[Federal Register: November 9, 1998 (Volume 63, Number 216)] [Notices] [Page 60437-60440] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr09no98-150] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Sanitary and Phytosanitary Issues AGENCY: Trade Policy Staff Committee, USTR. ACTION: Request for written comments on ``Information for Evaluation of the Consistency of Foreign Trade Measures with the Provisions of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures.'' ----------------------------------------------------------------------- [[Page 60438]] SUMMARY: The Trade Policy Staff Committee (TPSC) is publishing a set of questions developed to elicit information on foreign trade measures that may be inconsistent with the provisions of the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). This set of questions, ``Information for Evaluation of the Consistency of Foreign Trade Measures with the Provisions of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures,'' was developed by a subcommittee of the TPSC which focuses on issues related to the WTO SPS Agreement. These questions are attached as an annex to this Federal Register notice. They will be used by the TPSC in collecting and organizing information for analysis and for prioritizing potential U.S. Government action on trade barriers raised by sanitary or phytosanitary measures that appear to be inconsistent with the SPS Agreement. The purpose of this notice is to solicit written public comments on the set of questions developed by the inter-agency TPSC committee. Comments are specifically invited to address the appropriateness and comprehensiveness of the questions as they are set forth in the annex to this Federal Register notice. If there are areas of concern or issues which commentors feel have not been fully addressed they should provide their rationale for inclusion or exclusion of such concerns. DATES: Written comments should be submitted by December 9, 1998. FOR FURTHER INFORMATION CONTACT: John Payne, Director for SPS Affairs, USTR, telephone (202) 395-6127; or e-mail: jpayne@ustr.gov. SUPPLEMENTARY INFORMATION: It was recommended in a United States General Accounting Office (GAO) report, entitled ``Agricultural Exports: U.S. Needs a More Integrated Approach to Address Sanitary/ Phytosanitary Issues'' (NSIAD-98-32 December 11, 1997) that the U.S. Government should: * * * establish a more systematic process by which USDA entities evaluate complaints they receive about SPS measures, determine which ones they should address, prioritize their efforts, develop unified approaches, and determine when to recommend consideration of dispute settlement procedures to USTR. This process should be developed and implemented in consultation with the U.S. Trade Representative, the Commissioner of Food and Drugs, the Administrator of EPA, and the Secretary of State, or their designees. The USTR in its response to the GAO report stated that the SPS subcommittee of the TPSC would develop a methodology for evaluating SPS issues brought to its attention and that methodology would be used to determine policy options for addressing specific SPS issues which appear to violate the WTO SPS Agreement. USDA in its response to the GAO report stated that a Federal Register notice would be published that invited public comment on factors to be taken into account in evaluating and prioritizing trade-related SPS measures. The SPS subcommittee of the TPSC (comprised of representatives from USTR, the United States Department of Agriculture, the Food and Drug Administration, the Environmental Protection Agency, the State Department, and representatives of other interested Departments and Agencies) developed a set of questions to guide the collection of information to evaluate the consistency of foreign trade measures with the provisions of the SPS Agreement. This set of questions will be amended based on comments provided from this notice and, over time, through experience as new issues are identified that would lead to improving the collection of information for analysis of SPS measures which appear to violate the WTO SPS Agreement. In order to assist the TPSC in its analysis of specific SPS measures, government Agencies intend to use the set of questions as a tool to systematically collect and organize their information on issues. It is understood that the information responsive to these questions may be provided from a number of sources, including Agencies of the U.S. Government and information voluntarily provided by industry or consumer groups. Failure of the TPSC to obtain answers to some of the questions does not mean that the issue will not be addressed, but the more complete the information, the sooner the evaluation can be completed, and potentially, the sooner the issue could be resolved. This set of questions is intended to ensure that the TPSC is aware of all available information that is pertinent to an issue. It does not imply any particular judgment regarding the relative importance of any specific item of information provided. Submission of Written Comments Those persons wishing to submit written comments should provide twenty (20) copies (in English) to Gloria Blue, Executive Secretary, Trade Policy Staff Committee, Office of the United States Trade Representative, Room 501, 600 17th Street Northwest, Washington, DC 20508. Comments should state clearly the position taken and