[Federal Register Volume 67, Number 53 (Tuesday, March 19, 2002)]
[Notices]
[Pages 12637-12641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-6606]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Trade Policy Staff Committee; Public Comments Regarding the Doha
Multilateral Trade Negotiations and Agenda in the World Trade
Organization (WTO)
ACTION: Notice and request for comments.
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SUMMARY: The Trade Policy Staff Committee (TPSC) is requesting written
public comments on general U.S. negotiating objectives as well as
country and item-specific priorities for the negotiations and work
program launched at the WTO's Fourth Ministerial Conference in November
2001. WTO Trade Ministers at their Fourth Ministerial Meeting in Doha,
Qatar approved: (1) A declaration launching new global trade
negotiations and a work program; (2) a declaration on Intellectual
Property Protection (TRIPS) and Access to Medicines and Public Health;
and (3) a Decision on Implementation-Related Issues and Concerns raised
by Developing Countries. Negotiations will be conducted at the WTO's
headquarters in Geneva, Switzerland. The WTO General Council and the
Trade Negotiations Committee will oversee the negotiations and work
program of the WTO. Comments received will be considered by the
Executive Branch in formulating U.S. positions and objectives for U.S.
participation in the negotiations and discussions on the WTO's agenda.
DATES: Public comments are due by May 1, 2002.
ADDRESSES: Office of the U.S. Trade Representative, 1724 F Street, NW,
Washington, DC, 20508.
FOR FURTHER INFORMATION CONTACT: General inquiries should be made to
the USTR Office of WTO and Multilateral Affairs at (202) 395-6843;
calls on individual subjects will be transferred as appropriate.
Procedural inquiries concerning the public comment process should be
directed to Gloria Blue, Executive Secretary, Trade Policy Staff
Committee, Office of the United States Trade Representative, (202) 395-
3475. Further information on the WTO and the declarations agreed at the
Fourth Ministerial can be obtained via Internet at the WTO Web site
www.wto.org, the Office of the U.S. Trade Representative at
www.ustr.gov. Attention is also drawn to the President's Annual Report
on the Trade Agreements Program, which is available on the USTR
Internet site and contains extensive information on the WTO, the Doha
Ministerial Meeting and the work underway in the WTO.
SUPPLEMENTARY INFORMATION: The TPSC invites written comments from the
public on issues to be addressed in the course of the negotiations
launched at the WTO's Fourth Ministerial Conference, in Doha, Qatar in
November 2001. The TPSC sought comments in three earlier solicitations
prior to the Doha Ministerial: (1) Public Comments on Preparations for
the Fourth Ministerial Conference of the World Trade Organization,
November 9-13, 2001 in Doha, Qatar, published in 66 FR 18142, April 5,
2001; (2) Public Comments for Mandated Multilateral Trade Negotiations
on Agriculture and Services in the WTO and Priorities for Future Market
Access Negotiations on Non-Agricultural Products, published in 65 FR
16450, March 28, 2000; and (3) Solicitation of Public Comments on
Institutional Improvements to the World Trade Organization (WTO),
Particularly With Respect to the Transparency of its Operations and
Outreach to Civil Society, which included a solicitation of comments
regarding the WTO's dispute settlement operations and was published in
65 FR 36501, June 8, 2000. Supplementary or new submissions on these
topics are welcome, but comments submitted pursuant to the earlier
notice need not be resubmitted. The TPSC will review supplemental or
new comments together with earlier submissions in developing positions.
