[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41858-41859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17808]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Petition Under Section 302 on the U.S.-Israel Free Trade 
Agreement; Decision Not To Initiate Investigation

AGENCY: Office of the United States Trade Representative.

ACTION: Decision not to initiate investigation.

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SUMMARY: On May 24, 2011, the Office of the United States Trade 
Representative (USTR) received a petition pursuant to section 302 of 
the Trade Act of 1974, as amended (``Trade Act''), requesting that the 
United States Trade Representative (``Trade Representative'') initiate 
an investigation under sections 301-309 of the Trade Act (``Section 
301'') with respect to alleged conduct of the Government of Israel 
during the negotiation in the 1980s of the U.S.-Israel Free Trade 
Agreement (U.S.-Israel FTA). In accordance with the advice of the 
interagency Section 301 Committee, the Trade Representative has 
determined not to initiate an investigation in response to the 
petition.

DATES: Effective Date: July 8, 2011.

FOR FURTHER INFORMATION CONTACT: Jonathan Weinberger, Associate General 
Counsel, (202) 395-0317; Sonia Franceski, Director for Middle East 
Affairs, (202) 395-4620; or William Busis, Deputy Assistant USTR for 
Monitoring and Enforcement and Chair of the Section 301 Committee, 
(202) 395-3150.

SUPPLEMENTARY INFORMATION: On May 24, 2011, an organization entitled 
the ``Institute for Research: Middle Eastern Policy'' (``IRMEP'') filed 
a petition pursuant to section 302 of the Trade Act alleging that in 
1984, during the negotiation of the U.S.-Israel FTA, the Government of 
Israel misappropriated business confidential information provided to 
USTR and the U.S. International Trade Commission by U.S. trade 
associations, companies, and industries. The petition alleges that the 
Government of Israel used this information to gain a systemic advantage 
in the U.S. market, and that this is the cause of the bilateral U.S. 
trade deficit with Israel. The petition further claims that the alleged 
misappropriation has diminished the profits of U.S. industry. The 
petition seeks a $6.64 billion settlement from the Government of 
Israel, to be divided among U.S. industry groups.
    Upon the advice of the interagency Section 301 Committee, the Trade 
Representative has determined on two separate grounds not to initiate a 
Section 301 investigation in response to the petition. First, IRMEP--
which describes itself as an organization involved in Middle East 
policy formation--lacks standing to file a petition addressed to an 
alleged loss of revenue by U.S. companies. The petition provides a 
diverse list of 76 corporations and industry associations that 
purportedly opposed the U.S.-Israel FTA in the mid-1980s, and the 
petition alleges that IRMEP represents ``some'' of those corporations 
and industry associations. USTR regulations, however, require that a 
petition affirmatively ``identify the * * * firm or association * * * 
which petitioner represents and describe briefly the economic interest 
of the petitioner which is directly affected by'' the matter addressed 
in the petition. 15 CFR 2006.1(a)(1). The petition fails to do so.
    Second, the petition fails to allege the existence of any act, 
policy, or practice of the Government of Israel that might be 
actionable under Section 301. Rather, the petition is addressed to an 
alleged

[[Page 41859]]

act by the Government of Israel that occurred over 27 years ago; the 
petition does not allege that any current acts, policies or practices 
of the Government of Israel are unjustifiable or unreasonable and 
burden or restrict U.S. commerce.

William Busis,
Chair, Section 301 Committee.
[FR Doc. 2011-17808 Filed 7-14-11; 8:45 am]
BILLING CODE 3190-W1-P