a contingent liability for 100% duties on each individual importation of affected products as of this date. . . . This measure includes administrative provisions that foresee, among other things, the posting of a bond to cover the full potential liability.'' According to the European Communities, by requiring the deposit of a bond, U.S. Customs ``effectively already imposed 100% duties on each individual importation as of 3 March 1999, the return of which was uncertain, depending on future U.S. decisions.'' The EC assets that the U.S. thereby violated Articles 3, 21, 22 and 23 of the Dispute Settlement Understanding and Articles I, II, VIII and IX of GATT 1994. The EC also asserts that the purported U.S. measure ``impedes important objectives of GATT 1994 and of the WTO.'' Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning the issues raised in this dispute. Comments must be in English and provided in fifteen copies to Sandy McKinzy at the address provided above. 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 submitting person. 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 the USTR to be confidential in accordance with section135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitting person believes that information or advice may qualify as such, the submitting person-- (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)), the USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room: Room 101, Office of the United States Trade Representative, 600 17th Street, NW, Washington, DC 20508. The public file will include a listing of any comments received by the USTR from the public with respect to the proceeding; the U.S. submissions to the panel in proceeding, the submissions, or non-confidential summaries of submissions, to the panel received from other parties 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/D- 165, Import Measures on Certain Products from the European Communities) 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. A. Jane Bradley, Assistant U.S. Trade Representative for Monitoring and Enforcement. [FR Doc. 99-27842 Filed 10-25-99; 8:45 am] BILLING CODE 3190-01-M