[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Notices]
[Page 3285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-938]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-94]


Request for Public Comment Concerning Proposed Determinations and 
Action Pursuant to Section 301: European Community Banana Import Regime

AGENCY: Office of the United States Trade Representative.

ACTION: Request for public comment concerning (1) whether acts, 
policies, and practices of the European Union (EU) are actionable under 
section 301 (a) or (b) of the Trade Act of 1974, as amended (Trade 
Act); and (2) if so, what action, if any, should be taken pursuant to 
section 301(c) of the Trade Act.

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SUMMARY: The USTR seeks public comment concerning upcoming 
determinations pursuant to section 304 and possible action pursuant to 
section 301 of the Trade Act with respect to the investigation of the 
EU's trade regime regarding importation of bananas.

DATES: Written comments from the public are due on or before 12 noon, 
on Friday, February 10, 1994.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT:
Edward Kaska, Director for European Services and Agriculture, (202) 
395-3320; or Irving Williamson, Deputy General Counsel, (202) 395-3432.

SUPPLEMENTARY INFORMATION: On October 17, 1994, pursuant to section 
302(a) of the Trade Act, the USTR initiated an investigation of the 
following practices of the EU: (1) Council Regulation (EEC) No. 404/93 
and related rules implementing a Community banana policy discriminating 
against U.S. banana marketing companies importing bananas from Latin 
America, including a restrictive and discriminatory licensing scheme 
designed to transfer market share to firms traditionally trading 
bananas from African, Caribbean and Pacific (ACP) sources and from EU 
overseas territories and dependencies; and (2) the March 29, 1994 
Framework Agreement on Bananas between the EU and Colombia, Costa Rica, 
Nicaragua and Venezuela (Framework Agreement). By Federal Register 
notice dated October 24, 1994 (59 FR 53495), USTR requested public 
comment on the issues raised in the petition. The comment period was 
subsequently extended by a Federal Register Notice dated November 21, 
1994 (59 FR 60026).
    Since initiation of the investigation, the USTR has conducted 
consultations and bilateral discussions with the EU concerning the 
issues in the petition. The USTR also requested the EU to delay 
implementation of the Framework Agreement because implementation would 
aggravate the harm caused by Regulation 404. These efforts have failed 
to bring about reform of the EU practices.
    Section 304(a) of the Trade Act provides that in each investigation 
initiated under section 302 of the Trade Act, the USTR must determine 
whether the act, policy or practice is actionable under section 301. 
The USTR requests comments from the public by February 10, 1995 
regarding the actionability under section 301 of the EU practices 
referred to above.
    If this determination is affirmative, the USTR must also determine 
what action would be appropriate under subsection (a) or (b) of section 
301. Actions that would be permitted in the case of a positive 
determination with respect to the EU include action to suspend, 
withdraw or prevent the application of benefits of trade agreement 
concessions to the EU; imposition of duties or other import 
restrictions on goods of the EU or fees or restrictions on services of 
the EU; and restriction or denial of service sector access 
authorizations with respect to services of the EU. The USTR requests 
comments from the public by February 10, 1995 regarding the 
appropriateness of such actions, including identification of goods or 
services of the EU to which such measures might appropriately be 
applied, as well as identification of other measures which could be 
taken with respect to trade of the EU.

Public Comment

    Comments must be filed in accordance with the requirements set 
forth in 15 CFR 2006.8(b) (55FR 20593) and must be filed by 12 noon, 
Friday, February 10, 1995. Comments must be in English and provided in 
twenty copies to: Sybia Harrison, Office of the General Counsel, Room 
223, USTR, 600 17th Street, NW, Washington, DC 20506.
    Comments will be placed in a file (Docket 301-94) open to public 
inspection in the USTR Reading Room pursuant to 15 CFR 2006.13, except 
confidential business information exempt from public inspection in 
accordance with 15 CFR 2006.15. Confidential business information 
submitted in accordance with 15 CFR 2005.15 must be clearly marked 
``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top of each 
page on each of 20 copies, and must be accompanied by a nonconfidential 
summary of the confidential information. The nonconfidential summary 
shall be placed in the file that is open to public inspection. An 
appointment to review the docket may be made by calling Brenda Webb 
(202) 395-6186. The USTR Reading Room is open to the public from 10 
a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through Friday, and is 
located in: Room 101, Office of the United States Trade Representative, 
600 17th Street, NW., Washington, DC 20506.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 95-938 Filed 1-12-95; 8:45 am]
BILLING CODE 3190-01-M