U.S. May Modify European Products Subject to 100% Duties Under WTO Beef Hormones Dispute
The Office of the U.S. Trade Representative has announced that the interagency Section 301 Committee is soliciting public comments on the possible modification of the list of European products subject to increased tariffs in connection with World Trade Organization dispute settlement rulings in the U.S.-European Communities beef hormones dispute.
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(In 1998, a WTO dispute settlement panel (DSP) found that the EC's import ban on beef produced with growth hormones was inconsistent with WTO rules. In 1999, the WTO Dispute Settlement Body authorized the U.S. to impose increased tariffs on EU products with a total annual trade value of $116.8 million. Under Section 301, the U.S. imposed a 100% duty rate on certain products from certain EC member countries with a time of entry on or after July 29, 1999.
The EU amended its ban in 2003, claiming that the ban now complied with WTO requirements; however, the U.S. disagreed. On October 16, 2008, the WTO Appellate Body confirmed that the U.S. has a continuing right to impose trade measures until the dispute is resolved. See ITT's Online Archives or 10/27/08 news, 08102745, for BP summary of the AB report.)
Comments due Dec 8th, Modifications Intended to be Announced by Dec 31st
The USTR is requesting comments by 5:00 p.m. on December 8, 2008 and intends to complete the review process and announce any modifications to the existing tariffs by the end of this year.
USTR to Consider Whether to Remove/Add Products, Increase Rates, Etc.
Annex I to USTR's notice contains the list of EC products currently subject to the punitive rates of duty (100% ad valorem) pursuant to the WTO's authorization. Annex II to the notice includes all the products listed in Annex I, as well as products under consideration for the new imposition of increased duties. USTR requests comments with respect to:
(i) whether products listed in Annex I should be removed from the list or remain on the list (and if a product remains on the list, whether the currently applied rate of duty should be increased);
(ii) whether products listed in Annex II should be included on a revised list and be subject to increased rates of duty; and
(iii) the products of which member States of the EC should be subject to increased rates of duty.
USTR states that it is particularly interested in comments regarding the effects on U.S. small- or medium-size businesses or on consumers of imposing higher duties on particular products.
Products Currently Subject to 100% Duties (Annex I)
Annex I is the list of countries/products and Harmonized Tariff Schedule numbers that are currently subject to 100% duties under the EC beef hormones dispute.
In the instances where a 4-digit HTS heading appears in the left column of this list, products classified in any of the 8-digit subheadings appearing in the HTS under those 4-digit headings are subject to increased duties. In all cases, the tariff nomenclatures in the HTS for the headings and subheadings listed below are definitive; the product descriptions in this list are for information purposes only.
Products of Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, or Sweden:
| HTS | Description |
|---|---|
| 0201 | Meat of bovine animals, fresh or chilled |
| 0202 | Meat of bovine animals, frozen |
| 0203.11.00 | Pork carcasses and half-carcasses, fresh or chilled |
| 0203.12.10 | Pork hams and shoulders and cuts thereof, fresh or chilled, with bone in, processed |
| 0203.12.90 | Pork hams and shoulders and cuts thereof, fresh or chilled, with bone in, not processed |
| 0203.19.20 | Meat of swine (pork), fresh or chilled, other, processed |
| 0203.19.40 | Meat of swine (pork), fresh or chilled, other |
| 0203.21.00 | Pork carcasses and half-carcasses, frozen |
| 0203.22.10 | Pork hams and shoulders and cuts thereof, frozen, with bone in, processed |
