48808 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 

Dated: September 18, 2009. 

Carolyn Hum, 

Administrative Officer. 

[FR Doc. E9–23023 Filed 9–23–09; 8:45 am] 

BILLING CODE 8040–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. USTR–2009–0022] 

Implementation of the U.S.-EC Beef 

Hormones Memorandum of 

Understanding 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice and action. 

SUMMARY: On May 13, 2009, the United 

States and the European Communities 

(‘‘EC’’) announced the signing of a 

Memorandum of Understanding (MOU) 

in the Beef Hormones dispute. Under 

the first phase of the agreement, the EC 

is obligated to open a new beef tariffrate quota (TRQ) in the amount of 

20,000 metric tons at zero rate of duty. 

The United States in turn is obligated 

not to increase additional duties above 

those in effect as of March 23, 2009. The 

EC established the new beef TRQ on 

August 1, 2009. The Office of the United 

States Trade Representative (USTR) is 

providing notice that the Trade 

Representative is terminating additional 

duties that were announced in January 

2009, but which have been delayed up 

to now and have never entered into 

force. This action leaves in place the 

additional duties that have been in 

effect since March 23, 2009 on a 

reduced list of products. (For ease of 

reference, the reduced list is reprinted 

in the annex to this notice.) By taking 

this action, the Trade Representative has 

completed the process necessary to 

implement U.S. obligations under the 

first phase of the MOU and to pursue 

additional market access under 

subsequent phases of the MOU. 

DATES: Effective Date: Additional duties 

in connection with the Beef Hormones 

dispute had been scheduled to be 

effective with respect to products that 

are entered, or withdrawn from 

warehouse, for consumption on or after 

September 19, 2009. Effective 

September 19, 2009, those additional 

duties are terminated. This action leaves 

in place the 100 percent ad valorem 

duties that have been in effect since 

March 23, 2009 on a reduced list of 

products. 

FOR FURTHER INFORMATION CONTACT: 

Roger Wentzel, Director, Agricultural 

Affairs, (202) 395–6127 or David 

Weiner, Director for the European 

Union, (202) 395–4620 for questions 

concerning the EC-Beef Hormones 

dispute or the MOU; or William Busis, 

Associate General Counsel and Chair of 

the Section 301 Committee, (202) 395– 

3150, for questions concerning 

procedures under Section 301. 

Questions concerning customs matters 

may be directed to Renee Chovanec, 

International Coordination, Office of 

International Trade, U.S. Customs and 

Border Protection, 202–863–6384. 

SUPPLEMENTARY INFORMATION: 

A. Background 

In a notice published on January 23, 

2009, the Trade Representative 

determined to modify the action taken 

in July 1999 in connection with the 

World Trade Organization (‘‘WTO’’) 

authorization of the United States in the 

EC-Beef Hormones dispute to suspend 

concessions and related obligations with 

respect to the European Communities 

(‘‘EC’’). See 74 FR 4265 (Jan. 23, 2009) 

(hereinafter referred to as the January 

2009 action). The January 2009 action 

initially had an effective date of March 

23, 2009. The Trade Representative 

subsequently delayed the effective date 

of the additional duties imposed under 

the January 2009 action to April 23, 

2009; to May 9, 2009; to August 15, 

2009, and then to September 19, 2009. 

See 74 FR 11613 (March 18, 2009); 74 

FR 12402 (March 24, 2009); 74 FR 19263 

(April 28, 2009); 74 FR 22626 (May 13, 

2009); 74 FR 40864 (August 13, 2009). 

The effective date of the removal of 

duties under the January 2009 action 

remained March 23, 2009. As a result, 

a reduced list of products subject to 

additional duties (at a rate of 100 

percent ad valorem) has been in place 

since March 23, 2009. These are 

products that had been covered by the 

1999 action, but that had not been 

removed from the list under the January 

2009 action. This reduced list is set out 

in the Annex to this notice. 

Under the first phase of the MOU, 

which concludes on August 3, 2012, the 

United States maintains the right to 

impose the additional duties on this 

reduced list of products, and is 

obligated not to raise the level of duties 

on these products or to impose 

additional duties on any other products 

in connection with the EC-Beef 

Hormones WTO dispute. 

