[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)] [Notices] [Pages 63186-63187] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 02-25875] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Identification of Countries Under Section 182 of the Trade Act of 1974: Request for Public Comment AGENCY: Office of the United States Trade Representative. ACTION: Request for written submissions from the public. ----------------------------------------------------------------------- SUMMARY: Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242), requires the United States Trade Representative (USTR) to identify [[Page 63187]] countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. (Section 182 is commonly referred to as the ``Special 301'' provisions in the Trade Act.) On April 30, 2002 USTR announced the results of the 2002 Special 301 review. As part of that announcement it was stated that several Out-of-Cycle Reviews (OCRs) would be conducted this fall. USTR requests written comments from the public concerning the acts, policies, and practices of those trading partners that are relevant to the decision as to whether particular trading partners should be identified under Section 182 of the Trade Act. In addition, USTR is seeking comment on the United States Government's 1998 Memorandum of Understanding with Paraguay on intellectual property matters, including enforcement. DATES: Submissions must be received on or before 12:00 noon on Wednesday, October 30, 2002. ADDRESSES: All comments should be sent to Sybia Harrison, Special Assistant to the Section 301 Committee, at the following e-mail address: [email protected], with ``Special 301 Out-of-Cycle Review'' in the subject line. Please note, only electronic submissions will be accepted. FOR FURTHER INFORMATION CONTACT: Kira Alvarez, Director for Intellectual Property, (202) 395-6864; or Victoria Espinel or Daniel Mullaney, Associate General Counsels, (202) 395-7305 or (202) 395-3581, Office of the United States Trade Representative. SUPPLEMENTARY INFORMATION: Pursuant to Section 182 of the Trade Act, the USTR must identify those countries that deny adequate and effective protection for intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. Those countries that have the most onerous or egregious acts, policies, or practices and whose acts, policies or practices have the greatest adverse impact (actual or potential) on relevant U.S. products are to be identified as Priority Foreign Countries. Acts, policies or practices that are the basis of a country's designation as a Priority Foreign Country are normally the subject of an investigation under the Section 301 provisions of the Trade Act. On April 30, 2002 USTR announced the results of the 2002 Special 301 review, including an announcement that several Out-of-Cycle Reviews (OCRs) would be conducted this fall. USTR is presently conducting OCRs on: Croatia, Indonesia, Israel, Mexico, the Phillipines, Poland, Qatar and Thailand. Additional countries may also be reviewed as a result of the comments received pursuant to this notice, or as warranted by events. In addition, this fall, USTR is also reviewing its policy with regard to Paraguay, which is is currently subject to monitoring. In 1998, Paraguay was designated as a Priority Foreign Country, which resulted in a nine-month Section 301 investigation. The investigation was terminated upon the negotiation of a Memorandum of Understanding (``MOU'') between the United States and Paraguay on the enforcement and protection of intellectual property rights, and consequently Paraguay has been monitored annually under the provisions of Section 306 of the Trade Act. This MOU is subject to review by January 2003. Requirements for Comments USTR requests written comments on relevant countries concerning the acts, policies, and practices of those countries that are relevant to the decision as to whether particular trading partners should be identified under Section 182 of the Trade Act. Comments should include a description of the problems experienced and the effect of the acts, policies and practices on U.S. industry. Comments should be as detailed as possible and should provide all necessary information for assessing the effect of the acts, policies and practices. Any comments that include quantitative loss claims should be accompanied by the methodology used in calculating such estimated losses. With respect to Paraguay, USTR requests comments on whether the MOU has been effective in furthering the protection and enforcement of intellectual property rights in Paraguay consistent with Paraguay's international obligations, and on options for proceeding with respect to the upcoming review of the U.S.-Paraguay MOU. Comments must be in English and sent electronically. No submissions will be accepted via postal service mail. A submitter requesting that information contained in a comment be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly marked ``business confidential'' in a contrasting color ink at the top of each page of each copy. A non-confidential version of the comment must also be provided. All comments should be sent to Sybia Harrison, Special Assistant to the Section 301 Committee, at the following e-mail address: [email protected], with ``Special 301 Out-of-Cycle Review'' in the subject line. Please note, only electronic submissions will be accepted. Public Inspection of Submissions Within one business day of receipt, non-confidential submissions will be placed in a public file, open for inspection at the USTR reading room, Office of the United States Trade Representative, Annex Building, 1724 F Street, NW, Room 1, Washington, DC. An appointment to review the file may be made by calling Sybia Harrison at (202) 395- 3419. The USTR reading room is open to the public from 10 a.m. to 12 noon and from 1 p.m. to 4 p.m., Monday through Friday. Kira M. Alvarez, Director for Intellectual Property. [FR Doc. 02-25875 Filed 10-9-02; 8:45 am] BILLING CODE 3190-01-P