[Federal Register: November 2, 1999 (Volume 64, Number 211)] [Notices] [Page 59224-59225] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr02no99-89] ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS-178] WTO Dispute Settlement Proceeding Regarding United States-- Safeguard Measure on Imports of Lamb Meat From Australia 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 Australia's request for the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO''). Australia challenges the United States' action in imposing temporary quantitative limitations on imports of lamb meat in an effort to prevent serious injury to the domestic industry and to facilitate its adjustment to import competition. In this dispute Australia alleges that the United States' safeguard measure is inconsistent with certain obligations under the WTO Agreement on Safeguards, 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. DATES: Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted by January 10, 1999, to be assured of timely consideration by 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: Lamb Meat, Office of the United States Trade [[Page 59225]] Representative, 600 17th Street, NW, Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Marjorie Florestal, Assistant General Counsel at (202) 395-3581 or Teresa Howes, Director for Asian Agricultural Affairs at (202) 395-9559. 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 October 14, 1999, Australia submitted a request for the establishment of a WTO dispute settlement panel to examine the U.S. safeguard measure on imports of lamb meat. The WTO Dispute Settlement Body (``DSB'') is expected to establish a panel for this purpose in November, 1999. Major Issues Raised and Legal Basis of the Complaint Australia challenges the safeguard measure on imports of lamb meat established in Proclamation 7208 of July 7, 1999 (64 FR 37387) (July 9, 1999), and described in the President's Memorandum of July 7, 1999, entitled ``Action Under Section 203 of the Trade Act of 1974 Concerning Lamb Meat'' (64 FR 37393) (July 12, 1999). In its request for a panel to examine the measure, Australia alleges that the U.S. safeguard action on lamb meat is inconsistent with Articles 2, 3, 4, 5, 6, 11, and 12 of the Agreement on Safeguards, and Articles I, II, and XIX of the GATT 1994. At Australia's request, on August 26, 1999, the United States and Australia participated in dispute settlement consultations held in Geneva; these consultations did not lead to a satisfactory resolution of the matter. 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 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 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)), 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 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 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/DS-178, ``Lamb Meat--Australia'') 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. 99-28647 Filed 11-1-99; 8:45 am] BILLING CODE 3190-01-P