Under a possible second phase of the 

MOU, the EC would expand the beef 

TRQ to 45,000 metric tons, and the 

United States would suspend all of the 

additional duties imposed in connection 

with the EC-Beef Hormones WTO 

dispute. 

For additional background concerning 

the EC-Beef Hormones WTO dispute; 

the January 2009 action; and the prior 

delays in the effective date of the new 

duties under the January 2009 action, 

see 73 FR 66066 (Nov. 6, 2008); 74 FR 

4265 (Jan. 23, 2009), 74 FR 11613 

(March 18, 2009), 74 FR 12402 (March 

24, 2009), 74 FR 19263 (April 28, 2009), 

74 FR 22626 (May 13, 2009), and 74 FR 

40864 (August 13, 2009). Further 

information on the May 13, 2009 U.S.- 

EC MOU may be found on USTR’s Web 

site, http://www.ustr.gov. 

In a notice published on August 13, 

2009, the Section 301 Committee 

invited public comment on the action to 

be taken to implement U.S. obligations 

under the first phase of the MOU and to 

pursue additional market access under 

subsequent phases of the MOU. The 

notice included the list of products that 

have been subject to additional duties 

since March 23, 2009, and sought 

comments with regard to maintaining 

the 100 percent duties on those 

products throughout the remainder of 

the first phase of the MOU. See 74 FR 

40864 (August 13, 2009). The comments 

submitted in response to the August 

notice may be viewed on the http:// 

www.regulations.gov Web site under 

docket number USTR–2009–0022. 

Taking account of the comments 

submitted in response to the notice, the 

Section 301 Committee recommended 

that the Trade Representative should 

terminate the additional duties under 

the January 2009 action that have been 

delayed up until September 19, 2009, 

and should leave in place the reduced 

list of products subject to 100 percent 

ad valorem duties that has been in effect 

since March 23, 2009. The Trade Policy 

Staff Committee (TPSC) has adopted the 

recommendation of the Section 301 

Committee. 

B. Determinations To Implement U.S.- 

EC Beef Hormones MOU 

1. Determination Under Section 307(a) 

Section 307(a) of the Trade Act of 

1974, as amended, (‘‘Trade Act’’) 

provides that ‘‘The Trade Representative 

may modify or terminate any action 

* * * that is being taken under section 

[301] if * * * (B) the burden or 

restriction on United States commerce 

of the denial of rights, or of the acts, 

policies, and practices, that are the 

subject of such action has increased or 

decreased.’’ By establishing a 20,000 

metric ton high-quality beef TRQ, the 

EC has decreased the burden or 

restriction on U.S. commerce. 

The January 2009 action: (1) Removed 

some products from the list of products 

that had been subject to 100 percent ad 

valorem duties since 1999; (2) imposed 

100 percent ad valorem duties on 


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Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48809 

certain new products from certain EC 

member States; (3) modified the 

coverage with respect to particular EC 

member States; and (4) raised the level 

of duties on one of the products (tariff 

subheading 9903.02.30) on the original 

1999 list. The March 23, 2009 effective 

date of the imposition of new duties 

(items 2–4 above) was repeatedly 

delayed, and those duties have never 

entered into force. 

In light of the decreased burden or 

restriction on U.S. commerce resulting 

from the EC’s establishment of the highquality beef TRQ, and in accordance 

with the recommendation of the TPSC, 

the Trade Representative has 

determined under section 307(a) of the 

Trade Act to modify the January 2009 

action by terminating the new duties 

(items 2–4 above) under the January 

2009 action. The Trade Representative 

has determined to leave in place the 100 

percent ad valorem duties on the 

attached list of products that have been 

subject to such duties since March 23, 

2009. This action under section 307(a) 

implements U.S. obligations under the 

first phase of the MOU, while 

maintaining additional duties that have 

applied since March 23, 2009 in order 

to pursue additional market access 

under subsequent phases of the MOU. 