The Doha Development Agenda agreed to at the WTO's Fourth
Ministerial Meeting establishes a negotiating agenda that is to
conclude within three years (not later than 1 January 2005), and sets
out a certain number of issues to be considered further at the next
ministerial meeting of the WTO in 2003. In addition to the mandated
negotiations in agriculture and services, the negotiation of a
multilateral system of notification and registration of geographical
indications for wine and spirits, and the negotiation of improvements
to the Dispute Settlement Understanding (DSU), negotiations at Doha
were launched on market access for non-agricultural products; WTO rules
(on antidumping, subsidies, fisheries subsidies, and regional trade
agreements); and negotiations on limited aspects of the relationship
between WTO and multilateral environmental agreements. The Doha agenda
foresees further work on the so-called Singapore issues of Trade and
Competition, Trade and Investment, Transparency in Government
Procurement, and Trade Facilitation, leading to decisions on
negotiations by the time of the WTO's Fifth Ministerial Meeting in
2003. In
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addition, the Doha agenda focuses on a variety of issues relating to
the regular work program of the WTO which have a bearing on the
negotiations, including: further work on implementation of the existing
Agreements; integration of developing countries into the multilateral
trade system; trade-related technical assistance and capacity building;
small economies; special and differential treatment; treatment of
least-developed countries; electronic commerce; trade, debt and
finance; trade and technology, and the work of the Committee on Trade
and Environment (CTE).
Comments are welcome with as much specificity as the respondent can
provide on general or commodity-specific negotiating objectives;
country and product-specific export interests or barriers; and
experience with particular foreign measures that impede U.S. market
access. An indication or estimation of the anticipated benefits from
liberalization of the identified barriers would be helpful. Since
trade-related technical assistance and capacity building for developing
countries will be prominent in discussions, an indication of what
private sector technical assistance and capacity building activities
are under way or planned in each negotiating area would also be
welcome. An initial task in many of these subject areas will be for
governments to identify appropriate negotiating methods to achieve the
desired liberalization. Comments on these methodology questions would
therefore also be appropriate.
The U.S. International Trade Commission has provided to the TPSC
the public comments received on agricultural and non-agricultural
products as part of its investigation (Investigation No. 332-405),
Probable Economic Effects on Reduction or Elimination of U.S. Tariffs
(November 1999 (Confidential report)). On February 11, 2002 the U.S.
Trade Representative requested that the ITC update its investigation.
The ITC instituted its investigation (Investigation No. 332-440,
Probable Effect of the Reduction or Elimination of U.S. Tariffs) on
February 28, 2002 and published its Notice of Institution in 67 FR
10576, March 8, 2002. The ITC will again provide the public comments
received as part of its investigation so these comments need not be
resubmitted separately to the TPSC.
By separate notice, and pursuant to Executive Order 13141, USTR
will be initiating an environmental review of the negotiations launched
by the Doha Declaration and requesting public comment on the scope of
the environmental review.
For ease of submission, the TPSC has identified the following
headings under which comments may be submitted. Submissions should
identify the relevant subject area or areas to which comments apply.
These include:
(1) WTO Built-in Agenda Negotiations
(A) Agriculture. Supplementary comments are invited on the
negotiations currently underway on agriculture pursuant to the terms of
the Uruguay Round Agreements and the Doha Declaration. The mandated
negotiations in agriculture address agricultural goods from Chapters 1-
24, except fish and fish products; 2905.43 (mannitol); 2905.44
(sorbitol); 3301 (essential oils); 3501-3505 (albuminoidal substances,
modified starches, glues); 3809.10 (finishing agents); 3823.60
(sorbitol n.e.p.); 4101-4103 (hides and skins); 4301 (raw furskins);
5001-5003 (raw silk and silk waste); 5101-5103 (wool and animal hair);
5201-5203 (raw cotton, waste and cotton carded or combed); 5301 (raw
flax); and 5302 (raw hemp), as specified by the Agreement on
Agriculture. The Uruguay Round Agreement on Agriculture stipulates in
Article 20 that a continuation of the reform process begin ``one year
before the end of the implementation period,'' i.e., the beginning of
2000. The Doha Declaration outlines the objectives of the agriculture
negotiations: substantial improvements in market access; reduction,
with a view to phasing out, all forms of export subsidies; and,
substantial reductions in domestic support. The areas for negotiation
are market access, such as tariffs, tariff-rate quotas, tariff
administration, and import state trading enterprises; domestic support,
including trade-distorting support and non-trade distorting support;
and export competition, such as export subsidies, export credits,
export state trading enterprises, and export taxes and restrictions.
