[Federal Register Volume 63, Number 36 (Tuesday, February 24, 1998)]
[Notices]
[Page 9292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4680]
[[Page 9292]]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-117]
Initiation of Section 301 Investigation and Request for Public
Comment: Intellectual Property Laws and Practices of the Government of
Paraguay
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of initiation of investigation; request for written
comments.
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SUMMARY: The United States Trade Representative (USTR) has initiated a
Section 301 investigation with respect to certain acts, policies and
practices of the Government of Paraguay that deny adequate and
effective protection of intellectual property rights. USTR invites
written comments from the public on the matters being investigated.
DATES: This investigation was initiated on Tuesday, February 17, 1998.
Written comments from the public are due on or before noon on Monday,
March 23, 1998.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street, N.W., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT:
Claude Burcky, Director for Intellectual Property, (202) 395-6864;
Kellie Meiman, Director for Southern Cone Affairs, (202) 395-5190; or
Geralyn S. Ritter, Assistant General Counsel, (202) 395-6800.
SUPPLEMENTARY INFORMATION: Section 182 of the Trade Act (19 U.S.C.
2242) requires the USTR to identify foreign countries that deny
adequate and effective protection of intellectual property rights or
that deny fair and equitable market access to persons that rely on
intellectual property protection. Accordingly, on January 16, 1998, the
USTR identified Paraguay as a Priority Foreign County under that
provision. In identifying Paraguay as a Priority Foreign Country, the
USTR noted deficiencies in Paraguay's acts, policies and practices
regarding intellectual property, including a lack of effective action
to enforce intellectual property rights, as evidenced by the alarming
levels of piracy and counterfeiting within the country and along its
borders with Argentina and Brazil. The USTR also observed that the
Government of Paraguay has failed to enact adequate and effective
intellectual property legislation covering patents, copyrights and
trademarks.
Investigation and Consultations
Section 302(b)(2)(A) of the Trade Act) (19 U.S.C. 2412(b)(2)(A)),
requires the USTR to initiate an investigation of any act, policy or
practice that was the basis of the identification of a country as a
Priority Foreign Country under section 182(a)(2) of the Trade Act,
unless such acts, policies and practices are already subject to
investigation or action under the Section 301 chapter of the Trade Act,
or the investigation is not in the national economic interest. The
purpose of the investigation initiated under Section 302 is to
determine whether such act, policy or practice is actionable under
Section 301 of the Trade Act.
As required by Section 303(a) of the Trade Act, the USTR has
requested consultations with the Government of Paraguay regarding the
issues under investigation. USTR will seek information and advice from
appropriate representatives provided for under Section 135 of the Trade
Act in preparing the U.S. presentations for such consultations.
Within 6 months after the date on which this investigation was
initiated, (i.e., on or before August 16, 1998), pursuant to Section
304 of the Trade Act, the USTR must determine on the basis of the
investigation and the consultations, whether any act, policy or
practice described in Section 301 of the Trade Act exists. If that
determination is affirmative, the USTR must decide what action, if any,
to take under Section 301 of the Trade Act. The deadline for making
these determinations may, however, be extended to 9 months after the
date of initiation of this investigation if the USTR determines that
certain conditions are met.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the acts, policies and practices of the Government of
Paraguay which are the subject of this investigation; the amount of
burden or restriction on U.S. commerce caused by these acts, policies
and practices; and the determinations required under Section 304 of the
Trade Act regarding whether they are actionable under Section 301 and,
if affirmative, the appropriate action to take in response. Comments
must be filed in accordance with the requirements set forth in 15 CFR
2006.8(b) (55 FR 20,593) and must be filed on or before noon on Monday,
March 23, 1998. Comments must be in English and provided in twenty
copies to: Sybia Harrison, Staff Assistant to the Section 301
Committee, Room 416, Office of the U.S. Trade Representative, 600 17th
Street, NW, Washington, D.C. 20508.
Comments will be placed in a file (Docket 301-117) 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. Confidential business information submitted in accordance with
15 CFR 2006.15 must be clearly market ``BUSINESS CONFIDENTIAL'' in a
contrasting color ink at the top of each page on each of 20 copies, and
must be accompanied by a nonconfidential summary of the confidential
information. The nonconfidential summary shall be placed in the file
that is open to public inspection. An appointment to review the docket
(Docket No. 301-117) may be made by calling Brenda Webb (202) 395-6186.
The USTR Reading Room is open to the public from 9:30 a.m. to 12 noon
and 1:00 p.m. to 4:00 p.m., Monday through Friday, and is located in
Room 101.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 98-4680 Filed 2-23-98; 8:45 am]
BILLING CODE 3190-01-M