[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Notices]
[Pages 2578-2580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-620]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


2010 Special 301 Review: Identification of Countries Under 
Section 182 of the Trade Act of 1974: Request for Public Comment and 
Announcement of Public Hearing

AGENCY: Office of the United States Trade Representative.

ACTION: Request for written submissions from the public and 
announcement of public hearing.

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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 countries that deny adequate and effective protection of 
intellectual property rights (IPR) or deny fair and equitable market 
access to U.S. persons who rely on intellectual property protection. 
(The provisions of Section 182 are commonly referred to as the 
``Special 301'' provisions of the Trade Act.). The USTR is required to 
determine which, if any, of these countries should be identified as 
Priority Foreign Countries. Acts, policies, or practices that are the 
basis of a country's identification as a Priority Foreign Country can 
be subject to the procedures set out in sections 301-305 of the Trade 
Act.
    In addition, USTR has created a ``Priority Watch List'' and ``Watch 
List'' to assist the Administration in pursuing the goals of the 
Special 301 provisions. Placement of a trading partner on the Priority 
Watch List or Watch List indicates that particular problems exist in 
that country with respect to IPR protection, enforcement, or market 
access for persons relying on intellectual property. Trading partners 
placed on the Priority Watch List are the focus of increased bilateral 
attention concerning the problem areas.
    USTR chairs an interagency team that reviews information from many 
sources, and that consults with and makes recommendations to the USTR 
on issues arising under Special 301. Written submissions from 
interested persons are a key source of information for the Special 301 
review process. In 2010, USTR through the Special 301

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Committee will conduct a public hearing as part of the review process.
    USTR is hereby requesting written submissions from the public 
concerning foreign countries' acts, policies, or practices that are 
relevant to the decision on whether a particular trading partner should 
be identified as a priority foreign country under Section 182 of the 
Trade Act or placed on the Priority Watch List or Watch List. 
Interested parties, including foreign governments, who want to testify 
at the public hearing must submit a request to testify at the hearing 
and a short hearing statement. The deadlines for these procedures are 
set out below.

DATES: The schedule for the 2010 Special 301 review is set forth below.
    Tuesday, February 16, 2010 (by 5 p.m.)--For interested parties, 
except for foreign governments: Submit written comments, requests to 
testify at the Special 301 Public Hearing, and hearing statements.
    Tuesday, February 23, 2010 (by 5 p.m.)--For foreign governments: 
Submit written comments, requests to testify at the Special 301 Public 
Hearing, and hearing statements.
    Wednesday, March 3, 2010, and additional days from March 4-8, 2010 
as necessary--Special 301 Committee Public Hearing for interested 
parties, including representatives of foreign governments, will be held 
at the United States International Trade Commission, 500 E St. SW., 
Washington, DC 20436.
    On or about April 30, 2010--In accordance with statutory 
requirements, USTR will publish the 2010 Special 301 Report on or about 
April 30, 2010.

ADDRESSES: All written comments, requests to testify, and hearing 
statements should be sent electronically via http://www.regulations.gov, docket number USTR-2010-0003. Submissions should 
contain the term ``2010 Special 301 Review'' in the ``Type comment & 
Upload file'' field on http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jennifer Choe Groves, Senior Director 
for Intellectual Property and Innovation and Chair of the Special 301 
Committee, Office of the United States Trade Representative, at (202) 
395-4510. Further information about Special 301 can be located at 
http://www.ustr.gov.

SUPPLEMENTARY INFORMATION:

1. Background

    USTR requests that interested persons 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. USTR requests that, where relevant, 
submissions mention particular regions, provinces, states, or other 
subdivisions of a country in which an act, policy, or practice is 
believed to warrant special attention. Submissions may report positive 
or negative developments with respect to these sub-national entities.
    Section 182 contains a special rule regarding actions of Canada 
affecting United States cultural industries. The USTR must identify any 
act, policy or practice of Canada that affects cultural industries, is 
adopted or expanded after December 17, 1992, and is actionable under 
Article 2106 of the North American Free Trade Agreement (NAFTA). USTR 
must make the above-referenced identifications within 30 days after 
publication of the National Trade Estimate (NTE) report, i.e., 
approximately April 30, 2010.

