[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Notices]
[Pages 33147-33148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16320]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number 301-92]


Notice of Determinations and Further Monitoring: People's 
Republic of China's Implementation of the 1995 Agreement on Enforcement 
of Intellectual Property and Market Access

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of determinations and further monitoring.

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SUMMARY: On May 15, 1996, based on monitoring carried out pursuant to 
subsection 306(a) of the Trade Act of 1974 (Trade Act) (19 U.S.C. 
2416(a)), the Acting United States Trade Representative (USTR) 
announced that China was not satisfactorily implementing the 1995 
Agreement on Enforcement of Intellectual Property Rights and Market 
Access (1995 Agreement) and requested public comment on a proposed 
action in response. See 61 FR 2500 of May 17, 1996. In addition, the 
USTR directed the Commissioner of Customs to limit, by date of export, 
entries of textile and apparel products listed in Annex II to the 
notice in the Federal Register. This action was necessary to prevent 
import surges and was taken pursuant to a determination under section 
304(b)(1) of the Trade Act that expeditious action was necessary. On 
June 12, 1996, this limitation was extended for a further 30-day period 
commencing on June 14, 1996.
    On June 17, 1996, the USTR announced that, based on the measures 
that China has taken and will take in the future to implement key 
elements of the 1995 Agreement, the proposed sanctions would not be 
imposed. In addition, the USTR determined to revoke China's designation 
as a ``Priority Foreign Country'' under section 182 of the Trade Act 
(19 U.S.C. 2242). The USTR has also determined that the limitation on 
textile and apparel imports to prevent import surges should be 
terminated upon publication of this Notice and has directed the 
Commissioner of Customs accordingly.
    The USTR will continue to monitor China's implementation of the 
1995

[[Page 33148]]

Agreement, including the measures set forth in the ``Report on China's 
Enforcement Measures'' and ``Other Measures'' of June 17, 1996, 
pursuant to section 306 of the Trade Act.

EFFECTIVE DATES: USTR's determinations as to the termination of the 
import surge mechanism and revocation of China's designation as a 
priority foreign country were made on June 17, 1996, and are effective 
June 26, 1996.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street NW., Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:
Deborah Lehr, Deputy Assistant USTR for China and Mongolian Affairs 
(202) 395-5050 or Catherine Field, Senior Counsel for Multilateral 
Affairs (202) 395-3432.

SUPPLEMENTARY INFORMATION: On May 15, 1996, the USTR announced that 
based on monitoring carried out pursuant to section 306(a) of the Trade 
Act, China was not satisfactorily implementing the 1995 Agreement on 
Enforcement of Intellectual Property Rights and Market Access (1995 
Agreement). Pursuant to sections 301 (a) and (c)(1) and section 
306(b)(1), the USTR proposed to impose increased duties on selected 
products of China and requested public comment on that proposed action. 
See 61 FR 2500 of May 17, 1996, for background on the announcement and 
proposed action.
    To prevent import surge of products subject to quantitative 
restraints, pursuant to section 304(b)(1) and sections 301 (a) and (c) 
the USTR directed the Commissioner of Customs to limit the quantity of 
imports of the textile and apparel products listed in Annex II to that 
Federal Register notice. On June 12, 1996, the USTR extended her 
directive for an additional 30-day period commencing on June 14, 1996.
    On June 17, 1996, the Chinese government confirmed that two 
documents of that date, entitled ``Report on China's Enforcement 
Measures'' and ``Other Measures'' are an accurate description of the 
measures that the Chinese government has taken and will take in the 
future to implement key elements of the 1995 Agreement. Based on this 
confirmation, on June 17, 1996, the USTR, pursuant to section 
301(a)(2)(B)(i) of the Trade Act, determined not to impose the proposed 
sanctions and to terminate the directive to Customs limiting entry of 
certain products. In addition, pursuant to section 182(c)(1)(A) of the 
Trade Act, the USTR determined to revoke China's designation as a 
``priority foreign country.''
    Pursuant to section 306 of the Trade Act the USTR will monitor 
China's implementation of the 1995 Agreement, including the measures 
described in the documents of June 17, 1996. If, on the basis of this 
monitoring, the USTR considers that China is not satisfactorily 
implementing the 1995 Agreement or these measures, the USTR will decide 
what further action to take under section 301(a) of the Trade Act.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 96-16320 Filed 6-25-96; 8:45 am]
BILLING CODE 3190-01-M