[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Notices]
[Pages 27614-27615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11614]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2010-0013]


WTO Dispute Settlement Proceeding Regarding United States--
Measures Affecting the Production and Sale of Clove Cigarettes

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 April 8, 2010, the United States 
received from Indonesia a letter requesting consultations under the 
Marrakesh Agreement Establishing the World Trade Organization (``WTO 
Agreement'') regarding a provision of the Family Smoking Prevention and 
Tobacco Control Act (Pub. L. 111-31) that prohibits the production or 
sale in the United States of cigarettes containing certain additives, 
including clove. This

[[Page 27615]]

request may be found at http://www.wto.org in a document designated as 
WT/DS406/1. 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 settlement proceedings, comments should be 
submitted on or before June 16, 2010 to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2010-0013. If you are unable 
to provide submissions to http://www.regulations.gov, please contact 
Sandy McKinzy at (202) 395-9483 to arrange for an alternative method of 
transmission. If (as explained below), the comment contains 
confidential information, then the comment should be submitted by fax 
only to Sandy McKinzy at (202) 395-3640.

FOR FURTHER INFORMATION CONTACT: Richard Chriss, Chief Agriculture 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-3150.

SUPPLEMENTARY INFORMATION: USTR is providing notice that consultations 
have been requested pursuant to the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes (``DSU''). If such 
consultations should fail to resolve the matter and a dispute 
settlement 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 Issues Raised by Indonesia

    On April 8, 2010, USTR received a letter from Indonesia requesting 
consultations regarding a provision of the Family Smoking Prevention 
and Tobacco Control Act (Pub. L. 111-31) (the ``Act''), which was 
signed into law June 22, 2009. Indonesia alleges that, among other 
things, the Act bans the production or sale in the United States of 
cigarettes containing certain additives, including clove, but would 
continue to permit the production and sale of other cigarettes, 
including cigarettes containing menthol, beginning 90 days after the 
legislation was signed into law. Indonesia appears to allege that this 
provision of the Act are inconsistent with the General Agreement on 
Tariffs and Trade 1994, Articles III:4 and XX; the Agreement on the 
Application of Sanitary and Phytosanitary Measures, Articles 2, 3, 5 
and 7; and the Agreement on Technical Barriers to Trade, Articles 2 and 
12.

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-2010-0013. If you are unable to provide submissions 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-2010-0013 on the home page and click ``search''. 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 ``Submit a Comment.'' (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 filing in a ``Type Comment and Upload File'' 
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 necessary and sufficient to type ``See attached'' in the ``Type 
Comment and Upload File'' field.
    A person requesting that information contained in a document 
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 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, must 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 confidential information must be submitted 
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, will be made available to the 
public on USTR's Web site at http://www.ustr.gov, and the report of the 
panel, and, if applicable, the report of the Appellate Body, will be 
available on the Web site of the World Trade Organization, http://www.wto.org.
    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 19 U.S.C. 2155(g)(2). 
Comments open to public inspection may be viewed on the http://www.regulations.gov Web site.

Steven F. Fabry,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 2010-11614 Filed 5-14-10; 8:45 am]
BILLING CODE 3190-WO-P