[Federal Register Volume 62, Number 13 (Tuesday, January 21, 1997)] [Notices] [Pages 3072-3073] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-1524] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Generalized System of Preferences; Intellectual Property Rights; Request for Public Comment on Products Affected by Partial Withdrawal of Argentina's Benefits AGENCY: Office of the United States Trade Representative. ACTION: Notice and request for public comment. ----------------------------------------------------------------------- [[Page 3073]] SUMMARY: This notice informs the public that in light of his determination that Argentina fails to provide adequate and effective means under its laws for foreign nationals to secure, to exercise, and to enforce exclusive rights in intellectual property, the President has indicated his intention to withdraw partially duty-free treatment accorded Argentina under the Generalized System of Preferences (GSP) program. Specifically, the President has indicated his intention to withdraw fifty percent of Argentina's benefits under the GSP program. This notice invites public comments on which products will be affected. DATES: Comments are due by 5 p.m. on Wednesday, February 19, 1997. FOR FURTHER INFORMATION CONTACT: GSP Subcommittee, Office of the United States Trade Representative (USTR), 600 17th Street, N.W., Room 518, Washington, D.C. 20508. The telephone number is (202) 395-6971. SUPPLEMENTARY INFORMATION: I. The GSP Program The GSP program grants duty-free treatment to designated eligible articles that are imported from designated beneficiary developing countries. The program is authorized by Title V of the Trade Act of 1974, as amended (``Trade Act'') (19 U.S.C. 2461 et seq.). Once granted, GSP benefits may be withdrawn, suspended or limited by the President with respect to any article or with respect to any country. In making this determination, the President must consider several factors, one of which is the extent to which a beneficiary country is providing adequate and effective means under its laws for foreign nationals to secure, to exercise, and to enforce exclusive rights in intellectual property, including patents, trademarks and copyrights. 19 U.S.C. 2462(c)(5). II. IPR Protection in Argentina On April 30, 1996, the USTR announced that Argentina was being moved from the Watch List to the Priority Watch List under the ``Special 301'' provisions of the Trade Act, given that Argentina's newly enacted patent legislation and an implementing decree fell fall short of adequate and effective protection, and failed to achieve earlier Argentine assurances. The USTR also announced that she would continue to seek improvements, monitor the situation and review Argentina's status through an out-of-cycle review in December 1996. Despite sustained efforts by the Menem Administration, there have been inadequate improvements in Argentina's patent regime since April 1996, and Argentina's recently enacted legislation on the protection of test data submitted for marketing approval of pharmaceutical products falls well short of international standards. As a result, the President has determined that Argentina fails to provide adequate and effective means under its laws for foreign nationals to secure, to exercise, and to enforce exclusive rights in intellectual property. He has therefore indicated his intention to withdraw benefits for fifty percent of Argentina's exports under the GSP program. The public is invited to comment on which of the products of Argentina currently enjoying GSP benefits should be subject to the withdrawal. The Presidential Proclamation partially withdrawing GSP benefits will be issued and published in the Federal Register after all comments are received and reviewed. In order to give U.S. importers sufficient time to adjust, the partial withdrawal of GSP benefits for the products of Argentina will be effective 30 days after the publication of the Proclamation in the Federal Register. III. Public Comment: Requirements for Submissions Interestedd persons are invited to submit written comments concerning which products of Argentina should or should not be subject to the withdrawal of GSP benefits. Comments must be filed in accordance with the requirements set forth in 15 CFR 2007, including the information required by 15 CFR 2007.1, and must be filed on or before 5 p.m. on Wednesday, February 19, 1997. Comments must be in English and provided with the original plus fourteen copies to: GSP Subcommittee, Office of the U.S. Trade Representative, 600 17th Street, N.W., Room 518, Washington, D.C. 20508. Comments received after the deadline will not be accepted. Pursuant to the requirements of 15 CFR 2007.7, information submitted in confidence will be exempt from public inspection if it is determined that the disclosure of such information is not required by law. A party requesting an exemption from public inspection for information submitted must clearly mark each page ``Submitted in Confidence'' at the top, and must submit the original plus fourteen copies of non-confidential version of the submission containing a non- confidential summary of the confidential information. That party must also provide a written explanation of why the material should be so protected. The version that does not contain confidential information. That party must also provide a written explanation of why the material should be so protected. The version that does not contain confidential information must be clearly marked with ``public version'' on the top of each page. Written comments submitted in connection with these decisions, except for information granted ``business confidential'' status pursuant to 15 CFR 2007.7, will be available for public inspection shortly after the filing deadline by appointment only with the staff of the USTR Public Reading Room. An appointment to review the comments may be made by calling Brenda Webb (202) 395-6186. The USTR Reading Room is open to the public from 10:00 a.m. to 12 noon and 1:00 p.m. to 4:00 p.m., Monday through Friday, and is located in Room 101. Other requests and questions should be directed to the GSP Information Center at USTR by calling (202) 395-6971. Federick L. Montgomery, Chairman, Trade Policy Staff Committee. [FR Doc. 97-1524 Filed 1-17-97; 8:45 am] BILLING CODE 3190-01-M