[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11613-11615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5933]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. USTR-2008-0036]
Delay in Modification of Action Taken in Connection With WTO
Dispute Settlement Proceedings on the European Communities' Ban on
Imports of U.S. Beef and Beef Products
AGENCY: Office of the United States Trade Representative.
ACTION: Notice and modification of action.
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SUMMARY: On January 15, 2009, the United States Trade Representative
(`Trade Representative') announced modifications (`January 15
modifications') to the action taken in July 1999 in connection with the
World Trade Organization (``WTO'') authorization to the United States
in the EC-Beef Hormones dispute to suspend concessions and related
obligations with respect to the European Communities (``EC''). See 74
FR 4265 (Jan. 23, 2009). The January 15 modifications had an effective
date of March 23, 2009. In order to allow additional time to reach
agreement with the EC on an interim solution that would provide
benefits to the U.S. beef industry, the Trade Representative has
decided to delay for one month (until April 23, 2009) the effective
date of the additional duties imposed under the January 15
modifications. The effective date of the removal of duties under the
January 15 modifications will remain March 23, 2009.
Effective Date: As set out in Annex I to this notice, the removal
of duties on items deleted from the product list under the January 15
modifications shall be effective with respect to products that are
entered, or withdrawn from warehouse, for consumption on or after March
23, 2009. As set out in Annex II to this notice, the additional duties
under the January 15 modifications shall be effective with respect to
products that are entered, or withdrawn from warehouse, for consumption
on or after April 23, 2009.
FOR FURTHER INFORMATION CONTACT: Roger Wentzel, Director, Agricultural
Affairs, (202) 395-6127 or David Weiner, Director for the European
Union, (202) 395-4620 for questions concerning the EC-Beef Hormones
dispute; or William Busis, Associate General Counsel and Chair of the
Section 301 Committee, (202) 395-3150, for questions concerning
procedures under Section 301.
SUPPLEMENTARY INFORMATION: For background concerning the EC-Beef
Hormones WTO dispute and the January 15 modifications, see 74 FR 4265
(Jan. 23, 2009).
In the January 15 modifications, the Trade Representative decided:
(1) To remove some products from the list of products currently subject
to 100 percent ad valorem duties; (2) to impose 100 percent ad valorem
duties on some new products from certain EC member States; (3) to
modify the coverage with respect to particular EC member States; and
(4) to raise the level of duties on one of the products that is being
maintained on the product list.
Pursuant to Section 305 of the Trade Act of 1974, the Trade
Representative
[[Page 11614]]
has determined that a one-month delay (until April 23, 2009) in
implementation of certain elements of the January 15 modifications
would be desirable to obtain a satisfactory solution with respect to
the EC's ban on U.S. beef. The elements to be delayed are: (i) The
imposition of increased duties on additional products, (ii) the
application to products of additional EC member States of the increased
duties on currently covered products, and (iii) the increase in the
level of duties on one of the products that is being maintained on the
product list. The Trade Representative has not delayed the March 23,
2009 effective date of the removal of duties under the January 15
modifications.
As set out in Annex I to this notice, the removal of duties on
items deleted from the product list under the January 15 modifications
shall be effective with respect to products that are entered, or
withdrawn from warehouse, for consumption on or after March 23, 2009.
Any merchandise covered under Part D of Annex I that is admitted to a
U.S. foreign-trade zone on or after March 23, 2009 must be admitted in
``privileged foreign status''as defined in 19 CFR 146.41. As set out in
Annex II to this notice, the full January 15 modifications, including
the additional duties under those modifications, shall be effective
with respect to products that are entered, or withdrawn from warehouse,
for consumption on or after April 23, 2009. Any merchandise covered
under Part B of Annex II that is admitted to a U.S. foreign-trade zone
on or after April 23, 2009 must be admitted in ``privileged foreign
status'' as defined in 19 CFR 146.41. Questions concerning customs
matters may be directed to Renee Chovanec, International Coordination,
Office of International Trade, U.S. Customs and Border Protection, 202-
863-6384.
The Annexes to this notice supercede and replace in full the Annex
to the earlier notice published at 74 FR 4265 (Jan. 23, 2009), which
initially put in place the January 15 modifications.
William Busis,
Chair, Section 301 Committee.
Annex I
A. Effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after March 23, 2009, subchapter III
of chapter 99 of the Harmonized Tariff Schedule of the United States
(HTS) is modified by deleting the following HTS subheadings:
9903.02.31, 9903.02.33, 9903.02.35, 9903.02.36, 9903.02.37, 9903.02.38,
and 9903.02.47.
B. Effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after March 23, 2009, subchapter III
of chapter 99 of the Harmonized Tariff Schedule of the United States
(HTS) is modified by deleting HTS subheading 9903.02.39 and the
superior text thereto.
C. Effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after March 23, 2009, subchapter III
of chapter 99 of the Harmonized Tariff Schedule of the United States
(HTS) is modified by deleting HTS subheadings 9903.02.40, 9903.02.41,
and 9903.02.42 and the superior text thereto.
D. Effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after March 23, 2009, the Harmonized
Tariff Schedule of the United States (HTS) is modified by adding in
numerical sequence the following superior text and subheading to
subchapter III of chapter 99 to the HTS. The superior text and
subheading are set forth in columnar format, and material in such
columns is inserted in the columns of the HTS designated ``Heading/
Subheading'', ``Article Description'', and ``Rates of Duty 1-General'',
respectively:
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9903.02.83.................... ``Articles the product
of Austria or France:
Juice of any other 100%''
single fruit, not
elsewhere specified
or included, not
fortified with
vitamins or
minerals,
unfermented and not
containing added
spirit, whether or
not containing added
sugar or other
sweetening matter
(provided for in
subheading
2009.80.60).
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Annex II
A. Effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after April 23, 2009, subchapter III
of chapter 99 of the Harmonized Tariff Schedule of the United States
(HTS) is modified by deleting the following HTS subheadings and the
superior text thereto: 9903.02.21, 9903.02.22, 9903.02.23, 9903.02.24,
9903.02.25, 9903.02.26, 9903.02.27, 9903.02.28, 9903.02.29, 9903.02.30,
9903.02.32, 9903.02.34, 9903.02.43, 9903.02.44, 9903.02.45, 9903.02.46,
and 9903.02.83.
B. Effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after April 23, 2009, the Harmonized
Tariff Schedule of the United States (HTS) is modified by adding in
numerical sequence the following superior text and subheadings to
subchapter III of chapter 99 to the HTS. The superior text and
subheadings are set forth in columnar format, and material in such
columns is inserted in the columns of the HTS designated ``Heading/
Subheading'', ``Article Description'', and ``Rates of Duty 1--
General'', respectively:
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``Articles the product of
Austria, Belgium,
Bulgaria, Cyprus, Czech
Republic, Denmark,
Estonia, Finland, France,
Germany, Greece, Hungary,
Ireland, Italy, Latvia,
Lithuania, Luxembourg,
Malta, the Netherlands,
Poland, Portugal, Romania,
Slovakia, Slovenia, Spain
or Sweden:
9903.02.48................. Meat of bovine animals,
fresh or chilled (provided
for in heading 0201):
Articles of subheading 100%
0201.10.05, 0201.10.10,
0201.20.02, 0201.20.04,
0201.20.06, 0201.20.10,
0201.20.30, 0201.20.50,
0201.30.02, 0201.30.04,
0201.30.06, 0201.30.10,
0201.30.30 or
0201.30.50.
9903.02.49................. Articles of subheading 100%
0201.10.50, 0201.20.80
or 0201.30.80.
9903.02.50................. Meat of bovine animals,
frozen (provided for in
heading 0202):
Articles of subheading 100%
0202.10.05, 0202.10.10,
0202.20.02, 0202.20.04,
0202.20.06, 0202.20.10,
0202.20.30, 0202.20.50,
0202.30.02, 0202.30.04,
0202.30.06, 0202.30.10,
0202.30.30 or
0202.30.50.
9903.02.51................. Articles of subheading 100%
0202.10.50, 0202.20.80
or 0202.30.80.
9903.02.52................. Meat of swine, fresh or 100%
chilled (provided for in
subheading 0203.11,
0203.12 or 0203.19).
9903.02.53................. Carcasses and half- 100%
carcasses of swine, frozen
(provided for in
subheading 0203.21).
9903.02.54................. Hams, shoulders, and cuts 100%
thereof, with bone in, of
swine, frozen (provided
for in subheading 0203.22).
9903.02.55................. Processed meat of swine, 100%
frozen, other than
carcasses and half-
carcasses of swine and
other than hams,
shoulders, and cuts
thereof, with bone in
(provided for in
subheading 0203.29.20).
9903.02.56................. Edible offal of bovine 100%
animals, fresh or chilled
(provided for in
subheading 0206.10).
[[Page 11615]]
9903.02.57................. Edible offal of bovine 100%
animals, frozen (provided
for in subheading 0206.21,
0206.22 or 0206.29).
9903.02.58................. Meat and edible offal, of 100%
the poultry of heading
0105, fresh, chilled or
frozen (provided for in
heading 0207).