Comments on sectoral initiatives and rules and disciplines affecting
trade in agricultural goods are welcome. Respondents are requested to
provide as much specificity as possible on a commodity and country-
specific level focusing on trade interests and barriers. To the maximum
extent possible, these should be identified by the Harmonized System
nomenclature at the 6-digit level and for specific markets of interest.
The Doha Declaration calls for agreement on modalities for the
negotiations to be reached by March 31, 2003, and the submission of
initial schedules by the WTO Fifth Ministerial meeting, likely to be
held by mid-2003. A helpful supplement to the written statement would
be the provision of a disk containing as much of the technical details
as possible, either in a spreadsheet format or in a word processing
table format, with each tariff line in a separate cell. This disk
should be labeled and should clearly identify the software used and the
respondent.
As noted above, a solicitation of public comments was published on
March 28, 2000. New comments are welcome, but comments submitted
pursuant to the earlier notice need not be resubmitted.
(B) Services. Supplementary comments are invited on the
negotiations currently underway on trade in services pursuant to the
terms of the Uruguay Round Agreements and the Doha Declaration. The
General Agreement on Trade in Services (GATS) provides, in Article XIX,
``Members shall enter into successive rounds of negotiations, beginning
not later than five years from the date of entry into force of the WTO
Agreement,'' i.e., the beginning of 2000. For services, topics for
negotiating objectives include removal or reduction of barriers to U.S.
services exports under existing GATS disciplines; establishment of new
GATS disciplines to ensure effective market access, e.g., proposed
disciplines on domestic regulations on services, possibly addressing
transparency and necessity; and clarification of sectoral definitions
in the Agreement. The Doha Declaration calls for the submission of
initial requests for specific commitments by June 30, 2002 and initial
offers by March 31, 2003.
Services sectors under consideration in the negotiations include:
(1) Business services (including professional and related services such
as legal, accounting, auditing and bookkeeping, taxation, medical,
dental, veterinary, engineering, architectural, and urban planning
services), computer and related services, research and development
services, real estate services, rental and leasing services, and
advertising and management services; (2) communication services
(including telecommunications services, audiovisual services, express
delivery services); (3) construction and related engineering services;
(4) distribution services (including wholesale, retail, and franchising
services); (5) educational and training services; (6) environmental
services; (7) energy services; (8) financial services, including
insurance and insurance-related services, banking and securities
services; (9) health-related and social services; (10) tourism and
travel-related
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services; (11) recreational, cultural and sporting services; and (12)
transport services.
Comments on services in response to this notice should include,
wherever appropriate, sector-specific export priorities by country. A
helpful supplement to the written statement would be the provision of a
disk containing as much of the technical details as possible, either in
a spreadsheet format or in a word processing table format, with each
services sector in a separate cell. This disk should be labeled and
should clearly identify the software used and the respondent.
As noted above, a solicitation of public comments was published on
March 28, 2000. New comments are welcome, but comments submitted
pursuant to the notice need not be resubmitted.
(C) Trade-Related Aspects of Intellectual Property Rights. The
Council for Trade-Related Aspects of Intellectual Property Rights
(Council for TRIPS), pursuant to Article 23.4 of the TRIPS Agreement,
has been deliberating on the establishment of a multilateral system of
notification and registration of geographical indications for wines and
spirits. At Doha, it was agreed that these negotiations should be
concluded by the WTO's Fifth Ministerial Conference.
Specific issues to address include: (1) The features that should be
included or excluded in a multilateral system of notification and
registration of geographical indications for wines and spirits, with
justification; (2) how, if at all, such a system should address
competing rights in trademarks and geographical indications; (3) how,
if at all, the system should address competing rights in other
geographical indications; (4) how the provisions of the system should
relate to Article 6 ter of the Paris Convention (which prohibits the
registration of flags and other official state emblems); (5) how the
provisions relate to the U.S. Federal system of notifications; and (6)
the legal effect of a notification, both with respect to trademarks and
to other geographical indications.
While no other negotiations were agreed at Doha, the TRIPS Council
work program was strengthened in terms of its work on issues of
interest to Members, including on implementation, the examination of a
possible extension of protection of geographical indications for
products other than wine and spirits, and the issue of access to
medicines, which was the subject of a separate declaration at Doha.