| 0203.22.90 | Pork hams and shoulders and cuts thereof, frozen, with bone in, not processed |
| 0206.10.00 | Bovine tongues, fresh or chilled |
| 0206.21.00 | Bovine tongues, frozen |
| 0206.22.00 | Bovine livers, frozen |
| 0206.29.00 | Edible offal of bovine animals, frozen, other than tongues or livers |
| 0406.40.20 | Roquefort cheese in original loaves |
| 0406.40.40 | Roquefort cheese, other than in original loaves, not grated or powdered, not processed |
| 0703.10.40 | Onions, other than onion sets or pearl onions not over 16 mm in diameter, and shallots, fresh or chilled |
| 0709.59.10 | Truffles, fresh or chilled |
| 0712.90.10 | Dried carrots, whole, cut, sliced, broken or in powder, but not further prepared |
| 1602.20.20 | Prepared or preserved liver of goose |
| 1602.20.40 | Prepared or preserved liver of any animal other than of goose |
| 1905.40.00 | Rusks, toasted bread and similar toasted products |
| 2009.80.60 | Juice of any single fruit (including cherries and berries), concentrated or not concentrated, other than citrus, pineapple, tomato, grape, apple, pear, or prune juices |
| 2101.30.00 | Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof |
| 2103.30.40 | Prepared mustard |
Products of France, Germany, or Italy:
| 2002.10.00 | Tomatoes, whole or in pieces, prepared or preserved otherwise than by vinegar or acetic acid |
Products of France or Germany:
| 0504.00.00 | Guts, bladders, and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked. |
| 2104.10.00 | Soups and broths and preparations therefor |
| 5510.11.00 | Yarn (other than sewing thread) containing 85% or more by weight of artificial staple fibers, singles, not put up for retail sale |
Products of France:
| 0210.11.00 | Hams, shoulders and cuts thereof with bone in, salted, in brine, dried or smoked |
| 1505.00.90 | Fatty substances derived from wool grease (including lanolin) |
| 1806.31.00 | Chocolate and other cocoa preparations, in blocks, slabs or bars, filled, weighing not more than 2 kg |
| 2007.99.05 | Lingonberry and raspberry jams obtained by cooking |
| 3506.10.50 | Products suitable for use as glues or adhesives, put up for retail sale, not exceeding 1 kg, including fish glue, but not other animal glue |
All Products Under Consideration for Imposition of Punitive Duties (Annex II)
Annex II includes the products listed in Annex I (which are currently subject to 100% duties) and the products under consideration for the new imposition of increased duties. In particular, increased tariffs may be applied to articles that are (i) classified in the numerical headings and subheadings of the HTS listed below and (ii) products of one or more of the EC member States.
In the instances where a 4-digit HTS heading appears in the left column of this list, products classified in any of the 8-digit subheadings appearing in the HTS under those 4-digit headings will be subject to increased duties. In all cases, the tariff nomenclatures in the HTS for the headings and subheadings listed below are definitive; the product descriptions in this list are for information purposes only.
| HTS | Description |
|---|---|
| 0201 | Meat of bovine animals, fresh or chilled |
| 0202 | Meat of bovine animals, frozen |
| 0203 | Meat of swine (pork), fresh, chilled or frozen |
| 0206 | Edible offal of bovine animals, swine, sheep, goats, horses, or mules, fresh, chilled or frozen |
| 0207 | Meat and edible offal of poultry (chickens, ducks, geese, turkeys, and guineas), fresh, chilled or frozen |
| 0210.11.00 | Hams, shoulders and cuts thereof with bone in, salted, in brine, dried or smoked |
| 0210.12.00 | Bellies (streaky) and cuts thereof of swine, salted, in brine, dried or smoked |
| 0210.20.00 | Meat of bovine animals, salted, in brine, dried or smoked |
| 0210.99.20 | Meat and edible offal of poultry (chickens, ducks, geese, turkeys and guineas), salted, in brine, dried or smoked; flour and meal of these animals |
