[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77178-77180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31336]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


2013 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 (Trade 
Representative) 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 
Trade Act requires the Trade Representative to determine which, if any, 
of these countries to identify 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, the Office of the United States Trade Representative 
(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 that rely on intellectual property protection. 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 Trade 
Representative on issues arising under Special 301. Written submissions 
from interested persons are a key source of information for the Special 
301 review process. In 2013, USTR again 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 deciding whether a particular trading partner should be 
identified as a priority foreign

[[Page 77179]]

country under Section 182 of the Trade Act or placed on the Priority 
Watch List or Watch List. Interested parties, including foreign 
governments, wishing to testify at the public hearing must follow the 
procedures set out below for filing a notice of intent to testify. The 
deadlines for these procedures are set out below.

DATES: The schedule for the 2013 Special 301 review is set forth below.
    Friday, February 8, 2013--For interested parties, except for 
foreign governments: Submit written comments, requests to testify at 
the Special 301 Public Hearing, and hearing statements.
    Friday, February 15, 2013--For foreign governments: Submit written 
comments, requests to testify at the Special 301 Public Hearing, and 
hearing statements.
    Wednesday, February 20, 2013--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, 2013--In accordance with statutory 
requirements, USTR will publish the 2013 Special 301 Report.

ADDRESSES: All written comments, requests to testify, and hearing 
statements should be sent electronically via http://www.regulations.gov, docket number USTR-2012-0022. Submissions should 
contain the term ``2013 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.

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 further requests that 
submissions include specific references to laws, regulations, policy 
statements, executive, presidential or other orders, administrative, 
court or other determinations, and any other measures relevant to the 
issues raised in the written submission or hearing testimony. USTR also 
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 U.S. cultural industries. Section 182 requires the Trade 
Representative to 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). Section 182 requires the Trade Representative 
to identify any such acts, policies or practices within 30 days after 
publication of the National Trade Estimate (NTE) report, i.e., 
approximately April 30, 2013.

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 deciding 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 8, 2013. Interested foreign governments 
must submit any written comments by February 15, 2013.

b. Requirements for Comments

    Written comments should include a description of the problems that 
the submitter has experienced and the effect of the acts, policies, and 
practices on U.S. industry. Comments should be as detailed as possible 
and provide all necessary information for identifying and 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-2012-0022.
    To submit comments to http://www.regulations.gov, find the docket 
by entering the number USTR-2012-0022 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 ``Comment Now!.'' 
(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 ``2013 
Special 301 Review'' in the ``Type comment'' field. USTR prefers 
submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf) formats. 
If the submission is in an application format other than Microsoft Word 
or Adobe Acrobat (.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 
20, 2013. 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 in person 
and will be limited to one five-minute presentation in English. 
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 8, 2013, 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 short Hearing Statement must accompany the Notice of Intent to 
Testify.
    All interested foreign governments that wish to testify at the 
hearing must submit, by February 15, 2013, 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 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 short 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 2013 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 2013 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-2012-0022 
in the search field on the home page.

    Stanford K. McCoy,
Assistant U.S. Trade Representative for Intellectual Property and 
Innovation.
[FR Doc. 2012-31336 Filed 12-28-12; 8:45 am]
BILLING CODE 3290-F3-P