98-2596. Identification of Countries Under Section 182 of the Trade Act of 1974; Request for Public Comment

[Federal Register Volume 63, Number 22 (Tuesday, February 3, 1998)]
[Notices]
[Pages 5598-5599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2596]


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OFFICE OF THE UNITED STATE 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 countries that deny adequate and effective protection of 
intellectual property rights or deny fair and

[[Page 5599]]

equitable market access to U.S. persons who rely on intellectual 
property protection. (Section 192 is commonly referred to as the 
``Special 301'' provisions in the Trade Act.) In addition, the USTR is 
required to determine which of these countries should be identified as 
priority foreign countries. Acts, policies or practices which are the 
basis of a country's identification as a priority foreign country are 
normally the subject of an investigation under the Section 301 
provisions of the Trade Act. 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 Monday, 
February 23, 1998.

ADDRESSES: Submissions should be sent to Sylvia Harrison, Special 
Assistant to the Section 301 Committee, Room 416, 600 17th Street, NW., 
Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Claude Burcky, Director for 
Intellectual Property [phone]; Steve Fox, Deputy Director for 
Intellectual Property [phone], or Geralyn S. Ritter, Associate 
General Counsel [phone], Office of the United States Trade 
Representative.

SUPPLEMENTARY INFORMATION: Purusant 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 which 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.
    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). Any such act, policy or practice so identified shall 
be treated the same as an act, policy or practice which was the basis 
for a country's identification as a priority foreign country under 
Section 182(a)(2) of the Trade Act (i.e., such acts, policies or 
practices shall be the subject of a Section 301 investigation under the 
``Special 301'' procedures), unless the United States has already taken 
action pursuant to Article 2106 of the NAFTA.
    USTR must make the above-referenced identifications within 30 days 
after publication of the National Trade Estimate (NTE) report, i.e., no 
later than April 30, 1998.

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 416, 600 17th Street, N.W., Washington, D.C. 20508, no later than 
12:00 noon on Monday, February 23, 1998. Because submissions will be 
placed in a file open to public inspections 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 10:00 a.m. to 12:00 noon and from 1:00 p.m. to 4:00 
p.m., Monday through Friday.
Joseph Papovich,
Assistant USTR for Services, Investment and Intellectual Property.
[FR Doc. 98-2596 Filed 2-2-98; 8:45 am]
BILLING CODE 3190-01-M