[Federal Register: August 20, 1999 (Volume 64, Number 161)] [Notices] [Page 45581-45582] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr20au99-133] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/DS-164] WTO Dispute Settlement Proceeding Regarding Argentina--Measures Affecting Imports of Footwear 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 a request by the United States for the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO'') to examine Argentina's modification of its safeguard measure affecting imports of footwear. In this dispute, the United States alleges that modification of the safeguard measure is inconsistent with Argentina's obligations under the WTO Agreement on Safeguards. 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 September 30, 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: Argentina Footwear Imports, Dispute, Office of the United States Trade Representative, 600 17th Street, NW, Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Marjorie Florestal, Assistant General Counsel at (202) 395-3581 or Kellie Meiman, Director for Mercosur and the Southern Cone at (202) 395-5190. SUPPLEMENTARY INFORMATION: Pursuant to section 127(b)(1) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing notice that on May 20, 1999, the United States submitted a request for the establishment of a WTO dispute settlement panel to examine Argentina's modification of its safeguard measure on imports of footwear. The WTO Dispute Settlement Body established a panel for this purpose on July 26, 1999. Major Issues Raised and Legal Basis of the Complaint In November 1998, Argentina adopted Resolution 1506, followed by the issuance of Decision 837/98, dated December 4, 1998, which modified Resolution 987/97 and imposed a tariff-rate quota (TRQ) on footwear imports in addition to the high duty rates previously imposed. Moreover, Resolution 1506 postpones any liberalization of the original safeguard duty until February 25, 2000, and liberalizes the TRQ only once during the life of the measure. Argentina has not notified this measure to the Committee on Safeguards. On March 1, 1999, the United States requested consultations with Argentina with a view to reaching a mutually satisfactory resolution of the matter. Consultations were held on March 24, 1999, in Geneva, but did not lead to a satisfactory resolution. Based upon information received to date, the United States considers that Resolution 1506 and Decision 837/98 may be inconsistent with the obligations of Argentina under the WTO Agreement on Safeguards, in particular: (1) Article 7.4, which mandates that safeguard measures over one year in duration be progressively liberalized at regular intervals; and (2) Article 12, which directs Members immediately to notify the Committee on Safeguards of all safeguard actions and to provide adequate opportunity for prior consultations with Members having substantial export interest in the product concerned. Public Comment: Requirements for Submissions Interested persons are invited to submit written comments concerning [[Page 45582]] 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, N.W., Washington, D.C. 20508. The public file will include a listing of any comments received by USTR from the public with respect to the proceeding; U.S. submissions to the panel in the proceeding; 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-164 ``Argentina-- Measures Affecting Imports of Footwear'' 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. Kenneth P. Freiberg, Deputy General Counsel. [FR Doc. 99-21720 Filed 8-19-99; 8:45 am] BILLING CODE 3190-01-P