[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Notices]
[Page 13934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7361]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/D-12]


WTO Dispute Settlement Proceeding Regarding Section 609 of Public 
Law 101-162

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 the governments of Malaysia, Thailand, Pakistan 
and India have requested the establishment of dispute settlement panels 
under the Marrakesh Agreement Establishing the World Trade Organization 
(WTO) to examine certain measures of the United States pursuant to 
Section 609 of Public Law 101-162 (Section 609). Section 609 is 
intended to promote the conservation of certain sea turtle species by 
restricting the importation of shrimp or shrimp products harvested by 
methods harmful to sea turtles.

DATES: Although USTR will accept any submissions received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before April 15, 1997 to be assured of timely 
consideration by USTR in preparing its first written submission to the 
panel.

ADDRESSES: Comments may be submitted to Ileana Falticeni, Office of 
Monitoring and Enforcement, Room 501, Attn.: Dispute Regarding U.S. Sea 
Turtle Conservation Law, Office of the United States Trade 
Representative, 600 17th Street, NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Laura Kneale Anderson, Director for 
Trade and Environment, (202) 395-9590, or William L. Busis, Associate 
General Counsel, (202) 395-3150.

SUPPLEMENTARY INFORMATION: At the meeting of the WTO Dispute Settlement 
Body (``DSB'') held on February 25, 1997, a panel was established to 
examine claims of the governments of Malaysia, Thailand and Pakistan 
with respect to U.S. sea turtle conservation measures pursuant to 
Section 609. The European Communities and the governments of Australia, 
Colombia, Guatemala, Hong Kong, India, Japan, Mexico, Nigeria, 
Singapore and Sri Lanka indicated their interest to participate in the 
dispute as third parties. Members of the panel are currently being 
selected. Under normal circumstances, panels are expected to issue 
reports detailing their findings within six to nine months after a 
panel is established.
    By letter dated February 25, 1997, the government of India 
requested the establishment of a panel to examine claims of the 
government of India with respect to U.S. sea turtle conservation 
measures pursuant to Section 609. The request of the government of 
India for the establishment of a panel is on the agenda for the next 
meeting of the DSB, scheduled for March 20, 1997.

Major Issues Raised by Malaysia, Thailand, Pakistan, and India, and 
Alleged Legal Basis of Complaint

    The government of Malaysia, Thailand, Pakistan and India have 
asserted that U.S. measures affecting the importation of shrimp 
pursuant to Section 609 are inconsistent with U.S. obligations under 
the Marrakesh Agreement Establishing the World Trade Organization, 
including the General Agreement on Tariffs and Trade 1994 (GATT). In 
particular, they assert that the U.S. measures are inconsistent with at 
least (a) GATT Article XI:1 (regarding prohibitions or restrictions on 
imports); (b) GATT Article I (regarding most-favored-nation treatment); 
and (c) GATT Article XIII:1 (regarding the non-discriminatory 
application of import restrictions or prohibitions).

Requirements for Comments

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. Comments must be in 
English and provided in fifteen copies. A person requesting that 
information contained in a comment submitted by that person 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 person requesting that information or advice contained in a 
submission by that person, other than business confidential 
information, be treated as confidential 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 of the 
information or advice.
    Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR 
will maintain a 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 a listing of any comments received 
by USTR from the public with respect to the proceeding; the U.S. 
submissions to the panel in the proceeding; and the submissions, or 
non-confidential summaries of the submissions, to the panel received 
from other parties to the dispute, as well as the report of the dispute 
settlement panel and, if applicable, the report of the Appellate Body. 
An appointment to review the file (Docket No. WTO/D-12, ``U.S. Sea 
Turtle Conservation Law'') may be made by calling Brenda Webb at (202) 
395-6186. The USTR Reading Room is open to the public from 9:30 a.m. to 
12 noon and 1:00 p.m. to 4:00 p.m., Monday through Friday.
A. Jane Bradley,
Assistant U.S. Trade Representative for Monitoring and Enforcement.
[FR Doc. 97-7361 Filed 3-21-97; 8:45 am]
BILLING CODE 3190-01-M