[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Pages 24059-24061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12004]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS384 and WTO/DS386]


WTO Dispute Settlement Proceeding Regarding United States--
Certain Country of Origin Labeling Requirements

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 United States received 
additional requests for consultations under the Marrakesh Agreement 
Establishing the World Trade Organization (``WTO Agreement'') 
concerning certain mandatory country of origin labeling (COOL) 
requirements from Canada and Mexico in separate letters dated May 7, 
2009. Those requests may be found at http://www.wto.org contained in 
documents designated as WT/DS384/1/Add.1 for Canada and WT/DS386/1/
Add.1 for Mexico. USTR invites written comments from the public 
concerning the issues raised in these disputes.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before July 1, 2009, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2009-0004. 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. 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: Priti Seksaria Agrawal, Associate 
General 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

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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 Canada

    On December 1, 2008, Canada requested consultations regarding U.S. 
mandatory COOL, and consultations were held on December 16, 2008. In 
its December 1, 2008 consultations request, Canada challenged the COOL 
provisions in the Agricultural Marketing Act of 1946, as amended by the 
Food, Conservation, and Energy Act, 2008 (2008 Farm Bill), and 
implemented in the U.S. Department of Agriculture (``USDA'') Interim 
Final Rule published on August 1, 2008. In Canada's May 7, 2009 letter 
requesting further consultations, Canada noted that the Interim Final 
Rule had been replaced by a USDA Final Rule published on January 15, 
2009, and that on February 20, 2009, the Secretary of Agriculture 
issued a letter regarding implementation of the Final Rule.
    Canada alleges that the U.S. measures appear to be inconsistent 
with the General Agreement on Tariffs and Trade 1994 (``GATT 1994''), 
Articles III:4, IX:2, IX:4, and X:3, the Agreement on Technical 
Barriers to Trade (``TBT Agreement''), Article 2 or in the alternative, 
the Agreement on the Application of Sanitary and Phytosanitary Measures 
(``SPS Agreement''), Articles 2, 5, and 7, and the Agreement on Rules 
of Origin, Article 2. Additionally, Canada alleges these violations 
nullify or impair the benefits accruing to Canada under those 
Agreements and further appear to nullify or impair the benefits 
accruing to Canada in the sense of GATT 1994, Article XXIII:1(b).

Major Issues Raised by Mexico

    On December 17, 2008, Mexico requested consultations regarding U.S. 
mandatory COOL, and consultations were held on February 27, 2009. In 
its December 17, 2008 consultations request, Mexico challenged the COOL 
provisions in the Agricultural Marketing Act of 1946, as amended by the 
Farm, Security, and Rural Investment Act of 2002 and the Food, 
Conservation, and Energy Act, 2008, and implemented by the regulations 
published in 7 CFR parts 60 and 65. In Mexico's May 7, 2009 letter 
requesting further consultations, it explained that this request 
concerns related measures and amendments adopted by the United States 
after Mexico's initial request for consultations, including USDA's 
Final Rule on COOL published on January 15, 2009 and the Secretary of 
Agriculture's letter on COOL dated February 20, 2009.
    Mexico alleges that the U.S. measures appear to be inconsistent 
with the GATT 1994, Articles III, IX, and X, the TBT Agreement, Article 
2 and 12 or in the alternative, the SPS Agreement, Articles 2, 5, and 
7, and the Agreement on Rules of Origin, Article 2. Additionally, 
Mexico alleges these violations nullify or impair the benefits accruing 
to Mexico under those Agreements and further appear to nullify or 
impair the benefits accruing to Mexico in the sense of GATT 1994, 
Article XXIII:1(b).

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-2009-0004. 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-2009-0004 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 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 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 or by fax. 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 open to

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public inspection may be viewed on the http://www.regulations.gov Web 
site.

Daniel Brinza,
Assistant United States Trade Representative, for Monitoring and 
Enforcement.
[FR Doc. E9-12004 Filed 5-21-09; 8:45 am]
BILLING CODE 3190-W9-P