(2) Non-agricultural or industrial market access. Supplementary
comments are invited on the negotiations launched on market access.
Comments are welcome with as much specificity as the respondent can
provide on general negotiating objectives and/or targets; country- and
product-specific export interests or barriers; and particular measures
that might be improved in the context of the new negotiations,
including both tariffs and non-tariff measures (NTMs). With regard to
NTMs, any available details on the foreign laws or regulations that lie
behind the barrier would also be helpful. To the maximum extent
possible, these should be identified by Harmonized System nomenclature
at the 6-digit level, (or preferably 8-digit level or higher, where
available) and should specify markets of interest. The United States
will work with trading partners to reach agreement on negotiating
modalities concurrent with the schedule established for agriculture
modalities, by March 31, 2003. Specific comments on possible approaches
to negotiations are invited (i.e., sectoral initiatives such as zero-
for-zero or harmonization approaches, request/offer and formula
methodologies, and approaches that address the interests of small- and
medium-sized enterprises). Comments should encompass the priorities and
methodologies for the negotiation of environmental goods identified in
the Doha Declaration under the heading of Trade and the Environment. A
helpful supplement to the written statement would be the provision of a
disk containing as much of the technical details as possible, either in
a spreadsheet format or in a word processing table format, with each
tariff line in a separate cell. This disk should be labeled and should
clearly identify the software used and the respondent.
(3) WTO Rules. Ministers established a carefully-balanced mandate
for negotiations dealing with rules in four specific areas:
antidumping; subsidies and countervailing measures; fisheries subsidies
and regional trade agreements. The mandate calls for an identification
of issues in the initial phase and subsequent negotiations aimed at
improving and clarifying disciplines. Comments are invited on U.S.
objectives for these negotiations, bearing in mind that there is
agreement to preserve the basic concepts, principles and effectiveness
of the Antidumping and Subsidies Agreements and their instruments and
objectives. In particular, respondents may wish to address ways to
enhance disciplines on trade distorting practices that lead to unfair
trade, as well as the due process, transparency and judicial review
provisions of the Agreements. (Respondents may wish to review the
articles dealing with ``Evidence,'' Public Notice and Explanation of
Determinations and Judicial Review) and may also wish to focus on the
linkages between the rules issues and the operation of the Dispute
Settlement Understanding (DSU).
With respect to the negotiations related to fisheries disciplines,
respondents should focus on the nature and scope of negotiations on the
specific issues of fisheries subsidies, particularly those that lead to
overcapacity and over-fishing. With respect to the negotiations on
regional trade agreements, attention is drawn to the work of the
Committee on Regional Trade Agreements (CRTA) in the WTO, including the
systemic issues that have been identified in the CRTA work program.
Respondents should focus on the objectives that the U.S. should pursue
in discussions aimed at revising the rules in these areas in the light
of current practice.
(4) Dispute Settlement. The mandate calls on Members to complete
their negotiations to improve and clarify WTO rules on dispute
settlement procedures by May 2003. The United States welcomes the
opportunity to refine the dispute settlement system based on the
experiences of Members over the past six years. The United States has
pursued a more open and transparent set of procedures which achieve
effective and timely results. Comments are welcome on the objectives
that the United States should be pursuing in this critical area of
negotiations.
(5) Trade and the Environment. At Doha, Ministers agreed on a
package of environmental elements that demonstrates the WTO's
commitment to sustainable development and to simultaneously advancing
trade, environment, and development interests. These mandates enable
U.S. negotiators to pursue an affirmative agenda, focusing on the
reduction/elimination of environmentally harmful subsidies in fisheries
and export subsidies in agriculture as well as on improved market
access for environmental goods and services; and encouraging capacity-
building for developing Members, including in connection with
environmental reviews of trade agreements. The role of the Committee on
Trade and Environment (CTE) was strengthened and emphasis placed on the
win-win aspects of market access, relevant provisions of TRIPs, and
labeling requirements for environmental purposes, with a mandate to
identify any need to clarify
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relevant rules. The Members also agreed to enhance the mutual
supportiveness of multilateral environmental agreements (MEAs) and the
WTO rules by developing procedures for regular information exchange
between WTO committees and MEA secretariats, and by further exploring
the relationship between existing WTO rules and specific trade
obligations set out in MEAs, and by reducing or eliminating tariff and
non-tariff barriers to environmental goods and services. This work on
MEAs will be conducted by the CTE meeting in Special Session. Comments
are welcome on U.S. objectives in all the areas identified above,
recognizing that in certain cases, such as fisheries subsidies and
liberalization of environmental goods resources, the actual
negotiations will take place in other relevant negotiating groups.
