[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Notices]
[Pages 2578-2580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-620]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
2010 Special 301 Review: Identification of Countries Under
Section 182 of the Trade Act of 1974: Request for Public Comment and
Announcement of Public Hearing
AGENCY: Office of the United States Trade Representative.
ACTION: Request for written submissions from the public and
announcement of public hearing.
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SUMMARY: Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C.
2242) requires the United States Trade Representative (USTR) to
identify countries that deny adequate and effective protection of
intellectual property rights (IPR) or deny fair and equitable market
access to U.S. persons who rely on intellectual property protection.
(The provisions of Section 182 are commonly referred to as the
``Special 301'' provisions of the Trade Act.). The USTR is required to
determine which, if any, of these countries should be identified as
Priority Foreign Countries. Acts, policies, or practices that are the
basis of a country's identification as a Priority Foreign Country can
be subject to the procedures set out in sections 301-305 of the Trade
Act.
In addition, USTR has created a ``Priority Watch List'' and ``Watch
List'' to assist the Administration in pursuing the goals of the
Special 301 provisions. Placement of a trading partner on the Priority
Watch List or Watch List indicates that particular problems exist in
that country with respect to IPR protection, enforcement, or market
access for persons relying on intellectual property. Trading partners
placed on the Priority Watch List are the focus of increased bilateral
attention concerning the problem areas.
USTR chairs an interagency team that reviews information from many
sources, and that consults with and makes recommendations to the USTR
on issues arising under Special 301. Written submissions from
interested persons are a key source of information for the Special 301
review process. In 2010, USTR through the Special 301
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Committee will conduct a public hearing as part of the review process.
USTR is hereby requesting written submissions from the public
concerning foreign countries' acts, policies, or practices that are
relevant to the decision on whether a particular trading partner should
be identified as a priority foreign country under Section 182 of the
Trade Act or placed on the Priority Watch List or Watch List.
Interested parties, including foreign governments, who want to testify
at the public hearing must submit a request to testify at the hearing
and a short hearing statement. The deadlines for these procedures are
set out below.
DATES: The schedule for the 2010 Special 301 review is set forth below.
Tuesday, February 16, 2010 (by 5 p.m.)--For interested parties,
except for foreign governments: Submit written comments, requests to
testify at the Special 301 Public Hearing, and hearing statements.
Tuesday, February 23, 2010 (by 5 p.m.)--For foreign governments:
Submit written comments, requests to testify at the Special 301 Public
Hearing, and hearing statements.
Wednesday, March 3, 2010, and additional days from March 4-8, 2010
as necessary--Special 301 Committee Public Hearing for interested
parties, including representatives of foreign governments, will be held
at the United States International Trade Commission, 500 E St. SW.,
Washington, DC 20436.
On or about April 30, 2010--In accordance with statutory
requirements, USTR will publish the 2010 Special 301 Report on or about
April 30, 2010.
ADDRESSES: All written comments, requests to testify, and hearing
statements should be sent electronically via http://www.regulations.gov, docket number USTR-2010-0003. Submissions should
contain the term ``2010 Special 301 Review'' in the ``Type comment &
Upload file'' field on http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jennifer Choe Groves, Senior Director
for Intellectual Property and Innovation and Chair of the Special 301
Committee, Office of the United States Trade Representative, at (202)
395-4510. Further information about Special 301 can be located at
http://www.ustr.gov.
SUPPLEMENTARY INFORMATION:
1. Background
USTR requests that interested persons identify those countries that
deny adequate and effective protection for intellectual property rights
or deny fair and equitable market access to U.S. persons who rely on
intellectual property protection. USTR requests that, where relevant,
submissions mention particular regions, provinces, states, or other
subdivisions of a country in which an act, policy, or practice is
believed to warrant special attention. Submissions may report positive
or negative developments with respect to these sub-national entities.
Section 182 contains a special rule regarding actions of Canada
affecting United States cultural industries. The USTR must identify any
act, policy or practice of Canada that affects cultural industries, is
adopted or expanded after December 17, 1992, and is actionable under
Article 2106 of the North American Free Trade Agreement (NAFTA). USTR
must make the above-referenced identifications within 30 days after
publication of the National Trade Estimate (NTE) report, i.e.,
approximately April 30, 2010.
