4826 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Notices

Bureau of Oceans and International

Environmental and Scientific Affairs

[Public Notice 2498]

Shrimp Import Certifications Pursuant

to Section 609 of Public Law 101–162

January 21, 1997.

SUMMARY: On April 30, 1995, the

Department of State certified, pursuant

to section 609 of Public Law 101–162,

that 36 countries with commercial

shrimp trawl fisheries have adopted

programs to reduce the incidental

capture of sea turtles in such fisheries

comparable to the program in effect in

the United States and have an incidental

take rate comparable to that of the

United States, or that the fishing

environment in the countries does not

pose a threat of the incidental taking of

species of sea turtles protected under

U.S. law and regulations. The

Department also certified Honduras on

August 1, 1996 and Thailand on

November 8, 1996. The Department was

unable to issue certification on April 30

for China or Nigeria and, as a result,

imports of shrimp harvested in China

and Nigeria in a manner harmful to sea

turtles were prohibited effective May 1,

1996. The Department of State

subsequently issued certifications for

China on December 23, 1996, and for

Nigeria on January 1, 1997, and, as a

result, the ban on shrimp imports from

those two countries that had been in

effect since May 1, 1996, was lifted.

EFFECTIVE DATE: January 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Hollis Summers, Office of Marine

Conservation, Bureau of Oceans and

International Environmental and

Scientific Affairs, Department of State,

Washington, DC 20520–7818; telephone:

(202) 647–3940.

SUPPLEMENTARY INFORMATION: Section

609 of Public Law 101–162 prohibits

imports of shrimp unless the President

certifies to the Congress not later than

May 1 of each year either: (1) That the

harvesting nation has adopted a

program governing the incidental

capture of sea turtles in its commercial

shrimp fishery comparable to the

program in effect in the United States

and has an incidental take rate

comparable to that of the United States;

or (2) that the fishing environment in

the harvesting nation does not pose a

threat of the incidental taking of sea

turtles. The President has delegated the

authority to make this certification to

the Department of State. Revised State

Department guidelines for making the

required certifications were published

in the Federal Register on April 19,

1996 (61 FR 17342).

On April 30, 1996, the Department of

State certified that 36 shrimp harvesting

nations have met, for the current year,

the requirements of the law. The

Department also certified Honduras on

August 1, 1996 and Thailand on

November 8, 1996. The Department of

State was unable to certify China or

Nigeria at that time. As a result, imports

of shrimp from those countries that

were harvested in ways harmful to sea

turtles were prohibited pursuant to

Public Law 101–162 effective May 1,

1996.

The Department did not previously

certify China because the Chinese

government had not required all

commercial shrimp trawl vessels subject

to its jurisdiction that operated in

waters where there is a likelihood of

intercepting sea turtles to use fishing

gear that is not harmful to sea turtles at

all times. The Department of State has

determined that China has now

instituted such a requirement, based on

documentation that China has provided

which includes their law requiring the

use of turtle excluder devices on gear

which poses a threat of incidental

capture of sea turtles. The Department

of State, therefore, was able to certify to

Congress that China has met the

standards of Section 609 of Public Law

101–162.

The Department did not previously

certify Nigeria because it had not

demonstrated that its sea turtle

protection program was comparable to

that of the United States, or that its

specific fishing environment did not

pose a threat to sea turtles. The

Government of Nigeria has now

provided documentary evidence of the

adoption of a sea turtle protection

program comparable to the program in

the United States. On October 21, 1996

Nigeria’s Ministry of Fisheries

published a regulation requiring all

shrimp trawl vessels operating in

Nigerian waters to install sea turtle

excluder devices on shrimp nets not

later than December 31, 1996. The

Department has verified that Nigeria’s

shrimp boats have TEDs in their nets

and that Nigeria is pursuing effective

enforcement of its TEDs regulation. The

Department of State, therefore, was able

to certify to Congress that Nigeria has

met the standards of section 609 of

Public Law 101–162.

In a related matter, the Department’s

Form DSP–121, ‘‘Shrimp Exporter’s/

Importer’s Declaration,’’ has been issued

an extended approval from the Office of

Management and Budget. The form has

been approved in its current version

until September 31, 1999. Respondents

are required to complete the form when

exporting shrimp and shrimp products

to the United States under Sec. 609, and

should begin using the form with the

current approval and new expiration

date immediately. Forms with the

previous approval expiring July 31,

1996, should not be used after May 1,

1997. The approval expiration date is

shown on the form in the upper right

hand corner of the first page.

Respondents should also note that

exemption 7(A)(2) ‘‘Harvested using

TEDs’’ is no longer valid and may not

be used for export of shrimp and shrimp

products to the United States under the

requirements of Section 609. Copies of

the form are available from the

Department at the number above, or

from any U.S. Embassy.

Dated: January 21, 1997.

R. Tucker Scully,

Acting Deputy Assistant Secretary For

Oceans.

[FR Doc. 97–2369 Filed 1–30–97; 8:45 am]

BILLING CODE 4710–09–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

[Docket No. WTO/D–13]

WTO Dispute Proceeding Regarding

Argentina’s Specific Duties on

Textiles, Apparel and Footwear and

Three Percent Ad Valorem Statistical

Tax on Imports

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice; request for written

comments.

SUMMARY: Pursuant to section 127(b)(1)

of the Uruguay Round Agreements Act

(URAA) (19 U.S.C. 3537(b)(1)), the

Office of the United States Trade

Representative (USTR) is providing

notice that the United States has

requested the establishment of a dispute

settlement panel under the Agreement

Establishing the World Trade

Organization (WTO) to examine certain

acts, policies and practices of the

Government of Argentina concerning

the imposition of (1) specific duties on

textiles, apparel and footwear above the

35 percent ad valorem rate to which

Argentina is bound under the General

Agreement on Tariffs and Trade 1994

(‘‘GATT 1994’’); and (2) a statistical tax

of 3 percent ad valorem on imports from

sources other than MERCOSUR

countries. The United States alleges that

these acts, policies and practices are

inconsistent with certain provisions of

GATT 1994, the Agreement on

Implementation of Article VII of the

GATT 1994 and the Agreement on

Textiles and Clothing. USTR invites