83 FR 29600 - WTO Dispute Settlement Proceeding Regarding Canada-Measures Governing the Sale of Wine in Grocery Stores (Second Complaint)

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 122 (June 25, 2018)

The Office of the United States Trade Representative (USTR) is providing notice that the United States has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement). That request may be found at www.wto.org in a document designated as WT/DS531/7. USTR invites written comments from the public concerning the issues raised in this dispute.

[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Notices]
[Pages 29600-29601]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13488]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2018-0019; Dispute Number WT/DS531]


WTO Dispute Settlement Proceeding Regarding Canada--Measures 
Governing the Sale of Wine in Grocery Stores (Second Complaint)

AGENCY: Office of the United States Trade Representative.

ACTION: Notice with request for comments.

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SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that the United States has requested the establishment 
of a dispute settlement panel under the Marrakesh Agreement 
Establishing the World Trade Organization (WTO Agreement). That request 
may be found at www.wto.org in a document designated as WT/DS531/7. 
USTR invites written comments from the public concerning the issues 
raised in this dispute.

DATES: Although USTR will accept any comments during the course of the 
dispute settlement proceedings, you should submit your comment on or 
before July 20, 2018, to be assured of timely consideration by USTR.

ADDRESSES: USTR strongly prefers electronic submissions made through 
the Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments in section III below. The docket 
number is USTR-2018-0019. For alternatives to on-line submissions, 
please contact Sandy McKinzy at (202) 395-9483.

FOR FURTHER INFORMATION CONTACT: Associate General Counsel Joseph 
Rieras at (202) 395-3775.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 127(b)(1) of the Uruguay Round Agreements Act (URAA) (19 
U.S.C. 3537(b)(1)) requires notice and opportunity for comment after 
the United States submits or receives a request for the establishment 
of a WTO dispute settlement panel. Pursuant to this provision, USTR is 
providing notice that the United States has requested a dispute 
settlement panel pursuant to the WTO Understanding on Rules Procedures 
Governing the Settlement of Disputes (DSU). Once the WTO establishes a 
dispute settlement panel, the panel will hold its meetings in Geneva, 
Switzerland.

II. Major Issues Raised by the United States

    In 2017, the United States requested consultations with Canada 
regarding measures maintained by the Canadian province of British 
Columbia (BC) governing the sale of wine in grocery stores. The United 
States alleged that the BC wine measures provide advantages to BC wine 
through the granting of exclusive access to the retail channel of 
selling wine on grocery store shelves, while limiting imported wine to 
be sold in grocery stores only through a so-called ``store within a 
store.'' The parties failed to reach a mutually satisfactory resolution 
to this dispute. On May 25, 2018, the United States requested that the 
WTO establish a panel to consider the U.S. complaint.
    The United States alleges the BC measures are inconsistent with 
Canada's obligations under Article III:4 of the General Agreement on 
Tariffs and Trade 1994.

III. Public Comments: Requirements for Submissions

    USTR invites written comments concerning the issues raised in this 
dispute. All submissions must be in English and sent electronically via 
www.regulations.gov. To submit comments via www.regulations.gov, enter 
docket number USTR-2018-0019 on the home page and click ``search.'' The 
site will provide a search-results 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 
search-results page, and click on the link entitled ``comment now!'' 
For further information on using the www.regulations.gov website, 
please consult the resources provided on the website by clicking on 
``How to Use Regulations.gov'' on the bottom of the home page.
    The www.regulations.gov website allows users to provide comments by 
filling in a ``type comment'' field, or by attaching a document using 
an ``upload file'' field. USTR prefers that comments be provided in an 
attached document. If a document is attached, it is sufficient to type 
``see attached'' in the ``type comment'' field. USTR prefers 
submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the 
submission is in an application other than those two, please indicate 
the name of the application in the ``type comment'' field.
    For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top and bottom of that page and the submission 
should clearly indicate, via brackets, highlighting, or other means, 
the specific information that is business confidential. If you request 
business confidential treatment, you must certify in writing that 
disclosure of the information would endanger trade secrets or 
profitability, and that the information would not customarily be 
released to the public. Filers of submissions containing business 
confidential information also must submit a public version of their 
comments. The file name of the public

[[Page 29601]]

version should begin with the character ``P''. The ``BC'' and ``P'' 
should be followed by the name of the person or entity submitting the 
comments or rebuttal comments. If this is not sufficient to protect 
business confidential information or otherwise protect business 
interests, please contact Sandy McKinzy at (202) 395-9483 to discuss 
whether alternative arrangements are possible.
    USTR may determine that information or advice contained in a 
comment, 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 a submitter believes that information or advice 
is confidential, s/he must clearly designate the information or advice 
as confidential and mark it as ``SUBMITTED IN CONFIDENCE'' at the top 
and bottom of the cover page and each succeeding page, and 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 docket on this dispute settlement proceeding, docket 
number USTR-2018-0019, accessible to the public at www.regulations.gov. 
The public file will include non-confidential public comments USTR 
receives regarding the dispute. If a dispute settlement panel is 
convened, or in the event of an appeal from a panel, USTR will make the 
following documents publicly available at www.ustr.gov: The U.S. 
submissions and any non-confidential summaries of submissions received 
from other participants in the dispute. The report of the panel, and, 
if applicable, the report of the Appellate Body, will also be available 
on the website of the World Trade Organization, at www.wto.org.

Juan Millan,
Assistant United States Trade Representative for Monitoring and 
Enforcement, Office of the U.S. Trade Representative.
[FR Doc. 2018-13488 Filed 6-22-18; 8:45 am]
 BILLING CODE 3290-F8-P