[A2k] Federal Register Notice - 2010 Special 301 Review: Identification of Countries Under Section 182 of the Trade Act of 1974: Request for Public Comment and Announcement of Public Hearing

[Michael Palmedo]

This is a multi-part message in MIME format.
--
[ Picked text/plain from multipart/alternative ]
http://www.regulations.gov/search/Regs/contentStreamer?objectId=3D090000648=
0a7bbba&disposition=3Dattachment&contentType=3Dpdf

[Billing Code 3190-W0]

Office of the United States Trade Representative

2010 Special 301 Review: Identification of Countries Under Section 182 of t=
he 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.

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 countr=
ies that deny adequate and effective protection of intellectual property ri=
ghts (IPR) or deny fair and equitable market access to U.S. persons who rel=
y on intellectual property protection.  (The provisions of Section 182 are =
commonly referred to as the =93Special 301=94 provisions of the Trade Act.)=
.  The USTR is required to determine which, if any, of these countries shou=
ld be identified as Priority Foreign Countries.  Acts, policies, or practic=
es that are the basis of a country=92s identification as a Priority Foreign=
 Country can be subject to the procedures set out in sections 301-305 of th=
e Trade Act.

In addition, USTR has created a =93Priority Watch List=94 and =93Watch List=
=94 to assist the Administration in pursuing the goals of the Special 301 p=
rovisions.  Placement of a trading partner on the Priority Watch List or Wa=
tch List indicates that particular problems exist in that country with resp=
ect to IPR protection, enforcement, or market access for persons relying on=
 intellectual property.  Trading partners placed on the Priority Watch List=
 are the focus of increased bilateral attention concerning the problem area=
s.

USTR chairs an interagency team that reviews information from many sources,=
 and that consults with and makes recommendations to the USTR on issues ari=
sing under Special 301.  Written submissions from interested persons are a =
key source of information for the Special 301 review process.  In 2010, UST=
R through the Special 301 Committee will conduct a public hearing as part o=
f the review process.

USTR is hereby requesting written submissions from the public concerning fo=
reign countries=92 acts, policies, or practices that are relevant to the de=
cision on whether a particular trading partner should be identified as a pr=
iority foreign country under Section 182 of the Trade Act or placed on the =
Priority Watch List or Watch List.   Interested parties, including foreign =
governments, who want to testify at the public hearing must submit a reques=
t to testify at the hearing and a short hearing statement.  The deadlines f=
or these procedures are set out below.

DATES:

- The schedule for the 2010 Special 301 review is set forth below.

- Tuesday, February 16, 2010 (by 5:00 p.m.) =96 For interested parties, exc=
ept for foreign governments:  Submit written comments, requests to testify =
at the Special 301 Public Hearing, and hearing statements.

- Tuesday, February 23, 2010 (by 5:00 p.m.) =96 For foreign governments: Su=
bmit written comments, requests to testify at the Special 301 Public Hearin=
g, and hearing statements.

- Wednesday, March 3, 2010, and additional days from March 4-8, 2010 as nec=
essary =96 Special 301 Committee Public Hearing for interested parties, inc=
luding representatives of foreign governments, will be held at the United S=
tates International Trade Commission, 500 E St. S.W., Washington, D.C. 2043=
6.

- On or about April 30, 2010 -- In accordance with statutory requirements, =
USTR will publish the 2010 Special 301 Report on or about April 30, 2010.

Address: All written comments, requests to testify, and hearing statements =
should be sent electronically via http://www.regulations.gov, docket number=
 USTR-2010-0003.  Submissions should contain the term =932010 Special 301 R=
eview=94 in the =93Type comment & Upload file=94 field on www.regulations.g=
ov.

For further information contact:  Jennifer Choe Groves, Senior Director for=
 Intellectual Property and Innovation and Chair of the Special 301 Committe=
e, Office of the United States Trade Representative, at (202) 395-4510.  Fu=
rther information about Special 301 can be located at www.ustr.gov.


Supplementary Information:

1.=09Background

USTR requests that interested persons identify those countries that deny ad=
equate and effective protection for intellectual property rights or deny fa=
ir and equitable market access to U.S. persons who rely on intellectual pro=
perty protection.  USTR requests that, where relevant, submissions mention =
particular regions, provinces, states, or other subdivisions of a country i=
n which an act, policy, or practice is believed to warrant special attentio=
n.  Submissions may report positive or negative developments with respect t=
o these sub-national entities.

Section 182 contains a special rule regarding actions of Canada affecting U=
nited States cultural industries.  The USTR must identify any act, policy o=
r practice of Canada that affects cultural industries, is adopted or expand=
ed after December 17, 1992, and is actionable under Article 2106 of the Nor=
th American Free Trade Agreement (NAFTA).  USTR must make the above-referen=
ced identifications within 30 days after publication of the National Trade =
Estimate (NTE) report, i.e., approximately April 30, 2010.

