[Federal Register: August 1, 2003 (Volume 68, Number 148)]
[Notices]
[Page 45307-45308]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au03-118]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS-267]
WTO Dispute Settlement Proceeding Regarding United States
Subsidies to Upland Cotton
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 March 18, 2003, a dispute settlement panel was
established at the request of the Government of Brazil under the
Marrakesh Agreement Establishing the World Trade Organization (``WTO'')
to examine ``subsidies provided to U.S. producers, users and/or
exporters of upland cotton.'' Brazil alleges that these subsidies are
inconsistent with the obligations of the United States under the
General Agreement on Tariffs and Trade 1994 (``GATT 1994''), the
Agreement on Agriculture (``Agriculture Agreement''), and the Agreement
on Subsidies and Countervailing Measures (``Subsidies Agreement'').
USTR invites
[[Page 45308]]
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 August 15, 2003, to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) Electronically, to
fr0088@ustr.gov, Attn: ``United States--Subsidies on Upland Cotton'' in
the subject line, or (ii) by fax, to Sandy McKinzy (Attn: United
States--Subsidies on Upland Cotton) at 202-395-3640, with a
confirmation copy sent electronically to the e-mail address above.
FOR FURTHER INFORMATION CONTACT: Juan A. Mill[aacute]n, Assistant
General Counsel, Office of the United States Trade Representative, 600
17th Street, NW., Washington, DC (202) 395-3581, or Sharon Bomer
Lauritsen, Deputy Assistant USTR for Agricultural Affairs, (202) 395-
6127.
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 February 6, 2003, Brazil requested the establishment of
a WTO dispute settlement panel to examine Brazil's allegations
concerning ``subsidies provided to U.S. producers, users and/or
exporters of upland cotton.'' On March 18, 2003, a WTO dispute
settlement panel was established to consider this matter, and on May
19, 2003, the panel was composed by the WTO Direct General. The panel,
which will hold its meetings in Geneva, Switzerland, is expected to
issue a report on its findings and recommendations in January 2004.
Argentina, Australia, Benin, Canada, Chad, China, Chinese Taipei, the
European Communities, India, New Zealand, Pakistan, Paraguay, and
Venezuela have notified the WTO of their intention to participate as
third parties.
Major Issues Raised by Brazil
Brazil has challenged alleged ``prohibited and actionable subsidies
provided [by the United States] to U.S. producers, users and/or
exporters of upland cotton, as well as legislation, regulations and
statutory instruments and amendments thereto providing such subsidies
(including export credit guarantees), grants, and any other assistance
to the U.S. producers, users and exporters of upland cotton (`U.S.
upland cotton industry').'' Specific programs identified by Brazil
include marketing loans, loan deficiency payments, commodity
certificates, direct payments, counter-cyclical payments, Step 2
certificate payments, export credit guarantees, and crop insurance.
Brazil contends that these U.S. measures, as such and as applied,
are inconsistent with the obligations of the United States under
Articles III:4, XVI:1, and XVI:3 of the GATT 1994; Articles 3.3, 7.1,
8, 9.1, and 10.1 of the Agriculture Agreement; and Articles 3.1(a),
3.1(b), 3.2, 5(a), 5(c), 6.3(b), 6.3(c), 6.3(d), and item (j) of the
Illustrative List of Export Subsidies of the Subsidies 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 fax to Sandy McKinzy at 202-395-
3640, or transmit a copy electronically to fr0088@ustr.gov, with
``United States--Subsidies on Upland Cotton'' 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.
A person requesting that information contained in a comment
submitted by that person by 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'' at the top and bottom of the cover page and each
succeeding page of the submission.
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''
at the top and bottom of the cover page and each succeeding page of the
submission; 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, located at 1724 F Street, NW.,
Washington, DC 20508. The public file will include non-confidential
comments received by USTR from the public with respect to the dispute;
the U.S. submissions to the panel in the dispute, 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 panel;
and, if applicable, the report of the Appellate Body. An appointment to
review the public file may be made by calling the 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.
Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 03-19556 Filed 7-31-03; 8:45 am]
BILLING CODE 3190-01-M