[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]
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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.
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[[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granted, GSP benefits may be withdrawn, suspended or limited by the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