Section 301 Petition on Mexico's Acts, Policies, and Practices Concerning Seasonal and Perishable Agricultural Products
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Issuing agencies
Abstract
On September 8, 2022, the Office of the United States Trade Representative (USTR) received a petition requesting an investigation of certain alleged acts, policies, and practices of the government of Mexico concerning seasonal and perishable agricultural products. Due to the complexities of the factual and legal issues raised in the petition, the U.S. Trade Representative could not conclude during the 45-day statutory review period that an investigation would be effective and is not opening an investigation at this time. In light of challenges faced by U.S. producers, USTR in coordination with the U.S. Department of Agriculture (USDA) will establish a private-sector industry advisory panel to recommend measures to promote the competitiveness of producers of seasonal and perishable produce in the southeastern United States. Furthermore, USTR and USDA will work with the petitioners and producers to examine the issues raised in the petition and to consider any further actions that may be appropriate.
Full Text
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<title>Federal Register, Volume 87 Issue 208 (Friday, October 28, 2022)</title>
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[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Notices]
[Page 65280]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23502]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Section 301 Petition on Mexico's Acts, Policies, and Practices
Concerning Seasonal and Perishable Agricultural Products
AGENCY: Office of the United States Trade Representative.
ACTION: Notice.
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SUMMARY: On September 8, 2022, the Office of the United States Trade
Representative (USTR) received a petition requesting an investigation
of certain alleged acts, policies, and practices of the government of
Mexico concerning seasonal and perishable agricultural products. Due to
the complexities of the factual and legal issues raised in the
petition, the U.S. Trade Representative could not conclude during the
45-day statutory review period that an investigation would be effective
and is not opening an investigation at this time. In light of
challenges faced by U.S. producers, USTR in coordination with the U.S.
Department of Agriculture (USDA) will establish a private-sector
industry advisory panel to recommend measures to promote the
competitiveness of producers of seasonal and perishable produce in the
southeastern United States. Furthermore, USTR and USDA will work with
the petitioners and producers to examine the issues raised in the
petition and to consider any further actions that may be appropriate.
DATES: This notice is applicable on October 23, 2022.
FOR FURTHER INFORMATION CONTACT: Assistant General Counsels David Lyons
at (202) 395-9446 or Rachel Hasandras at (202) 395-5725, or Director
for Agricultural Affairs Colby Branch at (202) 395-9070.
SUPPLEMENTARY INFORMATION: On September 8, 2022, certain members of
Florida's congressional delegation filed a petition under section
302(a) of the Trade Act of 1974, as amended (Trade Act) alleging that
certain acts, policies, and practices of the government of Mexico
concerning seasonal and perishable agricultural products constitute an
export targeting scheme, and that the alleged scheme is unreasonable
and burdens or restricts U.S. commerce. The alleged export targeting
scheme has two components. First, the petition alleges that beginning
in the early 2000s Mexico has used certain programs specifically to
subsidize its seasonal and perishable agricultural industry, and to
enable that industry to expand its exports to the United States.
Second, the petition alleges that wage rates in Mexico give Mexico's
seasonal and perishable agriculture industry an unfair competitive
advantage. The petition claims that the alleged export targeting scheme
has resulted in a surge in imports of seasonal and perishable
agricultural products from Mexico, and that Florida producers are
adversely affected.
Section 302(a)(2) of the Trade Act provides that the U.S. Trade
Representative must determine whether to initiate an investigation not
later than 45 days after the filing of a petition (in this case, by
October 23, 2022). Section 302(c) of the Trade Act provides that in
determining whether to initiate a Section 301 investigation, the U.S.
Trade Representative has discretion to determine whether action under
Section 301 would be effective in addressing an alleged act, policy, or
practice. Section 305(b) of the Trade Act provides for a private-sector
advisory panel as a specific response to export targeting.
Evaluation of the petition entails a detailed review and analysis
of multiple government measures, and legal analyses of the interplay
between the measures and legal standards under Section 301. Due to the
complexity of the legal and factual issues raised in the petition, the
U.S. Trade Representative could not conclude within the 45-day
statutory period that a formal 301 investigation would be effective and
is not opening an investigation at this time. The U.S. Trade
Representative made the decision under Section 302(c) on October 22,
2022.
In light of challenges faced by southeastern U.S. producers as
described in the petition, USTR announced on October 23, 2022, that
USTR in coordination with USDA will establish a private-sector industry
advisory panel to recommend measures to promote the competitiveness of
producers of seasonal and perishable produce in the southeastern United
States. USTR and USDA will consider recommendations of the advisory
panel and work with Members of Congress as appropriate to develop
possible administrative actions and legislation that would benefit U.S.
producers. Furthermore, USTR and USDA will work with the petitioners
and producers to examine the issues raised in the petition and to
consider any further actions that may be appropriate.
Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2022-23502 Filed 10-27-22; 8:45 am]
BILLING CODE 3390-F3-P
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