[Federal Register Volume 64, Number 237 (Friday, December 10, 1999)] [Notices] [Page 69318] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-32029] [[Page 69318]] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/D-21] WTO Dispute Settlement Proceeding Regarding Australia--Measures Affecting the Importation of Salmonids
Agency
Office of the United States Trade Representative.
Action
Notice.
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Summary
The Office of the United States Trade Representative (``USTR'') is providing notice of the United States' request for the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO'') to examine Australia's measures affecting the importation of salmonids. In this dispute, the United States alleges that Australia's measures are inconsistent with its obligations under the Agreement on the Application of Sanitary and Phytosanitary Measures (``SPS Agreement'') and the General Agreement on Tariffs and Trade 1994 (``GATT 1994'').
For Further Information Contact
Marjorie Florestal, Assistant General Counsel, (202) 395-3581 or Betsy Stillman, Special Advisor for Asia and Pacific Affairs, (202) 395-9543.
Supplementary Information
Pursuant to section 127(b) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing notice that on June 16, 1999, the WTO Dispute Settlement Body (``DSB'') established a panel to review the Australian measure on imports of salmonids at the request of the United States. A panel was composed for this purpose on August 2, 1999, but was suspended at the United States' request on November 5, 1999, because the panelists are currently engaged in a related dispute brought by Canada and will examine the U.S. complaint after they have completed their work in the Canadian dispute. Once the panelists are prepared to examine the U.S. dispute, USTR will issue a notice with request for written comments from the public.
Major Issues Raised and Legal Basis of the Complaint
Australia currently maintains certain prohibitions on imports of fresh, chilled, or frozen salmonids, which the United States believes is inconsistent with Australia's obligations under Articles 2, 5, 7 and 8 of the SPS Agreement and Article XI of the GATT 1994. The Australian measure already has been the subject of a panel proceeding brought by Canada in Australia--Measures Affecting Importation of Salmon (WT/DS18/R, WT/DS18/AB/R), and the DSB adopted findings that the ban is inconsistent with Articles 2.2, 2.3, 5.1 and 5.5 of the SPS Agreement. The United States was a third party in that dispute. On July 19, thirteen days after the reasonable period of time for implementation of the DSB's rulings had expired, Australia announced a new quarantine policy for salmonids and other finfish, designed to implement the WTO panel and Appellate Body reports. The new policy maintains certain restrictions on salmon imports that do not appear to be based on science, including, among other things, differing requirements for ``consumer-ready'' imports that are based on the size of the product concerned. On November 17, 1995, the United States requested consultations with Australia regarding its import prohibition pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, Article XXII of the GATT 1994 and Article 11 of the SPS Agreement. Consultations were held on December 13, 1995, but failed to settle the dispute. A. Jane Bradley, Assistant U.S. Trade Representative for Monitoring and Enforcement. [FR Doc. 99-32029 Filed 12-9-99; 8:45 am] BILLING CODE 3190-01-P