[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Notices]
[Pages 11725-11727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03667]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WT/DS455]
WTO Dispute Settlement Proceeding Regarding Indonesia Importation
of Horticultural Products, Animals and Animal 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 January 10, 2013, the United
States requested consultations with the Government of the Republic of
Indonesia (``Indonesia'') under the Marrakesh Agreement Establishing
the World Trade Organization (``WTO Agreement'') concerning certain
measures imposed by Indonesia on the importation of horticultural
products, animals and animal products. That request may be found at
www.wto.org, contained in a document designated as WT/DS455/1. 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 March 14, 2013 to assure timely consideration by
USTR.
ADDRESSES: Public comments should be submitted electronically at
www.regulations.gov, docket number USTR-2013-0002. If you are unable to
provide submissions at 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: Arthur Tsao, Assistant General
Counsel, Office of the United States Trade Representative, (202) 395-
3150.
[[Page 11726]]
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 a 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 January 10, 2013, the United States requested consultations
concerning certain measures imposed by Indonesia on the importation of
horticultural products, animals and animal products into Indonesia.
Indonesia subjects the importation of horticultural products, animals
and animal products into Indonesia to non-automatic import licenses and
quotas, thereby restricting imports of goods. In particular, Indonesia
imposes an import licensing regime for horticultural products and for
animal and animal products pursuant to which an importer must complete
multiple steps prior to importing those products into Indonesia.
The legal instruments through which Indonesia imposes and
administers these measures include but are not limited to the following
instruments: Law of the Republic of Indonesia Number 13 of Year 2010
Concerning Horticulture; Regulation of the Minister of Agriculture
Number 60/Permentan/OT.140/9/2012; Regulation of the Minister of Trade
Number 30/M-DAG/PER/5/2012 Regarding Provisions on Import of
Horticultural Products; Regulation of the Minister of Trade Number 60/
M-DAG/PER/9/2012 Regarding Second Amendment of Regulation of the
Minister of Trade Number 30/M-DAG/PER/5/2012 Regarding Provisions on
Import of Horticultural Products; Law of the Republic of Indonesia
Number 18/2009 on Animal Husbandry and Animal Health; Regulation of the
Minister of Agriculture Number 50/Permentan/OT.140/9/2011 Concerning
Recommendation for Approval on Import of Carcasses, Meats, Edible
Offals and/or Processed Products Thereof to Indonesian Territory; and
Regulation of the Minister of Trade Number 24/M-DAG/PER/9/2011
Concerning Provisions on the Import and Export of Animal and Animal
Product. The legal instruments also include any amendments, related
measures, or implementing measures.
These licensing regimes have significant trade-restrictive effects
on imports and are used to implement what appear to be WTO-inconsistent
measures. The multi-step licensing process appears to be more
administratively burdensome than absolutely necessary to administer the
measure. The issuance of licenses appears to be delayed or refused by
the Indonesian authorities on non-transparent grounds. The Indonesian
licensing measures do not inform traders of the basis for granting
licenses. The licensing regimes do not appear to be administered in a
uniform, impartial and reasonable manner, because the measures are
applied inconsistently and unpredictably.
Through these measures, Indonesia appears to have acted
inconsistently with its obligations under the General Agreement on
Tariffs and Trade (``GATT 1994''), the Agreement on Agriculture
(``Agriculture Agreement''), and the Agreement on Import Licensing
Procedures (``Import Licensing Agreement''). Specifically, the United
States asserts that Indonesia's measures appear to be inconsistent with
the following provisions of the GATT 1994, the Agriculture Agreement,
and the Import Licensing Agreement:
1. Articles X:3(a) and XI:1 of the GATT 1994;
2. Article 4.2 of the Agriculture Agreement; and
3. Articles 1.2, 3.2 and 3.3 of the Import Licensing Agreement.
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-
2013-0002. 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-2013-0002 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 Web site allows users to provide 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 that
he submitted, 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 at www.regulations.gov. The
non-confidential summary will be placed in the docket and will be open
to public inspection.
USTR may determine that information or advice contained in a
comment submitted, other than business confidential information, is
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 at www.regulations.gov. The non-confidential summary will
be placed in the docket and will be 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, docket number USTR-2013-0002, accessible to the public at
www.regulations.gov.
[[Page 11727]]
The public file will include non-confidential comments received by
USTR from the public regarding the dispute. If a dispute settlement
panel is convened, or in the event of an appeal from such a panel, the
following documents will be made available to the public at
www.ustr.gov: The United States' submissions, any non-confidential
submissions received from other participants in the dispute, and any
non-confidential summaries of submissions received from other
participants in the dispute. In the event that a dispute settlement
panel is convened, or in the event of an appeal from such a panel, the
report of the panel, and, if applicable, the report of the Appellate
Body, will also be available on the Web site of the World Trade
Organization at www.wto.org. Comments open to public inspection may be
viewed at www.regulations.gov.
Juan Mill[aacute]n,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2013-03667 Filed 2-15-13; 8:45 am]
BILLING CODE 3290-F3-P