Federal Register: February 17, 2009 (Volume 74, Number 30)
DOCID: fr17fe09-159 FR Doc E9-3291
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Trade Representative, Office of United States
Docket ID: [Docket No. WTO/DS384 and WTO/DS386]
NOTICE: NOTICES
DOCID: fr17fe09-159
DOCUMENT ACTION: Notice; request for comments.
SUBJECT CATEGORY:
AGENCY: Office of the United States Trade Representative.
DATES: Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before March 13, 2009 to be assured of timely consideration by USTR.
DOCUMENT SUMMARY:
The Office of the United States Trade Representative (``USTR'') is providing notice that the United States received 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 in a letter dated December 1, 2008 and from Mexico in a letter dated December 17, 2008. Those requests may be found at http://www.wto.org contained in documents designated as WT/DS384/1 for Canada and WT/DS386/1 for Mexico. USTR invites written comments from the public concerning the issues raised in these disputes.
SUMMARY:
WTO Dispute Settlement Proceeding Regarding United States––Certain Country of Origin Labeling Requirements
SUPPLEMENTAL 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 Canada
On December 1, 2008, Canada requested consultations regarding U.S. mandatory COOL. Canada challenges 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 Interim Final Rule published on August 1, 2008. These measures contain an obligation to inform consumers at the retail level of the country of origin of covered commodities, including beef and pork. Canada notes that the eligibility of a covered commodity for designation as exclusively U.S. origin occurs only when the covered commodity is derived from an animal that is exclusively born, raised, and slaughtered in the United States. It further notes that such a designation of U.S. origin excludes covered commodities from livestock that is exported to the United States for feed or immediate slaughter.
Canada alleges that the U.S. measures appear to be inconsistent with the
[[Page 7498]]
General Agreement on Tariffs and Trade 1994 (GATT 1994), Articles
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) 3959439.