[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Notices]
[Pages 32682-32684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16061]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS392/2]


WTO Dispute Settlement Proceeding Regarding United States--
Certain Measures Affecting Imports of Poultry From China

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 June 23, 2009, the People's 
Republic of China (``China'') requested the establishment of a panel 
under the Marrakesh

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Agreement Establishing the World Trade Organization (``WTO Agreement'') 
with respect to certain measures affecting the import of poultry 
products from China into the United States. That request may be found 
at http://www.wto.org contained in a document designated as WT/DS392/2. 
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 September 15 to be assured of timely 
consideration by USTR.

ADDRESSES: Public comments should be submitted electronically to http://www.regulations.gov, docket number USTR-2009-0014. 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: David Yocis, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508, (202) 395-9663.

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 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 Issues Raised by China

    In its request for the establishment of a panel, China challenges 
section 727 of division A of the Omnibus Appropriations Act, 2009 (Pub. 
L. 111-8), which prohibits the use of funds appropriated under that Act 
from being used to establish or implement a rule allowing poultry 
products to be imported into the United States from China. According to 
China, section 727 effectively prohibits the U.S. Department of 
Agriculture from establishing or implementing measures allowing for the 
importation from China of poultry products or taking actions to expand 
the class of poultry products from China eligible for import into the 
United States. China alleges that the United States thus imposes a 
moratorium on the consideration, approval, and implementation of 
actions that would be necessary under U.S. law for China to export 
poultry products to the United States. China claims that these measures 
amount to a quantitative restriction in breach of Article XI:1 of the 
General Agreement on Tariffs and Trade 1994 (``GATT 1994'') and Article 
4.2 of the Agreement on Agriculture. In addition, China alleges that by 
imposing this restriction with respect to imports from China, but not 
those of other WTO Members, the United States acts inconsistently with 
Article I:1 of the GATT 1994. Finally, China claims that, to the extent 
that some or all of these U.S. measures are sanitary or phytosanitary 
measures within the meaning of the Agreement on the Application of 
Sanitary and Phytosanitary Measures, they are inconsistent with 
Articles 2.1-2.3, 3.1, 3.3, 5.1-5.7, and 8 of that agreement.

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-2009-0014. 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-2009-0014 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. 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.

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    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 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. E9-16061 Filed 7-7-09; 8:45 am]
BILLING CODE 3190-W9-P