Federal Register: February 19, 2013 (Volume 78, Number 33)
DOCID: FR Doc 2013-03667
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
TRADE REPRESENTATIVE OFFICE OF THE UNITED STATES
FR ID: [FR Doc No: 2013-03667]
ACTION: WTO Dispute Settlement Proceedings:
DOCUMENT ACTION: Notice; request for comments.
WTO Dispute Settlement Proceedings:
DATES: Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before March 14, 2013 to assure timely consideration by USTR.
The Office of the United States Trade Representative (``USTR'') is providing notice that on January 10, 2013, the United States requested consultations with the Government of the Republic of Indonesia (``Indonesia'') under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain measures imposed by Indonesia on the importation of horticultural products, animals and animal products. That request may be found at www.wto.org, contained in a document designated as WT/DS455/1. USTR invites written comments from the public concerning the issues raised in this dispute.
Animals and Animal Products
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 a 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 the United States
On January 10, 2013, the United States requested consultations concerning certain measures imposed by Indonesia on the importation of horticultural products, animals and animal products into Indonesia. Indonesia subjects the importation of horticultural products, animals and animal products into Indonesia to nonautomatic import licenses and quotas, thereby restricting imports of goods. In particular, Indonesia imposes an import licensing regime for horticultural products and for animal and animal products pursuant to which an importer must complete multiple steps prior to importing those products into Indonesia.
The legal instruments through which Indonesia imposes and administers these measures include but are not limited to the following instruments: Law of the Republic of Indonesia Number 13 of Year 2010 Concerning Horticulture; Regulation of the Minister of Agriculture Number 60/Permentan/OT.140/9/2012; Regulation of the Minister of Trade Number 30/MDAG/PER/5/2012 Regarding Provisions on Import of Horticultural Products; Regulation of the Minister of Trade Number 60/ MDAG/PER/9/2012 Regarding Second Amendment of Regulation of the Minister of Trade Number 30/MDAG/PER/5/2012 Regarding Provisions on Import of Horticultural Products; Law of the Republic of Indonesia Number 18/2009 on Animal Husbandry and Animal Health; Regulation of the Minister of Agriculture Number 50/Permentan/OT.140/9/2011 Concerning Recommendation for Approval on Import of Carcasses, Meats, Edible Offals and/or Processed Products Thereof to Indonesian Territory; and Regulation of the Minister of Trade Number 24/MDAG/PER/9/2011 Concerning Provisions on the Import and Export of Animal and Animal Product. The legal instruments also include any amendments, related measures, or implementing measures.
These licensing regimes have significant traderestrictive effects on imports and are used to implement what appear to be WTOinconsistent measures. The multistep licensing process appears to be more administratively burdensome than absolutely necessary to administer the measure. The issuance of licenses appears to be delayed or refused by the Indonesian authorities on nontransparent grounds. The Indonesian licensing measures do not inform traders of the basis for granting licenses. The licensing regimes do not appear to be administered in a uniform, impartial and reasonable manner, because the measures are applied inconsistently and unpredictably.
Through these measures, Indonesia appears to have acted
inconsistently with its obligations under the General Agreement on
Tariffs and Trade (``GATT 1994''), the Agreement on Agriculture
(``Agriculture Agreement''), and the Agreement on Import Licensing
Procedures (``Import Licensing Agreement''). Specifically, the United
States asserts that Indonesia's measures appear to be inconsistent with
the following provisions of the GATT 1994, the Agriculture Agreement, and the Import Licensing Agreement:
1. Articles X:3(a) and XI:1 of the GATT 1994;
2. Article 4.2 of the Agriculture Agreement; and
3. Articles 1.2, 3.2 and 3.3 of the Import Licensing 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 www.regulations.gov, docket number USTR 20130002. If you are unable to provide submissions by
www.regulations.gov, please contact Sandy McKinzy at (202) 3959483 to arrange for an alternative method of transmission.
To submit comments via www.regulations.gov, enter docket number USTR20130002 on the home page and click ``search.'' The site will provide a searchresults 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 searchresults page, and click on the link entitled ``Submit a Comment'' (For further information on using the 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 www.regulations.gov Web site allows users to provide comments by filling in a ``Type Comments'' field, or by attaching a document using an ``Upload File'' field. 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 ``Type Comments'' field.
A person requesting that information, contained in a comment that he submitted, 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) 3953640. A nonconfidential summary of the confidential information must be submitted at www.regulations.gov. The nonconfidential summary will be placed in the docket and will be open to public inspection.
USTR may determine that information or advice contained in a
comment submitted, other than business confidential information, is
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 nonconfidential summary of the information or advice.
Any comment containing confidential information must be submitted by fax. A nonconfidential summary of the confidential information must be submitted at www.regulations.gov. The nonconfidential summary will be placed in the docket and will be open to public inspection.
Pursuant to section 127(e) of the Uruguay Round Agreements Act (19 U.S.C. 3537(e)), USTR will maintain a docket on this dispute settlement proceeding, docket number USTR20130002, accessible to the public at www.regulations.gov. [[Page 11727]]
The public file will include nonconfidential comments received by
USTR from the public regarding the dispute. If a dispute settlement
panel is convened, or in the event of an appeal from such a panel, the
following documents will be made available to the public at
www.ustr.gov: The United States' submissions, any nonconfidential
submissions received from other participants in the dispute, and any
nonconfidential summaries of submissions received from other
participants in the dispute. In the event that a dispute settlement
panel is convened, or in the event of an appeal from such a panel, the
report of the panel, and, if applicable, the report of the Appellate
Body, will also be available on the Web site of the World Trade
Organization at www.wto.org. Comments open to public inspection may be
viewed at www.regulations.gov. Juan Mill[aacute]n,
Assistant United States Trade Representative for Monitoring and Enforcement.
[FR Doc. 201303667 Filed 21513; 8:45 am]
BILLING CODE 3290F3P
FOR FURTHER INFORMATION CONTACT
Arthur Tsao, Assistant General
Counsel, Office of the United States Trade Representative, (202) 395 3150.