2. Public Comments
a. Written Comments
The Special 301 Committee invites written submissions from the
public concerning foreign countries' acts, policies, or practices that
are relevant to the decision whether a particular trading partner
should be identified under Section 182 of the Trade Act. As noted
above, interested parties, except for foreign governments, must submit
written comments by February 16, 2010 at 5 p.m. Interested foreign
governments must submit written comments by February 23, 2010 at 5 p.m.
b. Requirements for Comments
Written comments should include a description of the problems
experienced by the submitter and the effect of the acts, policies, and
practices on U.S. industry. Comments should be as detailed as possible
and should provide all necessary information for assessing the effect
of the acts, policies, and practices. Any comments that include
quantitative loss claims should be accompanied by the methodology used
in calculating such estimated losses. Comments must be in English. All
comments should be sent electronically via http://www.regulations.gov,
docket number USTR-2010-0003.
To submit comments to http://www.regulations.gov, find the docket
by entering the number USTR-2010-0003 in the ``Enter Keyword or ID''
window at the http://www.regulations.gov home page and click
``Search.'' The site will provide a search-results page listing all
documents associated with this docket. Find a reference to this notice
by selecting ``Notice'' under ``Document Type'' on the left side of the
search-results page, and click on the link entitled ``Submit a
comment.'' (For further information on using the http://www.regulations.gov Web site, please consult the resources provided on
the Web site by clicking on ``How to Use This Site'' on the left side
of the home page).
The http://www.regulations.gov site provides the option of
providing comments by filling in a ``Type comment & Upload file''
field, or by attaching a document. It is USTR's preference that
comments be provided in an attached document. If a document is
attached, please type ``2010 Special 301 Review'' in the ``Type comment
& Upload file'' field. USTR prefers submissions in Microsoft Word
(.doc) or Adobe Acrobat (.pdf). If the submission is in an application
other than those two, please indicate the name of the application in
the ``Comments'' field.
3. Public Hearing
a. Notice of Public Hearing
The Special 301 Committee will hold a public hearing at the United
States International Trade Commission, 500 E St. SW., Washington, DC
20436 for interested parties, including representatives of foreign
governments, beginning on March 3 and continuing through March 4-8 (as
necessary). The hearing will be open to the public, and a transcript of
the hearing will be made available on http://www.ustr.gov.
b. Submission of Requests To Testify at the Public Hearing and Hearing
Statements
All interested parties, except foreign governments, wishing to
testify at the hearing must submit, by 5 p.m. on February 16, 2010, a
``Notice of Intent to Testify'' and ``Hearing Statement'' to http://www.regulations.gov (following the procedures set forth in
``Requirements for Comments'' above), the name of the witness, name of
the organization (if applicable), address, telephone number, fax
number, and e-mail address. Oral testimony before the Special 301
Committee will be limited to one five-minute presentation in English. A
five-minute period will be allowed for questions from the Special 301
Committee. If those testifying wish to submit a longer ``Hearing
Statement'' for the record, it must accompany the ``Notice of Intent to
Testify'' to be submitted on February 16, 2010.
All interested foreign governments who wish to testify at the
hearing must submit, by 5 p.m. on February 23, 2010, a ``Notice of
Intent to Testify'' to http://www.regulations.gov (following the
procedures set forth in ``Requirements
[[Page 2580]]
for Comments'' above), the name of the witness, name of the
organization (if applicable), address, telephone number, fax number,
and e-mail address. Oral testimony before the Special 301 Committee
will be limited to one five-minute presentation in English. A five-
minute period will be allowed for questions from the Special 301
Committee. If foreign governments testifying wish to submit a ``Hearing
Statement'' for the record, it must be submitted by February 23, 2010.
4. Business Confidential Information
A person requesting that information contained in a comment
submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Confidential business information must be clearly designated as such,
the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top and
bottom of the cover page and each succeeding page, and the submission
should indicate, via brackets, the specific information that is
confidential. Additionally, ``Business Confidential'' should be
included in the ``Type comment & Upload file'' field. Anyone submitting
a comment containing business confidential information must also submit
as a separate submission a non-confidential version of the confidential
submission, indicating where confidential information has been
redacted. The non-confidential summary will be placed in the docket and
open to public inspection.
5. Inspection of Comments, Notices, and Hearing Statements
USTR will maintain a docket on the 2010 Special 301 Review,
accessible to the public. The public file will include non-confidential
comments, notices of intent to testify, and hearing statements received
by USTR from the public, including foreign governments, with respect to
the 2010 Special 301 Review. Comments will be placed in the docket and
open to public inspection pursuant to 15 CFR 2006.13, except
confidential business information exempt from public inspection in
accordance with 15 CFR 2006.15. Comments may be viewed on the http://www.regulations.gov Web site by entering docket number USTR-2010-0003
in the search field on the home page.
Stanford K. McCoy,
Assistant U.S. Trade Representative for Intellectual Property and
Innovation.
[FR Doc. 2010-620 Filed 1-14-10; 8:45 am]
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