[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37353-37355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15987]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WT/DS478]
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 May 20, 2015, at the request of
the United States, the World Trade Organization (WTO) has established a
dispute settlement panel 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/DS478/9. 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
[[Page 37354]]
the dispute settlement proceedings, comments should be submitted on or
before July 31, 2015 to assure timely consideration by USTR.
ADDRESSES: Public comments should be submitted electronically at
www.regulations.gov, docket number 2014-0010. 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 and Kate Hadley, Assistant
General Counsels, Office of the United States Trade Representative,
(202) 395-6987 and (202) 395-5949, respectively.
SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round
Agreements Act (``URAA'') (19 U.S.C. 3537(b)(1)) requires that notice
and opportunity for comment be provided after the United States submits
or receives a request for the establishment of a WTO dispute settlement
panel. Consistent with this obligation, USTR is providing notice that,
at the request of the United States, a dispute settlement panel has
been established pursuant to the WTO Dispute Settlement Understanding
(``DSU''). The panel will hold its meetings in Geneva, Switzerland.
Major Issues Raised by the United States
On March 18, 2015, the United States requested the establishment of
a dispute settlement panel to examine Indonesia's wide-ranging import
restrictions on fruits and vegetables, animal products, and other
agricultural products. These measures include a ban on poultry and
certain meat products and Indonesia's trade-restrictive import
licensing regimes for horticultural products and animals and animal
products.
Specifically, Indonesia: (a) Imposes trade-restrictive import
licensing regimes and related requirements on imports of horticultural
products and of animals and animal products; (b) imposes prohibitions
and restrictions on imports of such products; and (c) prohibits and
restricts importation of such products when domestic production is
deemed sufficient to fulfill domestic demand.
The legal instruments through which Indonesia imposes and
administers these measures include but are not limited to the following
instruments:
1. Regulation of the Ministry of Agriculture Number 86/
Permentan/OT.140/8/2013 Concerning Import Recommendation of
Horticulture Products (``MOA Regulation 86/2013''), which repeals
and replaces Regulation of the Minister of Agriculture Number 47/
Permentan/OT.140/4/2013 Concerning Recommendation on the Importation
of Horticulture Products, which repealed and replaced Regulation of
the Minister of Agriculture Number 60/Permentan/OT.140/9/2012;
2. Regulation of the Minister of Trade Number 16/M-DAG/PER/4/
2013 Concerning Provisions on Horticulture Product Import (``MOT
Regulation 16/2013''), which repeals and replaces Regulation of the
Minister of Trade Number 30/M-DAG/PER/5/2012 Concerning the
Provisions on Import of Horticultural Products and 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;
3. Regulation of the Ministry of Trade Number 47/M-DAG/PER/8/
2013 Concerning Amendment of Regulation of the Minister of Trade
Number 16/M-DAG/PER/4/2013 Concerning Import Provision of
Horticulture Product (``MOT Regulation 47/2013'');
4. Regulation of the Ministry of Agriculture Number 139/
Permentan/PD.410/12/2014 (``MOA Regulation 139/2014'') Regarding
Importation of Carcass, Meat, and/or Its Derivatives into the
Territory of the Republic of Indonesia as amended by Regulation of
the Ministry of Agriculture Number 02/Permentan/PD.410/1/2015
Concerning Amendment of Regulation of the Ministry of Agriculture
Number 139/Permentan/PD.410/12/2014 Regarding Importation of
Carcass, Meat, and/or Its Derivatives into the Territory of the
Republic of Indonesia, which repealed and replaced Regulation of the
Ministry of Agriculture Number 84/Permentan/PD.410/8/2013 Concerning
Importation of Carcass, Meat, Offal and/or Their Derivatives into
the Territory of the Republic of Indonesia as amended by Regulations
of the Ministry of Agriculture 96/Permentan/PD.410/9/2013 and
Regulations of the Ministry of Agriculture 110/Permentan/PD.410/9/
2014, which repeals and replaces 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 as
amended by Regulation of the Minister of Agriculture Number 63/
Permentan/OT.140/5/2013 Concerning Amendment of Regulation of the
Minister of Agriculture Number 50/Permentan/OT.140/9/2011 Concerning
Import Approval Recommendation of Carcass, Meat, Offal, and/or their
Derivatives into the Territory of the Republic of Indonesia;
5. Regulation of the Minister of Trade Number 46/M-DAG/PER/8/
2013 Concerning Animal and Animal Product Import and Export
Provision (``MOT Regulation 46/2013'') as amended by Regulation of
the Minister of Trade No. 57/M-DAG/PER/9/2013 and by Regulation of
the Minister of Trade 17/M-DAG/PER/3/2014, which repeals and
replaces Regulation of the Minister of Trade Number 22/M-DAG/PER/5/
2013 Concerning Import and Export of Animals and Animal Products,
which repealed and replaced 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;
6. Law of the Republic of Indonesia Number 13 of Year 2010
Concerning Horticulture;
7. Law of the Republic of Indonesia Number 18/2012 Concerning
Food;
8. Law of the Republic of Indonesia Number 19/2013 Concerning
Protection and Empowerment of Farmers;
9. Law of the Republic of Indonesia Number 18/2009 on Animal
Husbandry and Animal Health, as amended by Law of the Republic of
Indonesia Number 41/2014 on Amendment of Law Number 18/2009 on
Animal Husbandry and Animal Health;
10. Law of the Republic of Indonesia Number 18/2012 Concerning
Food; and
11. Law of the Republic of Indonesia Number 19/2013 Concerning
Protection and Empowerment of Farmers.
The legal instruments also include any amendments, related
measures, or implementing measures.
Through these measures, Indonesia appears to have acted
inconsistently with its obligations under the General Agreement on
Tariffs and Trade (``GATT 1994'') and the Agreement on Agriculture
(``Agriculture Agreement''). Specifically, as further elaborated in the
U.S. panel request, the United States asserts that Indonesia's measures
appear to be inconsistent with WTO rules, including, inter alia,
provisions of the GATT 1994 and the Agriculture Agreement:
1. Article XI:1 of the GATT 1994 as these measures are
``prohibitions or restrictions other than duties, taxes or other
charges'' instituted or maintained on the importation of products into
Indonesia.
2. Article 4.2 of the Agreement on Agriculture as these measures
are ``of the kind which have been required to be converted into
ordinary customs duties.''
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-
2014-0010. 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
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number USTR-2014-0010 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-2014-0010, accessible to the public at
www.regulations.gov.
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 Millan,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2015-15987 Filed 6-29-15; 8:45 am]
BILLING CODE 3290-F5-P