Initiation of Section 302 Investigation and Request for Public Comment: Canadian Practices Affecting Periodicals

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-102]

Initiation of Section 302 Investigation and Request for Public

Comment: Canadian Practices Affecting Periodicals

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of initiation of investigation; request for written

comments.

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SUMMARY: The United States Trade Representative (USTR) has initiated an

investigation under section 302(b)(1) of the Trade Act of 1974, as

amended (the Trade Act) (19 U.S.C. 2412(b)(1)), with respect to certain

acts, policies and practices of the Government of Canada that restrict

or prohibit imports of certain periodicals into Canada and apply

discriminatory treatment to certain imported periodicals. USTR invites

written comments from the public on the matters being investigated.

DATES: This investigation was initiated on March 11, 1996. Written

comments from the public are due on or before noon on April 12, 1996.

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

Street NW., Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:

Claude Burcky, Director for Canadian Affairs, (202) 395-3412, or James

Southwick, Assistant General Counsel, (202) 395-7203.

SUPPLEMENTARY INFORMATION: Section 302(b)(1)) of the Trade Act

authorizes the USTR to initiate an investigation under chapter 1 of

Title III of the Trade Act (commonly referred to as ``section 301''),

with respect to any matter in order to determine whether the matter is

actionable under section 301. Matters actionable under section 301

include, inter alia, the denial of rights of the United States under a

trade agreement, or acts, policies, and practices of a foreign country

that violate or are inconsistent with the provisions of, or otherwise

deny benefits to the United States under, any trade agreement.

On March 11, 1996, having consulted with the appropriate private

sector advisory committees, the USTR determined that an investigation

should be initiated to determine whether certain laws and regulations

of Canada affecting periodicals are actionable under section 301(a).

The measures in question prohibit or restrict the importation into

Canada of so-called ``split-run'' periodicals, provide for

discriminatory tax treatment of split-run periodicals and apply

favorable postage rates to Canadian periodicals.

Investigation and Consultations

As required in section 303(a) of the Trade Act, the USTR has

requested consultations with the Government of Canada regarding the

issues under investigation. The request is pursuant to Article XXIII of

the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article

4 of the Understanding on Rules and Procedures Governing the Settlement

of Disputes (DSU) (which applies to dispute settlement under GATT 1994

and other agreements under the World Trade Organization (WTO)). If the

consultations do not result in a satisfactory resolution of the matter,

the USTR will request the establishment of a panel pursuant to Article

6 of the DSU.

Under section 304 of the Trade Act, the USTR must determine within

18 months after the date on which this investigation was initiated, or

within 30 days after the conclusion of WTO dispute settlement

procedures, whichever is earlier, whether any act, policy, or practice

or denial of trade agreement rights described in section 301 of the

Trade Act exists and, if that determination is affirmative, the USTR

must determine what action, if any, to take under section 301 of the

Trade Act.

Public Comment: Requirements for Submissions

Interested persons are invited to submit written comments

concerning the acts, policies and practices of Canada which are the

subject of this investigation, the amount of burden or restriction on

U.S. commerce caused by these acts, policies and practices, and the

determinations required under section 304 of the Trade Act. Comments

must be filed in accordance with the requirements set forth in 15 CFR

2006.8(b) (55 FR 20593) and must be filed on or before noon on April

12, 1996. Comments must be in English and provided in twenty copies to:

Sybia Harrison, Staff Assistant to the Section 301 Committee, Room 223,

Office of the U.S. Trade Representative, 600 17th Street NW.,

Washington, DC 20508.

Comments will be placed in a file (Docket 301-102) 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. Confidential business information submitted in accordance with

15 CFR 2006.15 must be clearly marked ``BUSINESS CONFIDENTIAL'' in

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

(Docket No. 301-102) may be made by calling Brenda Webb (202) 395-6186.

The USTR Reading Room is open to the public from 10:00 a.m. to 12 noon

and 1:00 p.m. to 4:00 p.m., Monday through Friday, and is located in

Room 101.

Irving A. Williamson,

Chairman, Section 301 Committee.

[FR Doc. 96-6367 Filed 3-15-96; 8:45 am]

BILLING CODE 3190-01-M