[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Notices]
[Pages 81555-81556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33289]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


2012 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 2012, USTR 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 as to whether a particular trading partner 
should be identified as a priority foreign country under Section 182 of 
the Trade Act, or be placed on the Priority Watch List or Watch List. 
Interested parties, including foreign governments, wishing 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 2012 Special 301 review is set forth below.
    Friday, February 10, 2012--For interested parties, except for 
foreign governments: Submit written comments, requests to testify at 
the Special 301 Public Hearing, and hearing statements.
    Friday, February 17, 2012--For foreign governments: Submit written 
comments, requests to testify at the Special 301 Public Hearing, and 
hearing statements.
    Thursday, February 23, 2012--Special 301 Committee Public Hearing 
for interested parties, including representatives of foreign 
governments, will be held at the offices of USTR, 1724 F Street NW., 
Washington, DC 20508. Any change in the date or location of the hearing 
will be announced on http://www.ustr.gov.
    On or about April 30, 2011--In accordance with statutory 
requirements, USTR will publish the 2012 Special 301 Report on or about 
April 30, 2012.

ADDRESSES: All written comments, requests to testify, and hearing 
statements should be sent electronically via http://www.regulations.gov, docket number USTR-2011-0021. Submissions should 
contain the term ``2011 Special 301 Review'' in the ``Type comment'' 
field on http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paula Karol Pinha, Director for 
Intellectual Property and Innovation, Office of the United States Trade 
Representative, at (202) 395-5419. Further information about Special 
301 can be found at http://www.ustr.gov.

[[Page 81556]]


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.
    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, 2012.

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 
any written comments by February 10, 2012. Interested foreign 
governments must submit any written comments by February 17, 2012.

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-2011-0021.
    To submit comments to http://www.regulations.gov, find the docket 
by entering the number USTR-2011-0021 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'' 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 ``2012 
Special 301 Review'' in the ``Type comment'' field. USTR prefers 
submissions in Microsoft Word[reg] (.doc) or Adobe Acrobat[reg] (.pdf) 
formats. If the submission is in application format other than 
Microsoft Word[reg] or Adobe Acrobat[reg] (.pdf), please indicate the 
name of the relevant application in the ``Type comment'' field.

3. Public Hearing

a. Notice of Public Hearing

    The Special 301 Committee will hold a public hearing at the offices 
of USTR, 1724 F Street NW., Washington, DC 20508 for interested 
parties, including representatives of foreign governments, on February 
23, 2012. The hearing will be open to the public, and a transcript of 
the hearing will be made available on http://www.ustr.gov. Any change 
in the date or location of the hearing will be announced on http://www.ustr.gov.

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

    Oral testimony before the Special 301 Committee must be provided in 
person and in English. Each presentation of oral testimony will be 
limited to five minutes. Questions from the Special 301 Committee may 
follow oral testimony.
    All interested parties, except foreign governments, wishing to 
testify at the hearing must submit, by February 10, 2012, 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 Notice of Intent to Testify 
must include the name of the witness, name of the organization (if 
applicable), address, telephone number, fax number, and email address. 
A Hearing Statement must accompany the Notice of Intent to Testify.
    All interested foreign governments who wish to testify at the 
hearing must submit, by February 17, 2012, a ``Notice of Intent to 
Testify'' to http://www.regulations.gov (following the procedures set 
forth in ``Requirements for Comments'' above). The Notice of Intent to 
Testify must include the name of the witness, name of the organization 
(if applicable), address, telephone number, fax number, and email 
address. A Hearing Statement may accompany the Notice of Intent to 
Testify.

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'' 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

    USTR will maintain a docket on the 2012 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 2012 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-2011-0021 
in the search field on the home page.

Stanford K. McCoy,
Assistant U.S. Trade Representative for Intellectual Property and 
Innovation.
[FR Doc. 2011-33289 Filed 12-27-11; 8:45 am]
BILLING CODE 3190-W2-P