Request for Public Comment Concerning Proposed Determinations and Action Pursuant to Section 301: European Community Banana Import Regime

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-94]

Request for Public Comment Concerning Proposed Determinations and

Action Pursuant to Section 301: European Community Banana Import Regime

AGENCY: Office of the United States Trade Representative.

ACTION: Request for public comment concerning (1) whether acts,

policies, and practices of the European Union (EU) are actionable under

section 301 (a) or (b) of the Trade Act of 1974, as amended (Trade

Act); and (2) if so, what action, if any, should be taken pursuant to

section 301(c) of the Trade Act.

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SUMMARY: The USTR seeks public comment concerning upcoming

determinations pursuant to section 304 and possible action pursuant to

section 301 of the Trade Act with respect to the investigation of the

EU's trade regime regarding importation of bananas.

DATES: Written comments from the public are due on or before 12 noon,

on Friday, February 10, 1994.

ADDRESSES: Office of the United States Trade Representative, 600 17th

Street, NW., Washington, DC 20506.

FOR FURTHER INFORMATION CONTACT:

Edward Kaska, Director for European Services and Agriculture, (202)

395-3320; or Irving Williamson, Deputy General Counsel, (202) 395-3432.

SUPPLEMENTARY INFORMATION: On October 17, 1994, pursuant to section

302(a) of the Trade Act, the USTR initiated an investigation of the

following practices of the EU: (1) Council Regulation (EEC) No. 404/93

and related rules implementing a Community banana policy discriminating

against U.S. banana marketing companies importing bananas from Latin

America, including a restrictive and discriminatory licensing scheme

designed to transfer market share to firms traditionally trading

bananas from African, Caribbean and Pacific (ACP) sources and from EU

overseas territories and dependencies; and (2) the March 29, 1994

Framework Agreement on Bananas between the EU and Colombia, Costa Rica,

Nicaragua and Venezuela (Framework Agreement). By Federal Register

notice dated October 24, 1994 (59 FR 53495), USTR requested public

comment on the issues raised in the petition. The comment period was

subsequently extended by a Federal Register Notice dated November 21,

1994 (59 FR 60026).

Since initiation of the investigation, the USTR has conducted

consultations and bilateral discussions with the EU concerning the

issues in the petition. The USTR also requested the EU to delay

implementation of the Framework Agreement because implementation would

aggravate the harm caused by Regulation 404. These efforts have failed

to bring about reform of the EU practices.

Section 304(a) of the Trade Act provides that in each investigation

initiated under section 302 of the Trade Act, the USTR must determine

whether the act, policy or practice is actionable under section 301.

The USTR requests comments from the public by February 10, 1995

regarding the actionability under section 301 of the EU practices

referred to above.

If this determination is affirmative, the USTR must also determine

what action would be appropriate under subsection (a) or (b) of section

301. Actions that would be permitted in the case of a positive

determination with respect to the EU include action to suspend,

withdraw or prevent the application of benefits of trade agreement

concessions to the EU; imposition of duties or other import

restrictions on goods of the EU or fees or restrictions on services of

the EU; and restriction or denial of service sector access

authorizations with respect to services of the EU. The USTR requests

comments from the public by February 10, 1995 regarding the

appropriateness of such actions, including identification of goods or

services of the EU to which such measures might appropriately be

applied, as well as identification of other measures which could be

taken with respect to trade of the EU.

Public Comment

Comments must be filed in accordance with the requirements set

forth in 15 CFR 2006.8(b) (55FR 20593) and must be filed by 12 noon,

Friday, February 10, 1995. Comments must be in English and provided in

twenty copies to: Sybia Harrison, Office of the General Counsel, Room

223, USTR, 600 17th Street, NW, Washington, DC 20506.

Comments will be placed in a file (Docket 301-94) open to public

inspection in the USTR Reading Room pursuant to 15 CFR 2006.13, except

confidential business information exempt from public inspection in

accordance with 15 CFR 2006.15. Confidential business information

submitted in accordance with 15 CFR 2005.15 must be clearly marked

``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top of each

page on each of 20 copies, and must be accompanied by a nonconfidential

summary of the confidential information. The nonconfidential summary

shall be placed in the file that is open to public inspection. An

appointment to review the docket may be made by calling Brenda Webb

(202) 395-6186. The USTR Reading Room is open to the public from 10

a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through Friday, and is

located in: Room 101, Office of the United States Trade Representative,

600 17th Street, NW., Washington, DC 20506.

Irving A. Williamson,

Chairman, Section 301 Committee.

[FR Doc. 95-938 Filed 1-12-95; 8:45 am]

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