[Federal Register Volume 66, Number 40 (Wednesday, February 28, 2001)]
[Notices]
[Pages 12826-12827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4809]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Identification of Priority Foreign Country Practices and Foreign 
Countries Engaging in Discriminatory Procurement Practices; Request for 
Public Comment

AGENCY: Office of the United States Trade Representative.

ACTION: Request for written submissions from the public.

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SUMMARY: Executive Order 13116 of March 31, 1999 requires the United 
States Trade Representative (``USTR''), by April 30, 2001, to conduct a 
review of U.S. trade expansion priorities and to identify priority 
foreign country practices, the elimination of which is likely to have 
the most significant potential to increase United States exports. This 
Executive Order also requires the USTR to identify foreign countries 
engaging in discriminatory government procurement practices. Pursuant 
to this Executive Order, the USTR must submit to the congressional 
committees of jurisdiction a report on priority foreign country 
practices (the ``Super 301'' report) and a report on countries engaging 
in discriminatory government procurement practices (the ``Title VII'' 
report) and publish these reports in the Federal Register. USTR is 
requesting written submissions from the public concerning practices 
that should be considered by the USTR for these purposes.

DATES: Submissions must be received by 12:00 noon on March 26, 2001.

ADDRESSES: Office of the U.S. Trade Representative, 600 17th Street, 
NW, Washington, D.C. 20508.

FOR FURTHER INFORMATION CONTACT: Questions concerning the filing of 
submissions should be directed to Sybia Harrison, Staff Assistant to 
Section 301 Committee, (202) 395-3432; legal questions regarding 
Executive Order 13116 and Super 301 should be addressed to Demetrios 
Marantis, Associate General Counsel, (202) 395-3150; and legal 
questions regarding Title VII should be addressed to Melida Hodgson, 
Associate General Counsel, (202) 395-3582.

SUPPLEMENTARY INFORMATION: Pursuant to Part I of Executive Order 13116 
of March 31, 1999 (64 F.R. 1633), the USTR is required, no later than 
April 30, to review United States trade expansion priorities and 
identify priority foreign country practices, the elimination of which 
is likely to have the most significant potential to increase United 
States exports, either directly or through the establishment of a 
beneficial precedent. Part II of Executive Order 13116 requires the 
USTR, no later than April 30, to review and identify other countries' 
compliance with the Agreement on Government Procurement (``GPA'') and 
other government procurement agreement obligations, or otherwise 
maintain, in government procurement, a significant and persistent 
practice of discrimination against U.S. products or services which 
results in identifiable harm to United States businesses and whose 
products or services are acquired in significant amounts by the United 
States Government.
    The USTR must submit to the congressional committees of 
jurisdiction a report on the priority foreign country practices 
identified under Part I of the Executive Order (the ``Super 301'' 
report). The USTR also may describe in this report foreign country 
practices that may warrant identification in the future or that were 
not identified because they are being addressed by provisions under 
U.S. trade law, existing bilateral trade agreements, or in trade 
negotiations, and progress is being made toward their elimination. The 
USTR must also submit to the congressional committees of jurisdiction a 
report on countries engaging in discriminatory government procurement 
practices, identified under Part II of the Executive Order (the ``Title 
VII'' report) and publish the reports in the Federal Register.
    Executive Order 13116 also requires the USTR to initiate 
investigations under section 302(b)(1) of the Trade Act of 1974 as 
amended (19 U.S.C. 2412 (b)(1)), no later than 90 days after submission 
of the reports, with respect to any of the identified practices that 
have not been satisfactorily resolved in the interim.

Requirements for Submissions

    The USTR invites submissions concerning priority foreign country 
practices that should be considered for identification in the Super 301 
report in accordance with the criteria established under Executive 
Order 13116. The USTR also invites submissions concerning countries 
engaging in discriminatory government procurement practices that should 
be considered for identification in the Title VII report in accordance 
with the criteria established under Executive Order 13116. If the 
practice is also the subject of comments submitted in connection with 
the 2001 National Trade Estimate Report on Foreign Trade Barriers 
(``2001 NTE Report''), the present submission should identify the 
related comments in the NTE public docket and include any additional 
pertinent information, including information explaining why the 
practice rises to the level of a ``priority foreign country practice'' 
within the meaning of Executive Order 13116. If the practice was not 
the subject of comments submitted in connection with the 2001 NTE 
Report, the submission should: (1) Include information on the nature 
and significance of the practice; (2) identify the United States 
product, service, intellectual property right, or foreign direct 
investment matter which is affected by the practice; and (3) provide 
any other information considered relevant. Such information may include 
information on the relevant trade and government procurement agreements 
to which a foreign country is a party, its compliance with those 
agreements, and any other information related to the factors set forth 
in Parts I and II of Executive Order 13116 for identification of 
priority foreign country practices and countries that engage in 
discriminatory government procurement practices.
    Interested persons must provide twenty copies of any submission, in 
English, to Sybia Harrison, Staff Assistant to Section 301 Committee, 
Office of the United States Trade Representative, by noon on March 26, 
2001. Because submissions will be placed in a public file, open to 
public inspection at USTR, business-confidential information should not 
be submitted. Inspection is only by

[[Page 12827]]

appointment with the staff of the USTR Public Reading Room and can be 
arranged by calling Brenda Webb at (202) 395-6186. The Reading Room is 
open to the public from 9:30 a.m. to 12 noon, and from 1 p.m. to 4 
p.m., Monday through Friday.

A. Jane Bradley,
Assistant U.S. Trade Representative for Monitoring and Enforcement.
[FR Doc. 01-4809 Filed 2-27-01; 8:45 am]
BILLING CODE 3190-01-P