[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Pages 14326-14327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05536]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2013-0023]


Notice of Determination in Section 301 Investigation of Ukraine

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: The United States Trade Representative (Trade Representative) 
has determined that certain intellectual property rights (IPR) acts, 
policies, and

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practices of Ukraine are unreasonable and burden or restrict United 
States commerce and are thus actionable under section 301(b) of the 
Trade Act of 1974, as amended (Trade Act). In light of the current 
political situation in Ukraine, the Trade Representative has determined 
that no action under section 301 is appropriate at this time.

FOR FURTHER INFORMATION CONTACT: Questions regarding this investigation 
should be directed as appropriate to: Elizabeth Kendall, Director for 
Intellectual Property and Innovation, Office of the United States Trade 
Representative, at (202) 395-3580; Isabella Detwiler, Director for 
Europe, at (202) 395-6146; or Shannon Nestor, Assistant General 
Counsel, at (202) 395-3150.

DATES: The Trade Representative made the determinations in this 
investigation on February 28, 2014.

SUPPLEMENTARY INFORMATION: On May 30, 2013, the Trade Representative 
initiated a Section 301 investigation of certain acts, policies, and 
practices of the Government of Ukraine with respect to intellectual 
property rights. See Identification of Ukraine as a Priority Foreign 
Country and Initiation of Section 301 Investigation, 78 FR 33886 (June 
5, 2013). The acts, policies, and practices subject to investigation 
were those that formed the basis of Ukraine's designation in the May 1, 
2013 Special 301 Report as a Priority Foreign Country. Those acts, 
policies, and practices involved: (1) The administration of Ukraine's 
system for collecting societies, which are responsible for collecting 
and distributing royalties to U.S. and other rights holders; (2) use of 
infringing software by Ukrainian government agencies; and (3) online 
infringement of copyright and related rights. The notice of initiation 
proposed a determination that these acts, policies, and practices are 
actionable under section 301(b), invited public comments on the matters 
subject to investigation, and provided notice of a public hearing.
    The Office of the United States Trade Representative (USTR) held 
the public hearing on September 9, 2013. See Notice of Rescheduled 
Hearing in the Section 301 Investigation of Ukraine, 78 FR 45011 (July 
25, 2013). Written submissions and testimony may be viewed on 
www.regulations.gov under the above-referenced docket number.
    On November 29, 2013, the Trade Representative determined to extend 
the investigation by three months, such that the determinations in the 
investigation would be made by no later than February 28, 2014. See 
Notice of Determination to Extend Section 301 Investigation of Ukraine, 
78 FR 72141 (December 2, 2013).
    During the investigation, U.S. and Ukrainian officials held 
constructive discussions regarding the acts, policies and practices 
subject to investigation. However, U.S. concerns with those acts, 
policies, and practices were not resolved.
    Based on the information obtained during the investigation, and 
consistent with the recommendation of the interagency Section 301 
Committee, the Trade Representative has determined under Section 
304(a)(1)(A) and (B) of the Trade Act that: (1) The acts, policies, and 
practices subject to investigation are unreasonable and burden or 
restrict U.S. commerce, and are thus actionable under Section 301(b) of 
the Trade Act; and (2) in light of the current political situation in 
Ukraine, no action under Section 301(b) is appropriate at this time.
    USTR remains committed to addressing the matters subject to 
investigation, and looks forward to further engagement with the 
Government of Ukraine at an appropriate time.

William Busis,
Chair, Section 301 Committee.
[FR Doc. 2014-05536 Filed 3-12-14; 8:45 am]
BILLING CODE 3290-F4-P