(6) Singapore Issues. At the 1996 Singapore Ministerial Meeting,
Ministers agreed to work programs in the areas of: (1) Trade and
competition; (2) trade and investment; (3) trade facilitation; and (4)
transparency in government procurement. Comments are welcome on all of
these issues and U.S. objectives for these issues which shall be
considered further at the Fifth Ministerial Meeting.
A. Interaction Between Trade and Competition Policy
The working group has been assigned a modest program of work aimed
at identifying core principles, with further decisions at the next
(Fifth) Ministerial. In the first stage, the WTO will focus on
clarification of ``core principles,'' including transparency, non-
discrimination and procedural fairness, and provisions on hard-core
cartels; modalities for voluntary cooperation; and support for
progressive reinforcement of competition institutions in developing
countries through capacity building. At the Fifth Ministerial, a
decision will be taken on the timing and specific content of
negotiations.
B. Investment
The existing WTO working group on investment will clarify issues,
such as scope, transparency, non-discrimination, modalities for making
commitments, exceptions, and government-to-government dispute
settlement. At the Fifth Ministerial, a decision will be taken on the
time and specific content of the negotiations. Comments would also be
welcome regarding the relationship of any potential WTO investment
provisions with existing bilateral or regional investment agreements.
C. Trade Facilitation
Ministers outlined a focused program leading to negotiations aimed
at meeting the needs for transparency and efficiency of the fast-paced
global economy. Ministers agreed to provide for work on new WTO rules
to make procedures at international borders more transparent and
efficient. Negotiations will take place after the Fifth Ministerial on
the basis of a decision to be taken at that Ministerial on modalities
of negotiations. At that time, negotiations will be launched on WTO
rules for expediting the movement and clearance of goods crossing
borders, building on relevant GATT Articles (Articles V (transit), VIII
(formalities), and X (transparency)).
We are also interested in identification of country-specific
problems that U.S. exporters are having in terms of further expediting
the movement, release and clearance of goods including goods in
transit, non-transparent procedures, and requirements for certificates
of origin for non-preferential trade.
D. Transparency in Government Procurement
Building on the Working Group's excellent preparatory work to date,
Ministers agreed to a focused program that will lead to disciplines on
government purchases, making an important contribution to combating
corruption. Ministers agreed to negotiate an agreement providing for
enhanced transparency in WTO Member government procurement procedures,
to be launched at the Fifth Ministerial. The negotiations will not
incorporate new market access commitments, meaning Members'
preferential procurement programs will not be involved. The process
will include a focused preparatory phase and a program of capacity
building and technical assistance for developing countries.
(7) Development and related issues. The Doha Declaration focuses
extensively on development, in particular the provision of technical
assistance and capacity building support to trading partners. Comments
are requested on ways to facilitate the participation of poorer, less-
advanced and least-developed countries in the WTO, including making the
WTO more responsive to development concerns. Comments should take into
account work that has been conducted to integrate the technical
assistance provided by various international organizations, including
the WTO. Areas for comment could include provision of additional
capacity building and market access opportunities, the possible
graduation of countries from preference programs, the integration of
trade into the poverty reduction strategies of other institutions, and
improving the interplay between the work of the WTO and that of other
international institutions such as the IMF, IBRD, UNCTAD, ILO and UNDP,
to be more responsive to the development needs of WTO members.
Respondents are encouraged to provide information on relevant technical
assistance provided by their organization.
