[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Notices]
[Pages 63186-63187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25875]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Identification of Countries Under Section 182 of the Trade Act of
1974: 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: Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C.
2242), requires the United States Trade Representative (USTR) to
identify
[[Page 63187]]
countries that deny adequate and effective protection of intellectual
property rights or deny fair and equitable market access to U.S.
persons who rely on intellectual property protection. (Section 182 is
commonly referred to as the ``Special 301'' provisions in the Trade
Act.) On April 30, 2002 USTR announced the results of the 2002 Special
301 review. As part of that announcement it was stated that several
Out-of-Cycle Reviews (OCRs) would be conducted this fall.
USTR requests written comments from the public concerning the acts,
policies, and practices of those trading partners that are relevant to
the decision as to whether particular trading partners should be
identified under Section 182 of the Trade Act. In addition, USTR is
seeking comment on the United States Government's 1998 Memorandum of
Understanding with Paraguay on intellectual property matters, including
enforcement.
DATES: Submissions must be received on or before 12:00 noon on
Wednesday, October 30, 2002.
ADDRESSES: All comments should be sent to Sybia Harrison, Special
Assistant to the Section 301 Committee, at the following e-mail
address: [email protected], with ``Special 301 Out-of-Cycle Review'' in
the subject line. Please note, only electronic submissions will be
accepted.
FOR FURTHER INFORMATION CONTACT: Kira Alvarez, Director for
Intellectual Property, (202) 395-6864; or Victoria Espinel or Daniel
Mullaney, Associate General Counsels, (202) 395-7305 or (202) 395-3581,
Office of the United States Trade Representative.
SUPPLEMENTARY INFORMATION: Pursuant to Section 182 of the Trade Act,
the USTR must 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. Those countries that have the most onerous or egregious
acts, policies, or practices and whose acts, policies or practices have
the greatest adverse impact (actual or potential) on relevant U.S.
products are to be identified as Priority Foreign Countries. Acts,
policies or practices that are the basis of a country's designation as
a Priority Foreign Country are normally the subject of an investigation
under the Section 301 provisions of the Trade Act.
On April 30, 2002 USTR announced the results of the 2002 Special
301 review, including an announcement that several Out-of-Cycle Reviews
(OCRs) would be conducted this fall. USTR is presently conducting OCRs
on: Croatia, Indonesia, Israel, Mexico, the Phillipines, Poland, Qatar
and Thailand. Additional countries may also be reviewed as a result of
the comments received pursuant to this notice, or as warranted by
events.
In addition, this fall, USTR is also reviewing its policy with
regard to Paraguay, which is is currently subject to monitoring. In
1998, Paraguay was designated as a Priority Foreign Country, which
resulted in a nine-month Section 301 investigation. The investigation
was terminated upon the negotiation of a Memorandum of Understanding
(``MOU'') between the United States and Paraguay on the enforcement and
protection of intellectual property rights, and consequently Paraguay
has been monitored annually under the provisions of Section 306 of the
Trade Act. This MOU is subject to review by January 2003.
Requirements for Comments
USTR requests written comments on relevant countries concerning the
acts, policies, and practices of those countries that are relevant to
the decision as to whether particular trading partners should be
identified under Section 182 of the Trade Act.
Comments should include a description of the problems experienced
and the effect of the acts, policies and practices on U.S. industry.
Comments should be as detailed as possible and should provide all
necessary information for 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.
With respect to Paraguay, USTR requests comments on whether the MOU
has been effective in furthering the protection and enforcement of
intellectual property rights in Paraguay consistent with Paraguay's
international obligations, and on options for proceeding with respect
to the upcoming review of the U.S.-Paraguay MOU.
Comments must be in English and sent electronically. No submissions
will be accepted via postal service mail. A submitter requesting that
information contained in a comment 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 marked ``business
confidential'' in a contrasting color ink at the top of each page of
each copy. A non-confidential version of the comment must also be
provided.
All comments should be sent to Sybia Harrison, Special Assistant to
the Section 301 Committee, at the following e-mail address:
[email protected], with ``Special 301 Out-of-Cycle Review'' in the
subject line. Please note, only electronic submissions will be
accepted.
Public Inspection of Submissions
Within one business day of receipt, non-confidential submissions
will be placed in a public file, open for inspection at the USTR
reading room, Office of the United States Trade Representative, Annex
Building, 1724 F Street, NW, Room 1, Washington, DC. An appointment to
review the file may be made by calling Sybia Harrison at (202) 395-
3419. The USTR reading room is open to the public from 10 a.m. to 12
noon and from 1 p.m. to 4 p.m., Monday through Friday.
Kira M. Alvarez,
Director for Intellectual Property.
[FR Doc. 02-25875 Filed 10-9-02; 8:45 am]
BILLING CODE 3190-01-P