93-32030. Identification of Priority Foreign Countries: Request for Public Comment

[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32030]


[[Page Unknown]]

[Federal Register: January 3, 1994]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

 

Identification of Priority Foreign Countries: Request for Public 
Comment

AGENCY: Office of the United States Trade Representative.

ACTION: Request for written submissions from the public concerning 
acts, policies, and practices to be considered with respect to 
identification of countries under section 182 of the Trade Act of 1974, 
as amended (Trade Act).

-----------------------------------------------------------------------

SUMMARY: Section 182 of the Trade Act requires the United States Trade 
Representative (USTR) to identify countries that deny adequate and 
effective protection of intellectual property rights or deny fair and 
equitable market access to U.S. persons that rely on intellectual 
property protection. (19 U.S.C. 2242.) In addition, the USTR is 
required to determine which of those countries identified are priority 
foreign countries. Such priority countries could be subject to 
initiation of a ``special'' 301 investigation.
    The USTR requests written submissions from the public concerning 
foreign countries' acts, policies, and practices that are relevant to 
the decision whether particular trading partners should be identified 
under section 182 of the Trade Act.

DATES: Submission must be received on or before 12 noon on Friday, 
February 18, 1994.

FOR FURTHER INFORMATION CONTACT:
Joseph Papovich, Deputy Assistant USTR for Intellectual Property (202) 
395-6864; Gilbert Donahue at [phone]; or Thomas Robertson, 
Associate General Counsel [phone], Office of the United States 
Trade Representative.

SUPPLEMENTARY INFORMATION: Pursuant to section 182 of the Trade Act of 
1974, as amended by the Omnibus Trade and Competiveness Act of 1988, 
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 that rely on intellectual property 
protection. Those countries that have the most onerous or egregious 
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.

    The USTR may not identify a country as a priority foreign country 
if it is entering into good faith negotiations, or making significant 
progress in bilateral or multilateral negotiations, to provide adequate 
and effective protection of intellectual property rights.
    The USTR must decide whether to identify countries as priority 
foreign countries each year and issue a decision within 30 days after 
publication of the National Trade Estimate (NTE) report, i.e., no later 
than April 30, 1993. Priority foreign countries are potentially subject 
to initiation of an investigation under section 301 of the Trade Act.

Requirements for Submissions

    Submissions should include a description of the problems 
experienced and the effect of the acts, policies, and practices on U.S. 
industry. Submissions should be as detailed as possible and should 
provide all necessary information for assessing the effect of the acts, 
policies and practices. Any submissions that include quantitative loss 
claims should be accompanied by the methodology used in calculating 
such estimated losses. Comments must be filed in accordance with the 
requirements set forth in 15 CFR 2006.8(b) (55 FR 20593) and must be 
sent to Dorothy Balaban, Special Assistant to the Section 301 
Committee, room 223, 600 17th Street, NW., Washington, DC 20506, no 
later than 12 noon on Friday, February 18, 1994. Because submissions 
will be placed in a file open to public inspection at USTR, business-
confidential information should not be submitted.

Public Inspection of Submissions

    Within one business day of receipt, submissions will be placed in a 
public file, open for inspection at the USTR Reading Room, in room 101, 
Office of the United States Trade Representative, 600 17th Street, NW., 
Washington, DC. An appointment to review the file may be made by 
calling Brenda Webb, [phone]. 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.
Gordana S. Earp,
Acting Assistant USTR for Services, Investment and Intellectual 
Property.
[FR Doc. 93-32030 Filed 12-30-93; 8:45 am]
BILLING CODE 3190-01-M