(8) Systemic Issues/Institutional Reform. Comments are requested on
the important institutional issues raised about the WTO in terms of its
openness and accountability, including its outreach to citizens. The
United States continues to seek institutional improvements to the WTO,
while preserving its intergovernmental nature. For example, the United
States has consistently called for the WTO to build upon past progress
by (i) expanding the range and improving the timeliness of WTO
documents available to the public; (ii) strengthening the guidelines
for consultations with non-governmental organizations (NGOs); (iii)
enhancing the WTO's program of symposia and consultations on specific
topics of mutual interest; (iv) expanding and improving the use of
Internet facilities to reach more stakeholders in more creative ways;
and (v) broadening the range of WTO meetings and events that would be
open to the public. Another area of interest relates to the operation
of the WTO and its relations among Members, and internal consultative
processes and improvements, including the establishment of new
institutional arrangements within the WTO that would build upon the
general practice of operating on the basis of consensus of all members.
(9) Implementation. The separate decision on implementation agreed
to at Doha, along with paragraph 12 of the Doha declaration, focus on
the implementation concerns that have been an issue for many WTO
members over the past several years. At Doha, Members addressed a wide
range of developing country concerns regarding implementation of
previous WTO agreements, primarily through clarifying existing
provisions and seeking further work in WTO committees. Issues that
remain outstanding were assigned to the WTO work program, or addressed
in negotiations where they have been specifically mandated. Comments
are invited on the work on implementation, recognizing that by the end
of 2002 that
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the TNC will receive reports from Members in line with paragraph 12(b)
of the main declaration.
(10) Other issues. Comments are welcome on other issues that
respondents believe would be appropriate to raise with respect to the
negotiations and work program of the WTO, including the work assigned
to the General Council regarding the subjects of trade, debt and
finance, and transfer of technology, the Work Program on Electronic
Commerce, as well as on environmental or labor issues relevant to the
formulation of U.S. objectives for the negotiations and work program.
The TPSC's aim is to be as inclusive as possible in providing
opportunity for public comments.
Written Submissions. Comments should state clearly the objective(s)
and should contain detailed information supporting the objective(s).
Submissions should clearly indicate the general topic (i.e.,
agriculture, services or non-agricultural products). Persons submitting
written comments should provide twenty (20) copies no later than noon
May 1, 2002, to Gloria Blue, Executive Secretary, Trade Policy Staff
Committee, Office of the United States Trade Representative, 1724 F
Street NW, Washington, DC 20508. Where possible, respondents should
also submit comments in electronic form by providing a disk together
with the required twenty hard copies. An electronic submission alone
will not be considered. The disk should be labeled and should clearly
identify the software used and the respondent. As noted in the sections
on services, agriculture and industrial market access, the provision of
supplemental technical information would be helpful. This information
should be provided in spreadsheet or table format in Microsoft Word,
Word Perfect, Excel, Quatro Pro or MS Access.
Written comments submitted in connection with this request, except
for information granted ``business confidential'' status pursuant to 15
CFR 2003.6, will be available for public inspection in the USTR Reading
Room, Office of the United States Trade Representative. An appointment
to review the file may be made by calling 202-395-6186. The Reading
Room is open to the public from 10:00 a.m. to 12:00 noon, and from 1:00
p.m. to 4:00 p.m. Monday through Friday.
Business confidential information, including any information
submitted on disks, will be subject to the requirements of 15 CFR
2003.6. Any business confidential material must be clearly marked as
such and must be accompanied by a non-confidential summary thereof. If
the submission contains business confidential information, twenty
copies of a public version that does not contain confidential
information, must be submitted. A justification as to why the
information contained in the submission should be treated
confidentially must be included in the submission. In addition, any
submissions containing business confidential information must be
clearly marked ``Business Confidential'' at the top and bottom of the
cover page (or letter) and each succeeding page of the submission. The
version that does not contain business confidential information should
also be clearly marked, at the top and bottom of each page, ``public
version'' or ``non-confidential.''
Carmen Suro-Bredie,
Chair, Trade Policy Staff Committee.
[FR Doc. 02-6606 Filed 3-18-02; 8:45 am]
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