[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53959-53961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21729]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Dispute No. WT/DS444]
WTO Dispute Settlement Proceeding Regarding Argentina--Measures
Affecting the Importation of Goods
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 August 21, 2012, the United
States requested consultations with the Government of Argentina
(``Argentina'') under the
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Marrakesh Agreement Establishing the World Trade Organization (``WTO
Agreement'') concerning certain measures imposed by Argentina on the
importation of goods. That request may be found at www.wto.org,
contained in a document designated as WT/DS444/1. 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 September 28, 2012 to assure timely
consideration by USTR.
ADDRESSES: Public comments should be submitted electronically at
www.regulations.gov, docket number USTR-2012-0023. 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: Greta Milligan, Assistant General
Counsel, Office of the United States Trade Representative, (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 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 August 21, 2012, the United States requested consultations
concerning certain measures imposed by Argentina on the importation of
goods into Argentina. In particular, Argentina subjects the importation
of all goods to approval of a non-automatic import license through the
Declaraci[oacute]n Jurada Anticipada de Importaci[oacute]n (``DJAI'')
system. In addition, Argentina subjects the importation of certain
goods into Argentina to other product-specific non-automatic import
licenses, or Licencias No Autom[aacute]ticas de Importaci[oacute]n in
the form of Certificados de Importaci[oacute]n (``CIs''). The legal
instruments through which Argentina maintains these measures are set
out in the annexes to the request for consultations. The issuance of
CIs and approval of DJAIs are systematically delayed or denied by
Argentine authorities on non-transparent grounds.
In addition, Argentina often requires imports to undertake certain
commitments including to limit imports, to balance imports with
exports, to make or increase investments in production facilities in
Argentina, to increase the local content of products manufactured in
Argentina (and thereby discriminate against imported products), to
refrain from transferring revenue or other funds abroad and/or to
control the price of imported goods. The Argentine authorities often
make the issuance of CIs and the approval of DJAIs conditional upon the
importers undertaking to comply with the above-mentioned trade-
restrictive commitments.
Through these measures, Argentina appears to have acted
inconsistently with its obligations under the General Agreement on
Tariffs and Trade (``GATT 1994''), the Agreement on Import Licensing
Procedures (``Import Licensing Agreement''), the Agreement on Trade-
Related Investment Measures (``TRIMS Agreement''), and the Agreement on
Safeguards (``Safeguards Agreement'').
Specifically, the United States asserts in the request for
consultations that Argentina's measures appear to be inconsistent with
the following provisions of the GATT 1994, the TRIMs Agreement, the
Import Licensing Agreement, and the Safeguards Agreement:
1. Articles III:4, X:1, X:2, X:3(a) and XI:1 of the GATT 1994;
2. Article 2 of the TRIMs Agreement;
3. Articles 1.2, 1.3, 1.4, 3.2, 3.3, 3.4, 3.5, 5.1, 5.2, 5.3 and
5.4 of the Import Licensing Agreement; and
4. Article 11 of the Safeguards 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-
2012-0023. 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-2012-0023 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
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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-2012-0023, 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.
Bradford L. Ward,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 2012-21729 Filed 8-31-12; 8:45 am]
BILLING CODE 3290-F2-P