2. Determination Under Section 

306(b)(2)(B) 

Section 306(b)(2)(B) of the Trade Act 

provides for the periodic review and 

revision of section 301 actions taken in 

connection with WTO dispute 

settlement proceedings. Section 

306(b)(2)(B)(ii)(II) provides an exception 

in the event that the Trade 

Representative and the affected U.S. 

industry agree that changing the action 

under section 301 is unnecessary. 

Industry associations representing the 

U.S. beef-producing industry have 

informed the Trade Representative that 

they believe it is unnecessary for USTR 

to revise the retaliation list in the Beef 

Hormones dispute while the MOU, 

which provides additional market 

access for U.S. beef producers, is in 

effect. Pursuant to section 

306(b)(2)(B)(ii)(II) of the Trade Act of 

1974, the Trade Representative has 

determined to agree with the affected 

U.S. industry that it is unnecessary to 

revise the retaliation list established 

pursuant to the above action under 

Section 307(a) while the EC is providing 

the additional market access in 

accordance with the MOU. 

3. Section 306 Monitoring 

Pursuant to Section 306 of the Trade 

Act, the Trade Representative will 

continue to monitor the EC’s 

implementation of the MOU. 

C. The Trade Representative’s Action 

and the HTS 

In July 1999, pursuant to a WTO 

authorization, the Trade Representative 

imposed 100 percent ad valorem rates of 

duty on a list of EC products. The 1999 

action was reflected in subheadings 

9903.02.21 through 9903.02.47 of the 

Harmonized Tariff Schedule of the 

United States (HTS), effective July 29, 

1999. See 64 FR 40638 (July 27, 1999). 

As noted, the January 2009 action: (1) 

Removed some products from the list of 

products that had been subject to 100 

percent ad valorem duties under the 

1999 action; (2) imposed 100 percent ad 

valorem duties on certain new products 

from certain EC member States; (3) 

modified the coverage with respect to 

particular EC member States; and (4) 

raised the level of duties on one of the 

products (tariff subheading 9903.02.30) 

covered by the 1999 action. See 74 FR 

4265 (Jan. 23, 2009). The January 2009 

action left in place 100 percent ad 

valorem rates of duty on some of the 

products covered by the 1999 action. 

When the original March 23, 2009 

effective date of the new duties under 

the January 2009 action was delayed, 

the annex reflecting the January 2009 

action in the HTS was replaced by 

annexes to a notice published at 74 FR 

12402 (March 24, 2009). 

Annex I of the notice published at 74 

FR 12402 (March 24, 2009) reflected the 

removal under the January 2009 action 

(item (1) above) of certain products from 

the list covered by the 1999 action, 

effective March 23, 2009. In particular, 

the following HTS subheadings were 

deleted from the HTS as of March 23, 

2009: 9903.02.31, 9903.02.33, 

9903.02.35, 03.02.37, 9903.02.38, 

9903.02.39, 9903.02.40, 9903.02.41, 

9903.02.42, and 9903.02.47. Also, 

because the scope of HTS subheading 

9903.02.36 was reduced from fourteen 

EC member States to two EC member 

States, HTS subheading 9903.02.36 was 

deleted and replaced by HTS 

subheading 9903.02.83. 

Annex II of the notice published at 74 

FR 12402 (March 24, 2009) reflected the 

new duties (items 2–4 above) under the 

January 2009 action. The effective date 

of Annex II has been repeatedly 

delayed, and Annex II has never entered 

into force. In accordance with the Trade 

Representative’s determination to 

terminate the new duties (items 2–4 

above) under the January 2009 action, 

Annex II of the notice published at 74 

FR 12402 (March 24, 2009) is hereby 

deleted. 

As a result of the March 23, 2009 

removal of certain products from the list 

covered by the 1999 action, a reduced 

list of products subject to additional 

duties has remained in effect since 

March 23, 2009. As noted, the Trade 

Representative has determined to leave 

in effect this reduced list of products 

subject to additional duties. Because 

this list has been in effect since March 

23, 2009, no changes to the HTS are 

required to reflect the Trade 

Representative’s determination under 

section 307(a) of the Trade Act. 

However, for ease of reference, the HTS 

subheadings for the list of products that 

continue to be subject to 100 percent ad 

valorem duties in connection with the 

EC–Beef Hormones dispute are 

reproduced in the Annex to this notice. 

