[Federal Register Volume 66, Number 29 (Monday, February 12, 2001)]
[Notices]
[Pages 9889-9890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3471]


-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS223]


WTO Consultations Regarding EU Tariff Rate Quota on Corn Gluten 
Feed From the United States

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that on January 25, 2001, the United States requested 
consultations with the European Union (EU) under the Marrakesh 
Agreement Establishing the World Trade Organization (WTO), regarding 
the imposition of a tariff rate quota on corn gluten feed imported from 
the United States. The United States alleges that this measure is 
inconsistent with Articles I, II, and XIX of the GATT 1994, and 
Articles 8.1, 8.2, and 8.3 of the Safeguards Agreement. Pursuant to 
Article 4.3 of the WTO Dispute Settlement Understanding (``DSU''), such 
consultations are to take place within a period of 30 days from the 
date of the request, or within a period otherwise mutually agreed 
between the United States and the EU. USTR invites written comments 
from the public concerning the issues raised in this dispute.

DATES: Although the USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before February 26, 2001, to be assured of timely 
consideration by USTR.

ADDRESSES: Submit comments to Sandy McKinzy, Monitoring and Enforcement 
Unit, Office of the General Counsel, Room 122, Office of the United 
States Trade Representative, 600 17th Street, NW., Washington, DC, 
20508, Attn. Corn Gluten TRQ Dispute, Telephone: (202) 395-3582.

FOR FURTHER INFORMATION CONTACT: Willis S. Martyn, Assistant General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC, (202) 395-3582.

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, but in an effort to provide 
additional opportunity for comment, USTR is providing notice that 
consultations have been requested pursuant to the WTO Dispute 
Settlement Understanding . 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 six to nine months after it is established.

Major Issues Raised by the United States

    On August 20, 1998, the EU published Council Regulation No. 1804/98 
of August 14, 1998, which imposed a tariff rate quota (TRQ) of 5 euros 
per metric ton (MT) on the first 2,730,000 MT of corn gluten feed 
imported into the EU from the United States. The TRQ was made 
applicable beginning on the earlier of June 1, 2001 or five days after 
the date of the WTO Dispute Settlement Body's (DSB) adoption of a 
decision that the U.S. quota on wheat gluten, applied pursuant to 
Section 201 of the Trade Act of 1974 (19 U.S.C. 2251), was 
``incompatible with the WTO Agreements.'' The EU has cited Articles 8.2 
and 8.3 of the WTO Agreement on Safeguards as authority for this 
measure. Its representatives stated that the DSB adoption of its 
recommendations and rulings in United States--Definitive Safeguard 
Measures on Imports of Wheat Gluten from the European Communities, WT/
DS166/AB/R (January 19, 2000) triggered the application of the TRQ.
    The EU provided written notification of this measure to the WTO 
Committee on Safeguards and the Council for Trade in Goods, but never 
placed the measure on the agenda of the WTO Council for Trade in Goods. 
In addition, the EU at no point consulted with the United States on how 
measures imposed by the EU might meet the requirement to maintain 
substantially equivalent levels of concessions and other obligations to 
that existing under the GATT 1994. Therefore, it appears that the corn 
gluten feed TRQ does not satisfy the requirements of Articles 8.1, 8.2, 
and 8.3 of the Safeguards Agreement for a Member to suspend concessions 
or other obligations.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in the dispute. Comments must be in 
English and provided in fifteen copies. 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 commenter. Confidential business information must be 
clearly marked ``BUSINESS CONFIDENTIAL'' in a contrasting color ink at 
the top of each page of each copy.
    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 so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
in a contrasting color ink at the top of each page of each copy; and
    (3) Is encouraged to provide a non-confidential summary of the 
information or advice.
    Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR 
will maintain a file on this dispute settlement proceeding, accessible 
to the public, in the USTR Reading Room: Room 101, Office of the United 
States Trade Representative, 600 17th Street, NW., Washington, DC 
20508. 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, the U.S. submissions to that panel, the 
submissions, or non-confidential summaries of submissions, to the panel 
received from other participants in the

[[Page 9890]]

dispute, as well as the report of the panel; and, if applicable, the 
report of the Appellate Body. An appointment to review the public file 
(Docket WTO/DS223, Corn Gluten TRQ Dispute) may be made by calling 
Brenda Webb, (202) 395-6186. The USTR Reading Room is open to the 
public from 9:30 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through 
Friday.

A. Jane Bradley,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 01-3471 Filed 2-9-01; 8:45 am]
BILLING CODE 3190-01-P