should describe the specific information supporting that position. If the submission contains business confidential information, twenty copies of a confidential version must also be submitted. A justification as to why the information contained in the submission should be treated confidentially must be included in the submission. In addition, any submissions containing business confidential information must be clearly marked ``Confidential'' at the top and bottom of the cover page (or letter) and of each succeeding page of the submission. The version that does not contain confidential information should also be clearly marked, at the top and bottom of each page, ``public version'' or ``non-confidential.'' Written comments submitted in connection with this request, except for information granted ``business confidential'' status pursuant to 15 CFR 20003.6, will be available for public inspection in the USTR Reading Room, Room 101, Office of the United States Trade Representative, 600 17th Street Northwest, Washington, DC. An appointment to review the file may be made by calling Brenda Webb (202) 395-6186. The Reading Room is open to the public from 9:30 a.m. to 12 noon, and from 1 p.m. to 4 p.m., Monday through Friday. Frederick L. Montgomery, Chairman, Trade Policy Staff Committee. Annex: The Consistency of Foreign Trade Measures With the Provisions of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures In order to assist the TPSC in its analysis of the SPS measure in question, please provide as much information as possible in response to the following questions. It is understood that the information requested may be provided from several other sources, including the U.S. Government. Failure to answer questions does not mean that the issue will not be addressed by the TPSC, but the more complete the information, the sooner the evaluation can be completed. If any of the information provided is business confidential, please ensure that specific business confidential information on all copies is so marked. Please note that this set of questions is intended to ensure that the TPSC is aware of all available information that is pertinent to this issue. It does not imply any judgment regarding the relative importance of any specific questions or specific elements of the information provided. [[Page 60439]] I. Description of The SPS Barrier A. What country has imposed a trade restriction or SPS barrier? B. What product or commodity is affected? C. What claim (e.g., health, safety, etc.) is the government making as the reason for its measure? D. Has this issue been brought to the attention of the U.S. Government before? If so, what was the date of the previous communication and to what Agency? E. Who may have information available to answer more fully questions in this questionnaire? U.S. Government Agencies? Others? II. Market Impact A. Which export markets (i.e., countries, territories, regions) are affected by this measure? B. Which foreign government agencies are responsible for developing, implementing, and enforcing the measure? C. When was the measure adopted, publicized and implemented? Please provide as complete a chronology as possible. D. Which U.S. export products are affected? Please provide as detailed a description as possible, including harmonized tariff schedule numbers (If known). E. What other countries' imports of products into the country taking the measure are (might be) impacted by this measure? F. What is the approximate value of the actual lost export earnings resulting from the application of this measure? (or) The estimate of lost export earnings which would result if the proposed measure were implemented? (1) What is the approximate value of U.S. exports of the affected products to the affected markets in recent years? (2) What is the approximate value of all U.S. exports of the affected products to the world in recent years? (3) If there is no trade because of the measure (import bans, etc.), what is your estimate of potential market value if the current restriction were removed? III. Health Objective of the Measure A. Has the government applying the measure identified that it is doing so to protect human, animal or plant life or health? If so, provide the specific health concern the measure is intended to address. Please provide any available documentation. B. If the measure is intended to mitigate against a disease or pest, which specifically? (1) Do the pests or diseases of concern exist in the U.S.? (2) If the pest or disease exist in the U.S., are there relevant surveillance or monitoring data to demonstrate that the pest or disease does not affect the product for which the measure is taken? (3) Is the pest or disease known to occur in the country that has applied the measure? If so, is the pest or disease limited or widespread in that countries territory? Is the pest or disease under an official control program or quarantine in that country? IV. Scientific Basis for the Measure A. Are there any international standards, guidelines or recommendations which address the same or similar health concerns? Please identify and describe. Would use of those international standards, guidelines or recommendations be more or less trade restrictive than application of the measure in question? B. Has the government that has applied (or is proposing) the measure conducted a risk assessment which provides a scientific basis