Merchandise covered by the Annex that 

is admitted to a U.S. foreign trade zone 

must continue to be admitted in 

‘‘privileged foreign status,’’ as defined 

in 19 CFR 146.41. 

William Busis, 

Chair, Section 301 Committee. 

BILLING CODE 3190–W9–P 


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Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48811 

[FR Doc. E9–23000 Filed 9–23–09; 8:45 am] 

BILLING CODE 3190–W9–C 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Request for Public Comments To 

Compile the National Trade Estimate 

Report on Foreign Trade Barriers and 

Reports on Sanitary and Phytosanitary 

and Standards-Related Foreign Trade 

Barriers 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice. 

SUMMARY: Pursuant to section 181 of the 

Trade Act of 1974, as amended (19 

U.S.C. 2241), the Office of the United 

States Trade Representative (USTR) is 

required to publish annually the 

National Trade Estimate Report on 

Foreign Trade Barriers (NTE). With this 

notice, the Trade Policy Staff Committee 

(TPSC) is requesting interested persons 

to submit comments to assist it in 

identifying significant barriers to U.S. 

exports of goods, services, and U.S. 

foreign direct investment for inclusion 

in the NTE. 

For the first time this year, the TPSC 

is requesting that comments on 

standards-related measures and sanitary 

and phytosanitary (SPS) measures that 

create barriers to U.S. exports be 

submitted separately from other NTE 

comments. This will assist USTR in 

preparing two new annual reports 

starting in 2010 highlighting SPS and 

standards-related measures that may be 

inconsistent with international trade 

agreements to which the United States 

is a party or that otherwise act as 

significant barriers to U.S. exports. 

The TPSC invites written comments 

from the public on issues that USTR 

should examine in preparing the NTE 

and the new reports on SPS and 

standards-related measures. Please note 

that requirements for submitting 

comments, as set forth below, are 

different from those in the previous 

years. 

DATES: Public comments are due not 

later than: 

November 4, 2009 for comments 

concerning SPS or standards-related 

measures; and 

November 18, 2009 for comments 

concerning all other measures. 

ADDRESSES: Submissions should be 

made via the Internet at 

www.regulations.gov under the 

following dockets (based on the subject 

matter of the submission): 

SPS Measures: USTR–2009–0031. 

Standards-Related Measures: USTR– 

2009–0032. 

All Other Measures: USTR–2009– 

0033. 

For alternatives to on-line 

submissions please contact Gloria Blue, 

Executive Secretary, Trade Policy Staff 

Committee, USTR (202–395–3475). The 

public is strongly encouraged to file 

submissions electronically rather than 

by facsimile or mail. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding the NTE or on 

submitting comments in response to this 

notice should be directed to Gloria Blue 

at (202) 395–3475. Questions regarding 

the SPS report or substantive questions 

concerning comments on SPS measures 

should be directed to Jane Doherty, 

Director of Sanitary and Phytosanitary 

Affairs, USTR (202–395–6127). 

Questions regarding the report on 

standards-related measures or 

substantive questions concerning 

comments on those measures should be 

directed to Jeff Weiss, Senior Director, 

Technical Barriers to Trade, USTR (202– 

395–4498). 

SUPPLEMENTARY INFORMATION: The NTE 

sets out an inventory of the most 

important foreign barriers affecting U.S. 

exports of goods and services, U.S. 

foreign direct investment, and 

protection of intellectual property 

rights. The inventory facilitates U.S. 

negotiations aimed at reducing or 

eliminating these barriers. The report 

also provides a valuable tool in 

enforcing U.S. trade laws and 

strengthening the rules-based trading 

system. The 2009 NTE may be found on 

USTR’s Internet Home Page (http:// 

www.ustr.gov) under the tab ‘‘Reports.’’ 

The Administration has recently 

announced new initiatives to direct 

Executive Branch trade priorities to 

barriers of greatest significance for U.S. 

exports, investment, and intellectual 

property rights. To ensure compliance 

with the NTE’s statutory mandate and 

the Obama Administration’s 


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