[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Notices]
[Pages 28915-28916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13855]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Generalized System of Preferences and Caribbean Basin Initiative;
Intellectual Property Rights; Notice of Partial Withdrawal of Honduras'
Benefits
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of intention to recommend withdrawal of certain benefits
with respect to Honduras.
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SUMMARY: This notice informs the public that in light of a
determination that Honduras fails to provide adequate and effective
means under its laws for foreign nationals to secure, exercise, and
enforce exclusive rights in intellectual property, the Trade Policy
Staff Committee (TPSC) will recommend to the President that he
partially withdraw duty-free treatment accorded Honduras under the
Generalized System of Preferences (GSP) program and the Caribbean Basin
Initiative (CBI)
Specifically, the TPSC will recommend that $5 million in combined
GSP and CBI trade benefits be withdrawn. These benefits will be
suspended in four months if the intellectual property rights problems
discussed below are not remedied. The public will be given an
opportunity to comment on the specific products to be affected.
FOR FURTHER INFORMATION CONTACT: GSP Subcommittee, Office of the United
States Trade Representative, 600 17th Street, N.W., Room 518,
Washington, D.C. 20508. The telephone number is (202) 395-6971.
SUPPLEMENTARY INFORMATION:
I. The GSP Program
The GSP program grants duty-free treatment to designated eligible
articles that are imported from designated beneficiary developing
countries. The GSP program was authorized by Title V of the Trade Act
of 1974, as amended (``The Trade Act'') (19 U.S.C. 2461 et seq.) and
was implemented by Executive Order 11888 of November 24, 1975, as
modified by subsequent Executive Orders and Presidential Proclamations.
Once granted, GSP benefits may be withdrawn, suspended or limited by
the President with respect to any article or with respect to any
country. In making this determination, the President must consider
several factors, one of which is the extent to which a beneficiary
country is providing adequate and effective means under its laws for
foreign nationals to secure, exercise and enforce exclusive rights in
intellectual property, including patents, trademarks and copyrights. 19
U.S.C. 2462(c)(5). The Caribbean Basin Economic Recovery Act contains
similar requirements. 19 U.S.C. 2702(c)(9). Honduras is a beneficiary
of both the GSP and CBI programs. In 1996, over $5 million of Honduran
imports benefitted from GSP. In 1996 imports under CBI from Honduras
were valued at approximately $160 million.
II. IRP Protection in Honduras
In June 1992 the Motion Picture Export Association of America (now
renamed the Motion Picture Association) filed a petition under the GSP
program alleging that Honduras had failed to provide adequate and
effective copyright protection and enforcement to U.S. copyright
owners. This petition dealt primarily with the unauthorized
broadcasting of pirated
[[Page 28916]]
videos and rebroadcasting of U.S. satellite-carried programming. During
the Caribbean Basin Initiative designation process in the mid-1980's
the Government of Honduras was officially informed of this problem and
gave assurances that it would be resolved. This has not happened. Three
major television stations, one in Tegucigalpa and two in San Pedro
Sula, are the major offenders at present. Other piracy in Honduras
affects our sound recording and book publishing industries.
As a result, the Trade Policy Staff Committee (TPSC) will recommend
to the President that he partially withdraw duty-free treatment
accorded Honduras under the Generalized System of Preferences (GSP)
program and the Caribbean Basin Initiative (CBI). Specifically, the
TPSC will recommend that $5 million in combined GSP and CBI trade
benefits be withdrawn. These benefits will be suspended in four months
if the intellectual property rights problems are not remedied. The
public will be given an opportunity to comment on the specific products
to be affected.
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
[FR Doc. 97-13855 Filed 5-27-97; 8:45 am]
BILLING CODE 3190-01-M