| 0210.99.90 | Meat and edible offal not nesoi1, salted, in brine, dried or smoked; flour and meal thereof |
| 0406.40.20 | Roquefort cheese in original loaves |
| 0406.40.40 | Roquefort cheese, other than in original loaves, not grated or powdered, not processed |
| 0504.00.00 | Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked |
| 0603.90.00 | Cut flowers and flower buds, suitable for bouquets or ornamental purposes, dried, dyed, bleached, impregnated or otherwise prepared |
| 0604.91.00 | Foliage, branches and other parts of plants without flowers or flower buds, and grasses, suitable for bouquets or ornamental purposes, fresh |
| 0604.99.30 | Foliage, branches, parts of plants without flowers or buds, and grasses, suitable for bouquets or ornamental purposes, dried or bleached |
| 0702.00.20 | Tomatoes, fresh or chilled, entered during March 1 to July 14, inclusive, or during September 1 to November 14, inclusive, in any year |
| 0702.00.40 | Tomatoes, fresh or chilled, entered from July 15 through August 31 in any year |
| 0702.00.60 | Tomatoes, fresh or chilled, entered from November 15 to the last day of February, inclusive, of the following year |
| 0703.10.40 | Onions, other than onion sets or pearl onions not over 16 mm in diameter, and shallots, fresh or chilled |
| 0709.59.10 | Truffles, fresh or chilled |
| 0712.90.10 | Dried carrots, whole, cut, sliced, broken or in powder, but not further prepared |
| 0712.90.74 | Dried tomatoes, in powder |
| 0712.90.78 | Dried tomatoes, whole, cut, sliced or broken, but not further prepared |
| 0802.40.00 | Chestnuts, fresh or dried, whether or not shelled or peeled |
| 0904.20.20 | Paprika, dried or crushed or ground |
| 1004.00.00 | Oats |
| 1104.12.00 | Rolled or flaked grains of oats |
| 1104.22.00 | Grains of oats, hulled, pearled, clipped, sliced, kibbled or otherwise worked, but not rolled or flaked |
| 1505.00.90 | Fatty substances derived from wool grease (including lanolin) |
| 1601 | Sausages and similar products of meat, meat offal or blood; food preparations based on these products |
| 1602.10.00 | Homogenized preparations of meat, meat offal or blood, other than sausages and similar products |
| 1602.20.20 | Prepared or preserved liver of goose |
| 1602.20.40 | Prepared or preserved liver of any animal other than of goose |
| 1602.31.00 | Prepared or preserved meat or meat offal of turkeys, other than sausages and similar products |
| 1602.32.00 | Prepared or preserved meat or meat offal of chickens, other than sausages and similar products |
| 1602.39.00 | Prepared or preserved meat or meat offal of ducks, geese or guineas, other than sausages and similar products |
| 1602.41.10 | Prepared or preserved pork ham and cuts thereof, containing cereals or vegetables |
| 1602.41.20 | Pork hams and cuts thereof, not containing cereals or vegetables, boned and cooked and packed in airtight containers |
| 1602.41.90 | Prepared or preserved pork hams and cuts thereof, not containing cereals or vegetables, other than boned and cooked and packed in airtight containers |
| 1602.42.20 | Pork shoulders and cuts thereof, boned and cooked and packed in airtight containers |
| 1602.42.40 | Prepared or preserved pork shoulders and cuts thereof, other than boned and cooked and packed in airtight containers |
| 1602.49.10 | Prepared or preserved pork offal, including mixtures |
| 1602.49.20 | Pork other than hams, shoulders or cuts thereof, not containing cereals or vegetables, boned and cooked and packed in airtight containers |
| 1602.49.40 | Prepared or preserved pork, not containing cereals or vegetables, nesoi1 |
| 1602.49.60 | Prepared or preserved pork mixed with beef |
| 1602.49.90 | Prepared or preserved pork, nesoi1 |
| 1602.50.05 | Prepared or preserved offal of bovine animals |
| 1602.50.09 | Prepared or preserved meat of bovine animals, cured or pickled, not containing cereals or vegetables |
| 1602.50.10 | Corned beef in airtight containers |
