[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Notices]
[Page 17053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8647]



[[Page 17053]]

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OFFICE OF THE U.S. TRADE REPRESENTATIVE


Identification of Priority Foreign Country Practices and Foreign 
Countries Engaging in Discriminatory Procurement Practices; Request for 
Public Comment

AGENCY: Office of the United States Trade Representative.

ACTION: Request for written submissions from the public.

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SUMMARY: Executive Order 13116 of March 31, 1999 requires the United 
States Trade Representative (USTR): to review United States trade 
expansion priorities and to identify priority foreign country 
practices, the elimination of which is likely to have the most 
significant potential to increase United States exports, either 
directly or through the establishment of a beneficial precedent; and to 
identify foreign countries engaging in discriminatory government 
procurement practices. USTR is requesting written submissions from the 
public concerning practices that should be considered by the USTR for 
these purposes.

DATES: Submissions must be received by 12:00 noon on April 19, 1999.

ADDRESSES: Office of the U.S. Trade Representative, 600 17th Street, 
NW, Washington, D.C. 20508.

FOR FURTHER INFORMATION CONTACT: Questions concerning the filing of 
submissions should be directed to Sybia Harrison, Staff Assistant to 
Section 301 Committee, (202) 395-3432; legal questions regarding 
Executive Order 13116 and Super 301 should be addressed to Demetrios 
Marantis, Assistant General Counsel, (202) 395-9626; and legal 
questions regarding Title VII should be addressed to Stephen Kho, 
Assistant General Counsel, (202) 395-3581.

SUPPLEMENTARY INFORMATION: Pursuant to section 310 of the Trade Act of 
1974 (referred to as ``Super 301''), Executive Orders 12901 of March 3, 
1994 (59 F.R. 10727) and 12973 of September 17, 1995 (60 F.R. 516655), 
and section 314 of the Uruguay Round Agreements Act, USTR submitted 
annual reports to the appropriate Congressional committees in calendar 
years 1989-90 and 1994-97 reviewing U.S. trade expansion priorities and 
identifying priority foreign country practices, the elimination of 
which is likely to have the most significant potential to increase U.S. 
exports. Pursuant to Title VII of the Omnibus Trade and Competitiveness 
Act of 1988, as amended, the President submitted annual reports to 
Congress in calendar years 1989-96 identifying foreign countries that 
failed to comply with their obligations under the Agreement on 
Government Procurement (GPA) and other government procurement 
agreements, or otherwise discriminated against U.S. products and 
services in government procurement.

    By Executive Order 13116 of March 31, 1999, the President re-
instituted Super 301 and Title VII procedures for calendar years 1999-
2001. Part I of Executive Order 13116 requires the USTR, no later than 
April 30, to review United States trade expansion priorities and 
identify priority foreign country practices, the elimination of which 
is likely to have the most significant potential to increase United 
States exports, either directly or through the establishment of a 
beneficial precedent. Part II of Executive Order 13116 requires the 
USTR, no later than April 30, to review and identify other countries' 
compliance with the GPA and other government procurement agreement 
obligations, or otherwise maintain, in government procurement, a 
significant and persistent practice of discrimination against U.S. 
products or services which results in identifiable harm to United 
States businesses and whose products or services are acquired in 
significant amounts by the United States Government. The USTR must 
submit to the congressional committees of jurisdiction a report on the 
priority foreign country practices identified under Part I of the 
Executive Order and on countries identified under Part II of the 
Executive Order and publish the report(s) in the Federal Register. The 
USTR also may describe in the report(s) foreign country practices that 
may warrant identification in the future or that were not identified 
because they are being addressed by provisions under U.S. trade law, 
existing bilateral trade agreements, or in trade negotiations and 
progress is being made toward their elimination.
    Executive Order 13116 also requires the Trade Representative to 
initiate investigations under section 302(b)(1) of the Trade Act of 
1974 as amended (19 U.S.C. 2412 (b)(1)), no later than 90 days after 
submission of the report(s), with respect to any of the identified 
practices that have not been satisfactorily resolved in the interim.

Requirements for Submissions

    The USTR invites submissions on priority foreign country practices 
and countries engaging in discriminatory government procurement 
practices that should be considered for identification under Executive 
Order 13116. If the practice was the subject of comments previously 
submitted in connection with the 1999 National Trade Estimate Report on 
Foreign Trade Barriers (1999 NTE Report), the present submission should 
identify the related comments in the NTE public docket and include any 
additional pertinent information, including information explaining why 
the practice rises to the level of a ``priority foreign country 
practice'' within the meaning of Executive Order 13116. If the practice 
was not the subject of comments submitted in connection with the 1999 
NTE Report, the submission should: (1) include information on the 
nature and significance of the practice; (2) identify the United States 
product, service, intellectual property right, or foreign direct 
investment matter which is affected by the practice; and (3) provide 
any other information considered relevant. Such information may include 
information on the relevant trade or government procurement agreements 
to which a foreign country is a party, its compliance with those 
agreements, and any other information related to the factors set forth 
in Parts I and II of Executive Order 13116 for identification of 
priority foreign country practices and countries that engage in 
discriminatory government procurement practices.
    Interested persons must provide twenty copies of any submission, in 
English, to Sybia Harrison, Staff Assistant to Section 301 Committee, 
Office of the United States Trade Representative, by noon on April 19, 
1999. Because submissions will be placed in a public file, open to 
public inspection at USTR, business-confidential information should not 
be submitted. Inspection is by appointment only with the staff of the 
USTR Public Reading Room and can be arranged by calling Brenda Webb 
(202) 395-6186. The Reading Room is open to the public from 9:30 a.m. 
to 12 noon, and from 1 p.m. to 4 p.m., Monday through Friday.
Joanna McIntosh,
Chairman, Section 301 Committee.
[FR Doc. 99-8647 Filed 4-5-99; 8:45 am]
BILLING CODE 3190-U-P