[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Notices]
[Pages 6035-6036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3230]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. NAFTA/D-2]


NAFTA Dispute Settlement Proceeding Concerning Safeguard Measures 
on Broom Corn Brooms From Mexico

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; invitation for submissions from the public.

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SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that the Free Trade Commission of the North American 
Free Trade Agreement (NAFTA), at the request of the Government of 
Mexico, has established an arbitral panel to examine the consistency 
with U.S. obligations under the NAFTA of the emergency safeguard 
measures of the United States with respect to imports of broom corn 
brooms from Mexico. USTR invites written submissions from the public 
concerning the issues raised in the dispute.

DATES: Although USTR will accept submissions from the public at any 
time during the course of the dispute settlement proceeding, any 
submission should be made on or before March 7, 1997, to be assured of 
timely consideration by USTR in preparing its first written submission 
to the panel.

ADDRESSES: Submissions should be made to Sybia Harrison, Office of the 
General Counsel, Room 222, Attn: Broom Corn Brooms Dispute, Office of 
the U.S. Trade Representative, 600 17th Street, NW., Washington, DC 
20508.

FOR FURTHER INFORMATION CONTACT: John M. Melle, Director, Mexican 
Affairs, (202) 395-3412.

SUPPLEMENTARY INFORMATION: At the request of the U.S. Cornbroom Task

[[Page 6036]]

Force, the U.S. International Trade Commission (ITC) began, on March 4, 
1996, bilateral and global safeguard investigations regarding the 
importation of broom corn brooms. USITC Inv. Nos. TA-201-65 and NAFTA 
302-1, USITC Pub. 2984 (August 1996). On July 2, 1996, the ITC made 
affirmative determinations in both cases, finding that broom corn 
brooms are being imported into the United States in such increased 
quantities as to be a substantial cause of serious injury to the 
domestic industry producing a like or directly competitive product. In 
reaching its determination, the ITC defined the domestic industry as 
consisting of facilities producing broom corn brooms, but not 
facilities producing plastic brooms. The ITC also found, pursuant to 
section 311(a) of the NAFTA Implementation Act (19 U.S.C. 3371(a)), 
that broom corn brooms produced in Mexico account for a substantial 
share of total imports and contribute importantly to the serious injury 
caused by imports.
    On November 28, 1996, the President implemented relief action under 
section 203 of the Trade Act of 1974, as amended (19 U.S.C. 2253), and 
section 312(a) of the NAFTA Implementation Act (19 U.S.C. 3372(a)). 
This action included a temporary increase in duties over the next three 
years. Additional tariffs were imposed on brooms covered under 
subheading 9603.1050 of the Harmonized Tariff Schedule of the United 
States (HTS). For HTS subheading 9603.1060, tariffs are maintained at 
pre-safeguard levels until a specified quantity of imports is exceeded 
through the use of a tariff-rate quota (TRQ). Imports above TRQ levels 
are subject to additional duties. TRQs are allocated individually for 
each substantial supplier, with a residual allocation for all other 
suppliers. Developing countries which are not substantial suppliers are 
exempt from the safeguard.
    The Government of Mexico has asked for the establishment of a panel 
under Chapter Twenty of the NAFTA to examine the consistency of the 
safeguard action--specifically, the ITC domestic industry 
determination--with the obligation of the United States under the 
NAFTA. Members of the panel are currently being selected, and the panel 
is expected to meet, as necessary, in Washington, D.C. to examine the 
dispute. The panel is expected to issue its final report detailing its 
findings and recommendations within 120 days after the last panelist is 
selected.

Requirements for Submissions From the Public

    Interested persons are invited to submit written information or 
advice concerning the issues raised in the dispute. Submissions must be 
in English and provided in fifteen copies. A submitter requesting that 
information contained in the submission 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 marked 
``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top of each 
page of each copy.
    A submitter requesting that information or advice contained in the 
submission, other than business confidential information, be treated as 
submitted in confidence in accordance with section 135(g)(2) of the 
Trade Act of 1974, as amended (19 U.S.C. 2155(g)(2))--
    (1) Must so designate that information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
in a contrasting color ink at the top of each page of each copy; and
    (3) Is encouraged to provide a non-confidential summary or the 
information of advice.
    USTR will maintain a public file on this dispute settlement 
proceeding, accessible to the public, in the USTR Reading Room: Room 
101, Office of the United States Trade Representative, 600 17th Street, 
N.W., Washington, DC 20508. The public file will include non-
confidential versions of submissions made to the dispute settlement 
panel and the final report of the dispute settlement panel. Under NAFTA 
Article 2017.4, the final report of the panel will be published 15 days 
after it is transmitted to the Free Trade Commission unless the 
Commission decides otherwise. A non-confidential version of the hearing 
transcript may be made available 15 days after the final report is 
published.
    An appointment to review the public file (Docket NAFTA/D-2, 
``Mexico-Brooms'') may be made by calling Brenda Webb, (202) 395-6186. 
The USTR Reading Room is open to the public from 9:30 a.m. to 12 noon 
and 1 p.m. to 4 p.m., Monday through Friday.
A. Jane Bradley,
Assistant U.S. Trade Representative for Monitoring and Enforcement.
[FR Doc. 97-3230 Filed 2-6-97; 8:45 am]
BILLING CODE 3190-01-M