2. Public Comments

a. Written Comments

    The Special 301 Committee invites written submissions from the 
public concerning foreign countries' acts, policies, or practices that 
are relevant to the decision whether a particular trading partner 
should be identified under Section 182 of the Trade Act. As noted 
above, interested parties, except for foreign governments, must submit 
written comments by February 16, 2010 at 5 p.m. Interested foreign 
governments must submit written comments by February 23, 2010 at 5 p.m.

b. Requirements for Comments

    Written comments should include a description of the problems 
experienced by the submitter 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. Comments must be in English. All 
comments should be sent electronically via http://www.regulations.gov, 
docket number USTR-2010-0003.
    To submit comments to http://www.regulations.gov, find the docket 
by entering the number USTR-2010-0003 in the ``Enter Keyword or ID'' 
window at the http://www.regulations.gov home page and click 
``Search.'' The site will provide a search-results page listing all 
documents associated with this docket. Find a reference to this notice 
by selecting ``Notice'' under ``Document Type'' on the left side of the 
search-results page, and click on the link entitled ``Submit a 
comment.'' (For further information on using the http://www.regulations.gov Web site, please consult the resources provided on 
the Web site by clicking on ``How to Use This Site'' on the left side 
of the home page).
    The http://www.regulations.gov site provides the option of 
providing comments by filling in a ``Type comment & Upload file'' 
field, or by attaching a document. It is USTR's preference that 
comments be provided in an attached document. If a document is 
attached, please type ``2010 Special 301 Review'' in the ``Type comment 
& Upload file'' field. USTR prefers submissions in Microsoft Word 
(.doc) or Adobe Acrobat (.pdf). If the submission is in an application 
other than those two, please indicate the name of the application in 
the ``Comments'' field.

3. Public Hearing

a. Notice of Public Hearing

    The Special 301 Committee will hold a public hearing at the United 
States International Trade Commission, 500 E St. SW., Washington, DC 
20436 for interested parties, including representatives of foreign 
governments, beginning on March 3 and continuing through March 4-8 (as 
necessary). The hearing will be open to the public, and a transcript of 
the hearing will be made available on http://www.ustr.gov.

b. Submission of Requests To Testify at the Public Hearing and Hearing 
Statements

    All interested parties, except foreign governments, wishing to 
testify at the hearing must submit, by 5 p.m. on February 16, 2010, a 
``Notice of Intent to Testify'' and ``Hearing Statement'' to http://www.regulations.gov (following the procedures set forth in 
``Requirements for Comments'' above), the name of the witness, name of 
the organization (if applicable), address, telephone number, fax 
number, and e-mail address. Oral testimony before the Special 301 
Committee will be limited to one five-minute presentation in English. A 
five-minute period will be allowed for questions from the Special 301 
Committee. If those testifying wish to submit a longer ``Hearing 
Statement'' for the record, it must accompany the ``Notice of Intent to 
Testify'' to be submitted on February 16, 2010.
    All interested foreign governments who wish to testify at the 
hearing must submit, by 5 p.m. on February 23, 2010, a ``Notice of 
Intent to Testify'' to http://www.regulations.gov (following the 
procedures set forth in ``Requirements

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for Comments'' above), the name of the witness, name of the 
organization (if applicable), address, telephone number, fax number, 
and e-mail address. Oral testimony before the Special 301 Committee 
will be limited to one five-minute presentation in English. A five-
minute period will be allowed for questions from the Special 301 
Committee. If foreign governments testifying wish to submit a ``Hearing 
Statement'' for the record, it must be submitted by February 23, 2010.

4. Business Confidential Information

    A person requesting that information contained in a comment 
submitted by that person 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 designated as such, 
the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top and 
bottom of the cover page and each succeeding page, and the submission 
should indicate, via brackets, the specific information that is 
confidential. Additionally, ``Business Confidential'' should be 
included in the ``Type comment & Upload file'' field. Anyone submitting 
a comment containing business confidential information must also submit 
as a separate submission a non-confidential version of the confidential 
submission, indicating where confidential information has been 
redacted. The non-confidential summary will be placed in the docket and 
open to public inspection.

5. Inspection of Comments, Notices, and Hearing Statements

    USTR will maintain a docket on the 2010 Special 301 Review, 
accessible to the public. The public file will include non-confidential 
comments, notices of intent to testify, and hearing statements received 
by USTR from the public, including foreign governments, with respect to 
the 2010 Special 301 Review. Comments will be placed in the docket and 
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. Comments may be viewed on the http://www.regulations.gov Web site by entering docket number USTR-2010-0003 
in the search field on the home page.

Stanford K. McCoy,
Assistant U.S. Trade Representative for Intellectual Property and 
Innovation.
[FR Doc. 2010-620 Filed 1-14-10; 8:45 am]
BILLING CODE 3190-WO-P