2.=09Public Comments

a.=09Written Comments

The Special 301 Committee invites written submissions from the public conce=
rning foreign countries=92 acts, policies, or practices that are relevant t=
o the decision whether a particular trading partner should be identified un=
der Section 182 of the Trade Act.  As noted above, interested parties, exce=
pt for foreign governments, must submit written comments by February 16, 20=
10 at 5:00 p.m.  Interested foreign governments must submit written comment=
s by February 23, 2010 at 5:00 p.m.

b.=09Requirements for Comments

Written comments should include a description of the problems experienced b=
y the submitter and the effect of the acts, policies, and practices on U.S.=
 industry.  Comments should be as detailed as possible and should provide a=
ll necessary information for assessing the effect of the acts, policies, an=
d 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 vi=
a http://www.regulations.gov, docket number USTR-2010-0003.

To submit comments to http://www.regulations.gov, find the docket by enteri=
ng the number USTR-2010-0003 in the ``Enter Keyword or ID'' window at the h=
ttp://www.regulations.gov home page and click ``Search.''  The site will pr=
ovide a search-results page listing all documents associated with this dock=
et.  Find a reference to this notice by selecting =93Notice=94 under =93Doc=
ument Type=94 on the left side of the search-results page, and click on the=
 link entitled =93Submit a comment.=94  (For further information on using t=
he http://www.regulations.gov website, please consult the resources provide=
d on the website by clicking on =93How to Use This Site=94 on the left side=
 of the home page).

The http://www.regulations.gov site provides the option of providing commen=
ts by filling in a =93Type comment & Upload file=94 field, or by attaching =
a document.  It is USTR=92s preference that comments be provided in an atta=
ched document.  If a document is attached, please type =932010 Special 301 =
Review=94 in the =93Type comment & Upload file=94 field.  USTR prefers subm=
issions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the submission=
 is in an application other than those two, please indicate the name of the=
 application in the ``Comments'' field.


3.=09Public Hearing

a.=09Notice of Public Hearing

The Special 301 Committee will hold a public hearing at the United States I=
nternational Trade Commission, 500 E St. S.W., Washington, D.C. 20436 for i=
nterested parties, including representatives of foreign governments, beginn=
ing on March 3 and continuing through March 4-8 (as necessary).  The hearin=
g will be open to the public, and a transcript of the hearing will be made =
available on www.ustr.gov.

b.=09Submission of Requests to Testify at the Public Hearing and Hearing St=
atements

All interested parties, except foreign governments, wishing to testify at t=
he hearing must submit, by 5:00 p.m. on February 16, 2010, a =93Notice of I=
ntent to Testify=94 and =93Hearing Statement=94 to http://www.regulations.g=
ov (following the procedures set forth in =93Requirements for Comments=94 a=
bove), the name of the witness, name of the organization (if applicable), a=
ddress, telephone number, fax number, and e-mail address.  Oral testimony b=
efore the Special 301 Committee will be limited to one five-minute presenta=
tion in English.  A five-minute period will be allowed for questions from t=
he Special 301 Committee. If those testifying wish to submit a longer =93He=
aring Statement=94 for the record, it must accompany the =93Notice of Inten=
t to Testify=94 to be submitted on February 16, 2010.

All interested foreign governments who wish to testify at the hearing must =
submit, by 5:00 p.m. on February 23, 2010, a =93Notice of Intent to Testify=
=94 to http://www.regulations.gov (following the procedures set forth in =
=93Requirements for Comments=94 above), the name of the witness, name of th=
e organization (if applicable), address, telephone number, fax number, and =
e-mail address.  Oral testimony before the Special 301 Committee will be li=
mited to one five-minute presentation in English.  A five-minute period wil=
l be allowed for questions from the Special 301 Committee.  If foreign gove=
rnments testifying wish to submit a =93Hearing Statement=94 for the record,=
 it must be submitted by February 23, 2010.

4.=09Business Confidential Information

A person requesting that information contained in a comment submitted by th=
at person be treated as confidential business information must certify that=
 such information is business confidential and would not customarily be rel=
eased to the public by the submitter.  Confidential business information mu=
st be clearly designated as such, the submission must be marked =93BUSINESS=
 CONFIDENTIAL=94 at the top and bottom of the cover page and each succeedin=
g page, and the submission should indicate, via brackets, the specific info=
rmation that is confidential.  Additionally, =93Business Confidential=94 sh=
ould be included in the =93Type comment & Upload file=94 field.  Anyone sub=
mitting a comment containing business confidential information must also su=
bmit as a separate submission a non-confidential version of the confidentia=
l submission, indicating where confidential information has been redacted. =
 The non-confidential summary will be placed in the docket and open to publ=
ic inspection.

5.=09Inspection of Comments, Notices, and Hearing Statements

USTR will maintain a docket on the 2010 Special 301 Review, accessible to t=
he public.  The public file will include non-confidential comments,  notice=
s of intent to testify, and hearing statements received by USTR from the pu=
blic, including foreign governments, with respect to the 2010 Special 301 R=
eview.  Comments will be placed in the docket and open to public inspection=
 pursuant to 15 CFR 2006.13, except confidential business information exemp=
t from public inspection in accordance with 15 CFR 2006.15.  Comments may b=
e viewed on the http://www.regulations.gov website by entering docket numbe=
r USTR-2010-0003 in the search field on the home page.
_________________________________
Stanford K. McCoy
Assistant U.S. Trade Representative for Intellectual Property and Innovatio=
n




-------------
Mike Palmedo
Assistant Director, PIJIP
American University Washington College of Law
202-274-4442 | mpalmedo@wcl.american.edu
http://wcl.american.edu/pijip