for the measure? Are you aware of any other risk assessment upon which the measure may be based? C. Is there strong scientific evidence that the measure is or is not based on scientific principles or maintained on the basis of sufficient scientific evidence? Does the scientific evidence indicate that application of this measure is necessary to achieve the intended level of health protection (as determined by the government applying the measure)? Please attach a technical summary of the relevant scientific evidence. D. Have U.S. government or private sector scientists evaluated the scientific basis for the measure in question? If so, what is their view? E. Does the measure take into account the sanitary and phytosanitary characteristics of the areas from which the affected products originate and the areas to which they are destined (e.g., does in recognize post harvest risk mitigation techniques and pest-free or disease-free production areas)? F. How much technical analysis and research are required to generate conclusions regarding the other county's SPS measure (low, medium, high)? What are the research costs, current activity, and funding sources? V. Consistency of the Measure A. Has the measure been enforced consistently and in a non- discriminatory manner? (1) Is the measure applied in a non-discriminatory way to all international suppliers, where identical or similar conditions prevail? (2) Does the government applying the measure apply the measure in a non-discriminatory way to both imported and domestic products, where identical or similar conditions prevail? If not, has the government given a reason why it does not? (3) Is the measure applied seasonally? If so, is there a scientific justification for seasonal implementation? How does seasonal implementation relate to seasonal U.S. export patterns? VI. Transparency and Other Procedural Issues A. To your knowledge, has the measure been formally notified through WTO notification procedures to the SPS Committee? Other WTO Committees? B. Did the government applying the measure provide an opportunity for U.S. firms to comment on the measure before its adoption and implementation? Were any comments provided in response? If so, were they taken into account in the development of the final measure? C. Did the government applying the measure provide sufficient time for U.S. exporters to adjust to the measure prior to its implementation? VII. Previous or Ongoing Consultations A. Have there been any consultations between the government applying the measure and affected (private sector) U.S. exporters? If so, when did those consultations take place, which foreign government agencies were involved, and what were the results? Please attach as detailed a chronology as possible. B. Have there been any official bilateral consultations between the government applying the measure and the U.S. government regarding the application of the measure? When did those consultations take place, and which U.S. and foreign government agencies were involved? C. Have any third parties sought or conducted consultations with the government applying the measure on this issue? If so, what were the results? D. Are issues relevant to the application of this measure currently on the agenda of any relevant international standards setting bodies or other regional or international organizations? VIII. Comparable Measures A. What SPS measures, if any, does the United States apply in order to address the same or similar health concerns in association with the same or comparable products? In other words, What are the comparable U.S. measures, including related domestic and interstate regulations, to protect against the same or comparable risks? [[Page 60440]] (1) Are those U.S. measures more or less trade restrictive than the foreign measure in question? (2) Are there any known scientific or other legitimate reasons for any difference between the foreign measure in question and the comparable U.S. measures? B. What SPS measures, if any, do other governments apply in order to address the same or similar health concerns? Are these measures more or less restrictive than the measure in question? C. Is there any other reasonably available measure or risk mitigation strategy which, taking into account technical and economic feasibility, would achieve the intended level of health protection (as determined by the government applying the measure) in a less trade- restrictive manner? Please provide any available scientific evidence which would demonstrate the efficacy of such alternatives. IX. Other Information A. Is there any other relevant information not asked for in previous questions, or information you believe to be pertinent that has not been provided in response to the previous questions? B. Information in the following categories is particularly useful: (1) Chronology of actions leading to the adoption and implementation of the measure. (2) Chronology of any consultations between U.S. traders or U.S government representatives and the government applying the measure in question. (3) Any available documentation of the specific requirements imposed under the measure and of the health justification identified by the government applying the measure. (4) A technical summary of any available scientific evidence which calls into question the scientific basis for the measure. [FR Doc. 98-29990 Filed 11-6-98; 8:45 am] BILLING CODE 3190-01-M