97-416. Identifications of Countries Under Section 182 of the Trade Act of 1974: Request for Public Comment

[Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
[Notices]
[Page 1142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-416]



[[Page 1142]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Identifications 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 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.

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SUMMARY: Section 182 of the Trade Act of 1974, as amended (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 who rely on intellectual property protection. 19 U.S.C. 2242. 
In addition, the USTR is required to determine which of the countries 
identified should be designated as priority foreign countries. Priority 
foreign countries typically are subject to a ``special'' 301 
investigation of the acts, policies or practices which led to their 
designation. Section 182 of the Trade Act contains a special rule for 
the identification of actions by Canada affecting United States 
cultural industries.
    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: Submissions must be received on or before 12:00 noon on Tuesday, 
February 18, 1997.

FOR FURTHER INFORMATION CONTACT: Joseph Papovich, Deputy Assistant USTR 
for Intellectual Property [phone]; Claude Burcky, Director for 
Intellectual Property [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, 
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.
    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.
    Section 182 contains a special rule regarding actions of Canada 
affecting United States cultural industries. The USTR is obligated to 
identify any act, policy or practice of Canada which affects cultural 
industries, is adopted or expanded after December 17, 1992, and is 
actionable under article 2106 of the North American Free Trade 
Agreement (NAFTA). The identification of any such act, policy or 
practice shall have the same status as a priority foreign country 
designation under section 182(a)(2) of the Trade Act (i.e., the rules 
regarding initiation of a ``special'' 301 investigation will apply), 
unless the United States has already taken action pursuant to section 
2106 of the NAFTA.
    USTR must make the above-referenced identifications and 
designations within 30 days after publication of the National Trade 
Estimate (NTE) report, i.e., no later than April 30, 1997. Priority 
foreign countries typically are subject to a ``special'' 301 
investigation of the acts, policies or practices which led to their 
designation.
    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 Sybia Harrison, Special 
Assistant to the Section 301 Committee, Room 223, 600 17th Street, NW., 
Washington, D.C. 20508, no later than 12:00 noon on Tuesday, February 
18, 1997. 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, D.C. An 
appointment to review the file may be made by calling Brenda Webb, 
[phone]. The USTR Reading Room is open to the public from 12:00 
noon and from 1:00 p.m. to 4:00 p.m. Monday through Friday.
Joseph Papovich,
Deputy Assistant USTR for Intellectual Property.
[FR Doc. 97-416 Filed 1-7-97; 8:45 am]
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