| 1602.50.20 | Prepared or preserved beef in airtight containers, other than corned beef, not containing cereals or vegetables, not cured or pickled |
| 1602.50.60 | Prepared or preserved meat of bovine animals, not containing cereals or vegetables, not in airtight containers |
| 1602.50.90 | Prepared or preserved meat of bovine animals, containing cereals or vegetables |
| 1704.10.00 | Chewing gum, whether or not sugar-coated |
| 1704.90.25 | Sugar confectionary cough drops |
| 1806.31.00 | Chocolate and other cocoa preparations, in blocks, slabs or bars, filled, weighing not more than 2 kg |
| 1905.40.00 | Rusks, toasted bread and similar toasted products |
| 2002.10.00 | Tomatoes, whole or in pieces, prepared or preserved otherwise than by vinegar or acetic acid |
| 2002.90.40 | Tomatoes, in powder |
| 2002.90.80 | Tomatoes, other than whole or in pieces and other than in powder (including paste and puree), prepared or preserved otherwise than by vinegar or acetic acid |
| 2007.99.05 | Lingonberry and raspberry jams obtained by cooking |
| 2008.30.42 | Satsumas, prepared or preserved, in airtight containers, aggregate quantity not over 40,000 metric tons/calendar year |
| 2008.30.46 | Satsumas, prepared or preserved, in airtight containers, aggregate quantity over 40,000 metric tons/calendar year |
| 2008.40.00 | Pears, otherwise prepared or preserved, nesoi1 |
| 2008.70.20 | Peaches (excluding nectarines), otherwise prepared or preserved, nesoi1 |
| 2009.61.00 | Grape juice (including grape must), of a Brix value not exceeding 30 |
| 2009.69.00 | Grape juice (including grape must), of a Brix value exceeding 30 |
| 2009.80.60 | Juice of any single fruit (including cherries and berries), concentrated or not concentrated, other than citrus, pineapple, tomato, grape, apple, pear or prune juices |
| 2009.90.40 | Mixtures of fruit juices, or mixtures of vegetable and fruit juices |
| 2101.30.00 | Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof |
| 2103.30.40 | Prepared mustard |
| 2104.10.00 | Soups and broths and preparations therefor |
| 2201.10.00 | Mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavored |
| 2309.90.10 | Mixed feed or mixed feed ingredients of a kind used in animal feeding |
| 3506.10.50 | Products suitable for use as glues or adhesives, put up for retail sale, not exceeding 1 kg, including fish glue but not other animal glue |
| 5504.10.00 | Viscose rayon staple fibers, not carded, combed or otherwise processed for spinning |
| 5510.11.00 | Single yarn (other than sewing thread) containing 85% or more by weight of artificial staple fibers, not put up for retail sale |
| 8510.20.10 | Hair clippers, with self-contained electric motor, to be used for agricultural or horticultural purposes |
| 8510.20.90 | Hair clippers, with self-contained electric motor, other than those to be used for agricultural or horticultural purposes |
| 8711.20.00 | Motorcycles (incl. mopeds) and cycles, fitted with reciprocating internal-combustion piston engine with cylinder capacity of over 50 cc but not over 250 cc |
| 8711.30.00 | Motorcycles (incl. mopeds) and cycles, fitted with reciprocating internal-combustion piston engine with cylinder capacity of over 250 cc but not over 500 cc |
1not elsewhere specified or included
(See ITT's Online Archives or 04/02/08 news, 08040215, for BP summary of a March 2008 WTO DSP "mixed ruling" in the subject dispute, with links to previous notices.)
| Gwendolyn Diggs (comment filing questions) | (202) 395-5830 |
| Roger Wentzel (hormone dispute questions) | (202) 395-6127 |
| William Busis (Section 301 questions) | (202) 395-3150 |
USTR notice (as published on the USTR Web site) available at http://edocket.access.gpo.gov/2008/pdf/E8-26545.pdf
USTR press release (dated 10/31/08) available at http://www.ustr.gov/Document_Library/Press_Releases/2008/October/USTR_Seeks_Public_Comments_on_Possible_Changes_to_Product_List_in_EU_Beef_Hormones_Dispute_printer.html