[Federal Register: March 5, 2002 (Volume 67, Number 43)]
[Notices]
[Page 10035-10036]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr02-96]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-243]
WTO Consultations Regarding ``United States--Rules of Origin for
Textiles and Apparel Products''
AGENCY: Office of the United States Trade Representative.
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 11, 2002, India
requested consultations with the United States under the Understanding
on Rules and Procedures Governing the Settlement of Disputes (``DSU''),
the General Agreement Regarding Tariffs and Trade 1994 (``GATT 1994''),
and the Agreement on Rules of Origin (``ROO Agreement'') regarding the
rules of origin for textiles and apparel products set out in Section
334 of Uruguay Round Agreements Act and Section 405 of the Trade and
Development Act of 2000, and implementing legislation. The European
Communities (``EC'') and Bangladesh subsequently requested to join the
consultations as third parties. India alleges that Section 334 and its
modification, Section 405, are inconsistent with certain obligations of
the United States under the ROO Agreement. Pursuant to Article 4.3 of
the DSU, such consultations are to take place within a period of 30
days from the date of the request, or within a period otherwise
mutually agreed between the United States and the requesting parties.
Consultations were held on February 7, 2002, and may be followed by
subsequent consultations. 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 March 27, 2002, to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0015@ustr.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.
[[Page 10036]]
FOR FURTHER INFORMATION CONTACT: Melida N. Hodgson, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC, (202) 395-3852.
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 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. 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 Consultation Request
Section 334 changed 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
concerns raised by the EC. The consultation request alleges that
Section 334's changes to rules of origin wrongly differentiated between
textile and apparel products and industrial products in order to
protect U.S. industry from competition. Similarly, India alleges that
the changes made in Section 405 to the textile and apparel rules of
origin were adopted to achieve specific trade objectives. These
changes, India alleges are inconsistent with Article 2(b)-(e) of the
ROO Agreement.
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-234, US-India
Textile ROO Dispute) may be made by calling Brenda Webb, (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.
Christine Bliss,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 02-5137 Filed 3-4-02; 8:45 am]
BILLING CODE 3190-01-M