[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Pages 57924-57925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22857]



[Docket No. USTR-2013-0030]

2013 Special 301 Out-Of-Cycle Review of Notorious Markets: 
Request For Public Comments

AGENCY: Office of the United States Trade Representative.

ACTION: Request for written submissions from the public.


SUMMARY: The Office of the United States Trade Representative (USTR) is 
hereby requesting written submissions from the public identifying 
potential Internet and physical notorious markets that exist outside 
the United States and that may be included in the 2013 Notorious 
Markets List. In 2010, USTR began publishing the notorious market list 
as an ``Out-of-Cycle Review'' separately from the annual Special 301 
report. This review of notorious markets (``Notorious Markets List'') 
results in the publication of examples of Internet and physical markets 
that have been the subject of enforcement action or that may merit 
further investigation for possible intellectual property infringements.

DATES: The deadline for interested parties to submit written comments 
is October 11, 2013.

ADDRESSES: All written comments should be sent electronically via 
http://www.regulations.gov, docket number USTR-2013-0030. Submissions 
should contain the term ``2013 Out-of-Cycle Review of Notorious 
Markets'' in the ``Type Comment'' field on http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Cecelia Jones-Davis, Executive 
Assistant, Office of the United States Trade Representative, at (202) 
395-9651. Further information about Special 301 can be found at http://www.ustr.gov.


1. Background

    Pursuant to the Administration's 2010 Joint Strategic Plan on 
Intellectual Property Enforcement, USTR began conducting an Out-of-
Cycle Review of Notorious Markets, resulting in publication, separately 
from the annual Special 301 report, of a ``Notorious Markets List.'' 
(The Notorious Markets List had previously been included in annual 
Special 301 reports.) USTR published the first stand-alone Notorious 
Markets List in February 2011, and published the subsequent Lists in 
December 2011 and December 2012. The Notorious Markets List identifies 
markets, including both physical and Internet markets, as examples of 
marketplaces that have been the subject of enforcement action or that 
may merit further investigation for possible intellectual property 
rights infringements, or both.
    The Notorious Markets List does not reflect findings of violation 
of law, nor does it reflect the United States' analysis of the general 
climate of protection and enforcement of intellectual property rights 
in the countries where the markets were located. Rather, the list 
identifies certain prominent examples of markets in which pirated 
copyright or counterfeit trademark goods were reportedly available. As 
part of its outreach efforts, the United States encourages the 
responsible authorities to step up efforts to combat copyright piracy 
and trademark counterfeiting in these and similar markets.

2. Public Comments

a. Written Comments

    The Special 301 Subcommittee invites written submissions from the 
public concerning potential examples of Internet and physical 
``notorious markets.'' Notorious markets are those where counterfeit 
trademark or pirated copyright products are prevalent to such a degree 
that the market exemplifies the problem of marketplaces that deal in 
infringing goods and help sustain global piracy and counterfeiting.

b. Requirements for Comments

    Interested parties must submit written comments by October 11, 
2013. Written comments should be as detailed as possible and should 
clearly identify the reason or reasons why the nature or scope of 
activity associated with the identified market or markets exemplify the 
problem of marketplaces that deal in infringing goods and help sustain 
global piracy and counterfeiting. Potentially helpful information could 
include: location; principal owners/operators (if known); types of 
products sold, distributed, or otherwise made available; information on 
the volume of Internet traffic associated with a Web site (such as a 
recent Alexa ranking); any known civil or criminal enforcement activity 
against the market; other efforts to remove/limit infringing materials 
(e.g., a Web site's responsiveness to requests to remove or disable 
access to allegedly infringing material); and any other relevant 
information, including with respect to positive progress made by 
operators of the market in addressing infringing activity. Any comments 
that include quantitative loss claims should be accompanied by the 
methodology used in calculating such estimated losses. Comments must be 
in English.
    To ensure the timely receipt and consideration of comments, USTR 
strongly encourages interested persons to make on-line submissions, 
using the www.regulations.gov Web site. To submit comments via 
www.regulations.gov, enter docket number USTR-2013-0030 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 and click on the link entitled ``Comment Now!.'' (For 
further information on using the www.regulations.gov Web site, please 
consult the resources provided on the Web site by clicking on ``How to 
use Regulations.gov'' on the bottom of the home page under ``Help''.)
    The www.regulations.gov Web site allows users to provide comments 
by filling in a ``Type Comment'' field, or by attaching a document 
using an ``Upload File'' field. USTR prefers that comments be provided 
in an attached document. If a document is attached, please type ``2013 
Out-of-Cycle Review of Notorious Markets'' in the ``Type Comment'' 
field. USTR prefers submissions in Microsoft Word (.doc) or Adobe 
Acrobat (.pdf) format. If the submission is in another format, please 
indicate the name of the software application in the ``Type Comment'' 
    For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page. Filers of submissions 
containing business confidential information must also submit a public 
version of their comments. The file name of the public version should 
begin with the character ``P''. The ``BC'' and ``P'' should be followed 
by the name of the person or

[[Page 57925]]

entity submitting the comments. Filers submitting comments containing 
no business confidential information should name their file using the 
name of the person or entity submitting the comments.
    Please do not attach separate cover letters to electronic 
submissions; rather, include any information that might appear in a 
cover letter in the comments themselves. Similarly, to the extent 
possible, please include any exhibits, annexes, or other attachments in 
the same file as the submission itself, not as separate files.
    As noted, USTR strongly urges submitters to file comments through 
www.regulations.gov, if at all possible. Any alternative arrangements 
must be made with Cecilia Jones-Davis in advance of transmitting a 
comment. Ms. Jones-Davis should be contacted at (202) 395-9651.

3. Inspection of Comments

    Submissions will be placed in the docket and open to public 
inspection pursuant to 15 CFR 2006.13, except business confidential 
information exempt from public inspection in accordance with 15 CFR 
2006.15. Submissions may be viewed on the www.regulations.gov Web site 
by entering docket number USTR-2013-0030 in the search field on the 
home page.

Stanford K. McCoy,
Assistant U.S. Trade Representative for Intellectual Property and 
[FR Doc. 2013-22857 Filed 9-19-13; 8:45 am]