[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Notices]
[Page 4288-4290]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja08-113]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-291]
WTO Dispute Settlement Proceedings Regarding Measures of the
European Communities Affecting the Approval and Marketing of Biotech
Products
AGENCY: Office of the United States Trade Representative.
[[Page 4289]]
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that on January 17, 2008, the United
States submitted to the World Trade Organization (``WTO'') a request
for authorization to suspend WTO concessions and other obligations with
respect to the European Communities (``EC'') in an amount equal to the
level of nullification and impairment resulting from EC non-compliance
with the WTO recommendations and rulings. Under a sequencing agreement
with the EC, that request will be referred to arbitration and the
arbitration will be suspended while the United States and EC continue
to try to resolve this dispute and related matters. To prepare for the
possibility that the arbitration is resumed and the WTO Dispute
Settlement Body (``DSB'') authorizes the United States to suspend WTO
concessions with respect to the EC, USTR is inviting written comments
on action that USTR should take to exercise such an authorization. In
particular, USTR seeks written comments with respect to the specific
products of the EC or EC member States, and/or with respect to the
specific member States of the EC, that should be subject to a
suspension of WTO concessions, such as through increases of rates of
duty above current rates.
DATES: Comments are requested to be submitted on or before March 21,
2008.
ADDRESSES: Comments should be submitted either (i) electronically, to
FR0805@ustr.eop.gov, with ``EC-Biotech Dispute'' in the subject line,
or (ii) by fax, to Sandy McKinzy at 202-395-3640, with a confirmation
copy sent electronically to the e-mail address above.
FOR FURTHER INFORMATION CONTACT: Melissa Clarkson, Director,
Agricultural Affairs, (202) 395-6127, or William Busis, Associate
General Counsel and Chair, Section 301 Committee, (202) 395-3150.
SUPPLEMENTARY INFORMATION:
EC-Biotech Dispute
USTR has previously provided notice and requested public comment
regarding the establishment on August 29, 2003, of a WTO panel at the
request of the United States to examine EC measures affecting the
approval and marketing of biotech products. See 69 FR 11,927.
The WTO Panel issued its report on September 29, 2006. The Panel
agreed with the United States that the disputed measures of the EC,
Austria, France, Germany, Greece, Italy, and Luxembourg are
inconsistent with the obligations set out in the WTO Agreement on the
Application of Sanitary and Phytosanitary Measures (``SPS Agreement'').
In particular:
--The Panel found that the EC adopted a de facto, across-the-board
moratorium on the final approval of biotech products, starting in 1999
up through the time the panel was established in August 2003.
--The Panel found that the EC had presented no scientific or regulatory
justification for the moratorium, and thus that the moratorium resulted
in ``undue delays'' in violation of the EC's obligations under the SPS
Agreement.
--The Panel also identified specific, WTO-inconsistent ``undue delays''
with regard to 24 of the 27 pending product applications that were
listed in the U.S. panel request.
--The Panel found that the bans adopted by six EC member States on
biotech products approved in the EC prior to the moratorium were not
supported by scientific evidence and were thus inconsistent with
obligations under the SPS Agreement.
The DSB adopted the panel report on November 21, 2006. At the
meeting of the DSB held on December 19, 2006, the EC notified the DSB
that the EC intended to implement the recommendations and rulings of
the DSB in the dispute, and stated that it would need a reasonable
period of time for implementation. On June 21, 2007, the United States
notified the DSB that it had agreed with the EC on a one-year period of
time for implementation, to end on November 21, 2007. The United States
subsequently notified the DSB that it had agreed with the EC to extend
the implementation period to January 11, 2008.
On January 17, 2008, the United States submitted to the DSB a
request for authorization to suspend WTO concessions and other
obligations with respect to the EC on an annual basis in an amount
equal to the annual level of nullification and impairment resulting
from EC non-compliance with DSB recommendations and rulings. Under a
sequencing agreement with the EC, that request will be referred to
arbitration and the arbitration will be suspended while the United
States and EC continue to try to resolve this dispute and related
matters. The United States will periodically evaluate EC progress
toward normalizing biotech trade against a set of benchmarks and
timelines. If the United States decides to pursue WTO proceedings on
the EC's compliance, then pursuant to that agreement the United States
will file a formal consultation request with the EC, followed by a
request for the establishment of a WTO compliance panel. Should the
compliance panel find that the EC has not complied with DSB
recommendations and rulings, upon request of the United States the
arbitration will proceed. Once the arbitrator has issued its award, the
United States will be entitled to receive from the DSB the
authorization to suspend concessions in accordance with the award.
Procedures for Exercising WTO Authorization To Suspend Trade
Concessions
The practice of USTR, in pursuing WTO authorization to suspend
trade concessions on particular products, is to publish a broad
preliminary product list and ask for public comments on the products to
be included on a final retaliation list. This current notice is not
intended to replace a notice publishing and seeking comments on a
preliminary product list. Rather, the public comments received in
response to this current notice will be used as input in the
development of a preliminary list of specific products and of specific
EC member States. The preliminary list will not necessarily include all
products or EC member States suggested in response to this notice, nor
will the preliminary list be limited to such products or EC member
States.
Public Comment: Requirements for Submissions
To prepare for the possibility that the WTO arbitration is resumed
and the DSB authorizes the United States to suspend WTO concessions
with respect to the EC, USTR is seeking written comments on action that
USTR should take to exercise such an authorization. In particular, USTR
seeks written comments with respect to the specific products of the EC
or of one or more EC member States, and/or with respect to specific
member States of the EC, that should be subject to a suspension of WTO
concessions and related obligations, such as through increases of rates
of duty above current rates. If commenters suggest suspension of WTO
concessions or related obligations with respect to specific products,
the comments should identify the specific headings or subheadings of
the Harmonized Tariff Schedule of the United States in which such
products are classified. Commenters are requested to explain why the
suspension with respect to particular products or with respect to
particular EC member States would be effective in
[[Page 4290]]
terms of encouraging a favorable resolution of the EC-Biotech dispute.
Persons submitting comments may either send one copy by fax to
Sandy McKinzy at 202-395-3640, or transmit a copy electronically to
FR0805@ustr.eop.gov, with ``EC-Biotech Dispute'' in the subject line.
For documents sent by fax, USTR requests that the submitter provide a
confirmation copy electronically. 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.
Comments must be in English. 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 designated as such and the submission must be marked ``Business
Confidential'' at the top and bottom of the cover page and each
succeeding page.
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 clearly so designate the information or advice;
(2) Must clearly mark the material as ``Submitted in Confidence''
at the top and bottom of the cover page and each succeeding page; and
(3) Is encouraged to provide a non-confidential summary of the
information or advice.
USTR will maintain a file of non-confidential comments received in
response to this notice, accessible to the public, in the USTR Reading
Room, which is located at 1724 F Street, NW., Washington, DC 20508. An
appointment to review the public file (Docket No. WTO/DS-291) may be
made by calling the USTR Reading Room at (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.
William Busis,
Chair, Section 301 Committee.
[FR Doc. E8-1143 Filed 1-23-08; 8:45 am]
BILLING CODE 3190-W8-P