[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
[[Page 77180]]
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]
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