[Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012)]
[Notices]
[Pages 18296-18297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7309]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WTO/DS430]
WTO Dispute Settlement Proceeding Regarding India--Measures
Concerning the Importation of Certain Agricultural 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 March 6, 2012, the United States
requested consultations with the Government of India under the
Marrakesh Agreement Establishing the World Trade Organization (``WTO
Agreement'') concerning antidumping measures prohibitions imposed by
India on the importation of various agricultural products from the
United States purportedly because of concerns related to Avian
Influenza. That request may be found at www.wto.org contained in a
document designated as WT/DS430/1. 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 on or before April 19, 2012, to be assured of timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2012-0004. If you are unable to
provide submissions by www.regulations.gov, please contact Sandy
McKinzy at (202) 395-9483 to arrange for an alternative method of
transmission.
If (as explained below) the comment contains confidential
information, then the comment should be submitted by fax only to Sandy
McKinzy at (202) 395-3640.
FOR FURTHER INFORMATION CONTACT: Mayur R. Patel, Assistant General
Counsel, or Micah Myers, Assistant General Counsel, Office of the
United States Trade Representative 600 17th Street NW., Washington, DC
20508, (202) 395-3150.
SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations
have been requested pursuant to the WTO Understanding on Rules and
Procedures Governing the Settlement of Disputes (``DSU''). 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 nine months
after it is established.
Major Issues Raised by the United States
On March 6, 2012, the United States requested consultations
concerning measures imposed by India prohibiting the importation of
various agricultural products from the United States
[[Page 18297]]
purportedly because of concerns related to Avian Influenza. The United
States is alleging that India's measures appear to be inconsistent with
Articles I and XI of the General Agreement on Tariffs and Trade 1994
(``GATT 1994'') and Articles 2.2, 2.3, 3.1, 5.1, 5.2, 5.5, 5.6, 5.7,
6.1, 6.2, 7, and Annex B, paragraphs 2, 5, and 6 of the Agreement on
the Application of Sanitary and Phytosanitary Measures.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit public
comments electronically to www.regulations.gov docket number USTR-2012-
0004. If you are unable to provide submissions by www.regulations.gov,
please contact Sandy McKinzy at (202) 395-9483 to arrange for an
alternative method of transmission.
To submit comments via www.regulations.gov, enter docket number
USTR-2012-0004 on the home page and click ``search.'' The site will
provide a search-results page listing all documents associated with
this docket. Find a reference to this notice by selecting ``Notice''
under ``Document Type'' on the left side of the search-results page,
and click on the link entitled ``Submit a Comment.'' (For further
information on using the www.regulations.gov Web site, please consult
the resources provided on the Web site by clicking on ``How to Use This
Site'' on the left side of the home page.)
The www.regulations.gov site provides the option of providing
comments by filling in a ``Type Comments'' field, or by attaching a
document using an ``upload file'' field. It is expected that most
comments will be provided in an attached document. If a document is
attached, it is sufficient to type ``See attached'' in the ``Type
Comments'' field.
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 designated as such
and the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top
and bottom of the cover page and each succeeding page. Any comment
containing business confidential information must be submitted by fax
to Sandy McKinzy at (202) 395-3640. A non-confidential summary of the
confidential information must be submitted to www.regulations.gov. The
non-confidential summary will be placed in the docket and open to
public inspection.
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 clearly 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; and
(3) Must provide a non-confidential summary of the information or
advice.
Any comment containing confidential information must be submitted
by fax. A non-confidential summary of the confidential information must
be submitted to www.regulations.gov. The non-confidential summary will
be placed in the docket and open to public inspection.
Pursuant to section 127(e) of the Uruguay Round Agreements Act (19
U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement
proceeding accessible to the public at www.regulations.gov, docket
number USTR-2012-0004.
The public file will include non-confidential comments received by
USTR from the public with respect to the dispute. If a dispute
settlement panel is convened or in the event of an appeal from such a
panel, the U.S. submissions, any non-confidential submissions, or non-
confidential summaries of submissions, received from other participants
in the dispute, will be made available to the public on USTR's Web site
at www.ustr.gov, and the report of the panel, and, if applicable, the
report of the Appellate Body, will be available on the Web site of the
World Trade Organization, www.wto.org. Comments open to public
inspection may be viewed on the www.regulations.gov Web site.
Bradford L. Ward,
Acting Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2012-7309 Filed 3-26-12; 8:45 am]
BILLING CODE 3190-W2-P