[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Notices]
[Pages 18433-18434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9152]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS381]


WTO Dispute Settlement Proceeding Regarding United States--
Measures Concerning the Importation, Marketing and Sale of Tuna and 
Tuna Products

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 March 9, 2009, Mexico requested 
the establishment of a panel under the Marrakesh Agreement Establishing 
the World Trade Organization (``WTO Agreement'') concerning U.S. 
limitations on the use of a dolphin-safe label for tuna and tuna 
products. That request may be found at http://www.wto.org contained in 
a document designated as WT/DS381/4. 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, comments should be submitted on or before May 
30, 2009 to be assured of timely consideration by USTR.

ADDRESSES: Comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2008-0038. If you are unable to 
provide submissions by http://www.regulations.gov, please contact Sandy 
McKinzy at (202) 295-9483 to arrange for an alternative method of 
transmission. If (as explained below) the comment contains confidential 
information, then the comment should be submitted only by fax to Sandy 
McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Amy Karpel, Associate General Counsel, 
Office of the United States Trade Representative, 600 17th Street, NW., 
Washington, DC, (202) 395-3150.

SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round 
Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and 
opportunity for comment be provided after the United States submits or 
receives a request for the establishment

[[Page 18434]]

of a WTO dispute settlement panel. Consistent with this obligation, 
USTR is providing notice that the establishment of a dispute settlement 
panel has been requested pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes (``DSU''). If such a 
panel is established pursuant to the DSU, such 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 Issue Raised by Mexico

    In its panel request, Mexico challenges three U.S. measures: (1) 
The Dolphin Protection Consumer Information Act (19 U.S.C. 1385); (2) 
certain dolphin-safe labeling regulations (50 CFR 216.91-92); and (3) 
the Ninth Circuit decision in Earth Island v. Hogarth, 494 F. 3d. 757 
(9th Cir. 2007), and alleges that these measures have the effect of 
prohibiting Mexican tuna and tuna products from being labeled dolphin-
safe. Specifically, Mexico alleges that its tuna and tuna products are 
accorded less favorable treatment than like products of national origin 
and like products originating in other countries and are not 
immediately and unconditionally accorded any advantage, favor, 
privilege, or immunity granted to like products in other countries. 
Mexico further alleges that the U.S. measures create unnecessary 
obstacles to trade, are not based on an existing international 
standard, and are maintained although their objectives can be addressed 
in a less trade restrictive manner. Mexico alleges that the U.S. 
measures appear to be inconsistent with the General Agreement on 
Tariffs and Trade 1994, Articles I:1 and III:4, and the Agreement on 
Technical Barriers to Trade, Articles 2.1, 2.2, 2.3 and 2.4.

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 http://www.regulations.gov docket number 
USTR-2008-0038. If you are unable to provide submission by http://www.regulations.gov, please contact Sandy McKinzy at (202) 395-9483 to 
arrange for an alternative method of transmission.
    To submit comments via http://www.regulations.gov, enter docket 
number USTR-2008-0038 on the home page and click ``go''. 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 ``Send a Comment or Submission.'' (For 
further information on using the http://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 http://www.regulations.gov site provides the option of providing comments by 
filling in a ``General Comments'' field, or by attaching a document. 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 ``General Comments'' field.
    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 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 only by 
fax to Sandy McKinzy at (202) 395-3640. A non-confidential summary of 
the confidential information must be submitted to http://www.regulations.gov. The non-confidential summary will be placed in the 
docket and open to public inspection.
    Information or advice contained in a comment submitted, other than 
business confidential information, may be determined by USTR to be 
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 information submitted in confidence must 
be submitted only by fax to Sandy McKinzy at (202) 395-3640. A non-
confidential summary of the confidential information must be submitted 
to http://www.regulations.gov. The non-confidential summary will be 
placed in the docket and open to public inspection.
    USTR will maintain a docket on this dispute settlement proceeding, 
accessible to the public. The public file will include non-confidential 
comments received by USTR from the public with respect to the dispute; 
if a dispute settlement panel is convened or in the event of an appeal 
from such a panel, the U.S. submissions, any non-confidential 
submissions, or non-confidential summaries of submissions, received 
from other participants in the dispute; the report of the panel; and, 
if applicable, the report of the Appellate Body.
    Comments will be placed in the docket and open to public inspection 
pursuant to 15 CFR 2006.13, except confidential business information 
exempt from public inspection in accordance with 15 CFR 2006.15 or 
information determined by USTR to be confidential in accordance with 19 
U.S.C. 2155(g)(2). Comments may be viewed on the http://www.regulations.gov Web site by entering docket number USTR-2008-0038 
in the search field on the home page.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. E9-9152 Filed 4-21-09; 8:45 am]
BILLING CODE 3190-W9-P