9903.02.59................. Hams, shoulders, and cuts 100%
thereof, with bone in, of
swine, salted, in brine,
dried or smoked (provided
for in subheading 0210.11).
9903.02.60................. Meat of bovine animals, 100%
salted, in brine, dried or
smoked (provided for in
subheading 0210.20).
9903.02.61................. Meat of poultry of heading 100%
0105, salted, in brine,
dried or smoked (provided
for in subheading
0210.99.20).
9903.02.62................. Roquefort cheese (provided 300%
for in subheading
0406.40.20 and 0406.40.40).
9903.02.63................. Foliage, branches and other 100%
parts of plants, without
flowers or flower buds,
and grasses, being goods
of a kind suitable for
bouquets or for ornamental
purposes, fresh, dried or
bleached (provided for in
subheading 0604.91 or
0604.99.30).
9903.02.64................. Truffles, fresh or chilled 100%
(provided for in
subheading 0709.59.10).
9903.02.65................. Rolled or flaked grains of 100%
oats (provided for in
subheading 1104.12).
9903.02.66................. Grains of oats, hulled, 100%
pearled, sliced, kibbled
or otherwise worked, not
elsewhere specified or
included (provided for in
subheading 1104.22).
9903.02.67................. Sausages and similar 100%
products of beef, and food
preparations based on
these products, in
airtight containers
(provided for in
subheading 1601.00.40).
9903.02.68................. Other prepared or preserved 100%
meat, meat offal or blood,
of liver of any animal
(provided for in
subheading 1602.20).
9903.02.69................. Other prepared or preserved 100%
meat, meat offal or blood,
of poultry of heading 0105
(provided for in
subheading 1602.31,
1602.32, 1602.39).
9903.02.70................. Other prepared or preserved 100%
meat, meat offal or blood,
of bovine animals
(provided for in
subheading 1602.50).
9903.02.71................. Chewing gum, whether or not 100%
sugar-coated, not
containing cocoa (provided
for in subheading 1704.10).
9903.02.72................. Chocolate and other food 100%
preparations containing
cocoa, in blocks, slabs or
bars, filled, weighing 2
kg or less each (provided
for in subheading 1806.31).
9903.02.73................. Lingonberry and raspberry 100%
jams (provided for in
subheading 2007.99.05).
9903.02.74................. Pears, otherwise prepared 100%
or preserved, whether or
not containing added sugar
or other sweetening matter
or spirit, not elsewhere
specified or included
(provided for in
subheading 2008.40).
9903.02.75................. Peaches, excluding 100%
nectarines, otherwise
prepared or preserved,
whether or not containing
added sugar or other
sweetening matter or
spirit, not elsewhere
specified or included
(provided for in
subheading 2008.70.20).
9903.02.76................. Articles the product of
Finland, France, Ireland,
the Netherlands or Sweden:
Meat of swine, frozen, 100%
not processed, other
than carcasses and half-
carcasses of swine and
other than hams,
shoulders, and cuts
thereof, with bone in
(provided for in
subheading 0203.29.40).
9903.02.77................. Articles the product of
France:
Chestnuts (Castanea 100%
spp.), fresh or dried,
whether or not shelled
or peeled (provided for
in subheading 0802.40).
9903.02.78................. Wool grease (other than 100%
crude wool grease) and
fatty substances
derived from wool
grease (including
lanolin) (provided for
in subheading
1505.00.90).
9903.02.79................. Articles the product of
Austria, Cyprus, France or
Poland:
Grape juice (including 100%
grape must), not
fortified with vitamins
or minerals,
unfermented and not
containing added
spirit, whether or not
containing added sugar
or other sweetening
matter (provided for in
subheading 2009.61 or
2009.69).
9903.02.80................. Juice of any other 100%
single fruit, not
elsewhere specified or
included, not fortified
with vitamins or
minerals, unfermented
and not containing
added spirit, whether
or not containing added
sugar or other
sweetening matter
(provided for in
subheading 2009.80.60).
9903.02.81................. Mixtures of juices, 100%
other than mixtures of
vegetable juices, not
fortified with vitamins
or minerals,
unfermented and not
containing added
spirit, whether or not
containing added sugar
or other sweetening
matter (provided for in
subheading 2009.90.40).
9903.02.82................. Articles the product of
Italy:
Mineral waters and 100%''
aerated waters, not
containing added sugar
or other sweetening
matter nor flavored
(provided for in
subheading 2201.10).
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[FR Doc. E9-5933 Filed 3-17-09; 8:45 am]
BILLING CODE 3190-W9-P