[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Notices]
[Pages 69519-69520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28435]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


2010 Special 301 Out-of-Cycle Reviews of the Philippines and 
Thailand: 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 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. In addition, USTR has created a ``Priority 
Watch List'' and ``Watch List'' under 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. Countries placed on the Priority Watch List are 
the focus of increased bilateral attention concerning the problem 
areas.
    In the 2010 Special 301 Report (http://www.ustr.gov), USTR 
announced that, in order to monitor progress on specific IPR issues, 
Out-of-Cycle Reviews would be conducted for the Philippines and 
Thailand. USTR requests written submissions from the public concerning 
any act, policy, or practice that is relevant to the decision regarding 
whether the Philippines and Thailand should be identified under Section 
182 of the Trade Act.

DATES: Submissions from the general public must be received on or 
before 10 a.m. on Friday, December 10, 2010. Foreign governments who 
choose to make written submissions may do so on or before 10 a.m. on 
Friday, December 17, 2010.

ADDRESSES: All comments should be sent electronically to http://www.regulations.gov, [docket number USTR-2010-0035]. Submissions should 
contain the term ``2010 Special 301 Out-of-Cycle Review'' in the ``Type 
comment & Upload file'' field on http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jared Ragland, Director, Intellectual 
Property and Innovation, Office of the United States Trade 
Representative, at (202) 395-4510.

SUPPLEMENTARY INFORMATION: Pursuant to Section 182 of the Trade Act, 
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. USTR may not 
identify a country as a Priority Foreign Country if that country is 
entering into good faith negotiations or making significant progress in 
bilateral or multilateral negotiations to provide adequate and 
effective protection of intellectual property rights. In addition, USTR 
has created a ``Priority Watch List'' and ``Watch List'' under 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. Countries placed on the 
Priority Watch List are the focus of increased bilateral attention 
concerning the problem areas.
    USTR requests that, where relevant, submissions mention particular 
regions, provinces, States, or other subdivisions of a country in which 
an act, policy, or practice deserve special attention. Submissions may 
report positive or negative developments with respect to these 
entities.
    Requirements for Comments: 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 to http://www.regulations.gov, [docket number USTR-2010-0035].
    To submit comments to http://www.regulations.gov, enter docket 
number [USTR-2010-0035] on the 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 expected that most comments 
will be provided in an attached document. If a document is attached, it 
is sufficient to type ``See attached'' in the ``Type comment & Upload 
file'' field. However, all submissions should contain the term ``2010 
Special 301 Out-of-Cycle Review'' in the ``General Comments'' field.
    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

[[Page 69520]]

succeeding page, and should indicate using brackets the specific 
information which is confidential. Any comment containing business 
confidential information must be accompanied by a non-confidential 
summary of the confidential information. The non-confidential summary 
will be placed in the docket and open to public inspection.
    USTR will maintain a docket on the 2010 Special 301 Out-of-Cycle 
Review, accessible to the public. The public file will include non-
confidential comments received by USTR from the public, including 
foreign governments, with respect to the 2010 Special 301 Out-of-Cycle 
Review.
    Public Inspection of Submissions: 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-2010-0035] 
in the search field on the home page.

Stanford K. McCoy,
Assistant USTR for Intellectual Property and Innovation.
[FR Doc. 2010-28435 Filed 11-10-10; 8:45 am]
BILLING CODE 3190-W1-P