81 FR 1277 - 2016 Special 301 Review: Identification of Countries Under Section 182 of the Trade Act of 1974: Request for Public Comment and Announcement of Public Hearing

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 81, Issue 6 (January 11, 2016)

Page Range		1277-1278
FR Document		2015-33278

Section 182 of the Trade Act of 1974 (Trade Act) requires the United States Trade Representative (Trade Representative) to identify countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. The provisions of Section 182 are commonly referred to as the ``Special 301'' provisions of the Trade Act. The Trade Act requires the Trade Representative to determine which, if any, of these countries to identify as Priority Foreign Countries. Acts, policies, or practices that are the basis of a country's identification as a Priority Foreign Country can be subject to the procedures set out in sections 301-305 of the Trade Act. In addition, the Office of the United States Trade Representative (USTR) has created a ``Priority Watch List'' and ``Watch List'' to assist the Administration in pursuing the goals of the Special 301 provisions. Placement of a trading partner on the Priority Watch List of Watch List indicates that particular problems exist in that country with respect to IPR protection, enforcement or market access for persons that rely on intellectual property protection. Trading partners placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas. USTR chairs the Special 301 Subcommittee (Subcommittee) of the Trade Policy Staff Committee. The Subcommittee reviews information from many sources, and consults with and makes recommendations to the Trade Representative on issues arising under Special 301. Written submissions from the public are a key source of information for the Special 301 review process. In 2015, USTR again will conduct a public hearing as part of the review process as well as offer the opportunity, as described below, for hearing participants to provide additional information relevant to the review. At the conclusion of the process, USTR will publish the results of the review in a ``Special 301'' Report. USTR is hereby requesting written submissions from the public concerning foreign 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. USTR requests that interested persons provide the information described below in the ``Public Comments'' section, and identify whether a particular trading partner should be named as a Priority Foreign Country under Section 182 of the Trade Act or placed on the Priority Watch List or Watch List. Foreign governments that have been identified in previous Special 301 Reports or that are nominated for review in 2016 are considered interested parties, and are invited to respond to this request for public submissions. Interested persons and foreign governments wishing to submit information to be considered during the review or testify at the public hearing must adhere to the procedures and deadlines stet forth below.

Federal Register, Volume 81 Issue 6 (Monday, January 11, 2016)

[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1277-1278]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33278]



[[Page 1277]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2015-0022]


2016 Special 301 Review: Identification of Countries Under 
Section 182 of the 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) requires the 
United States Trade Representative (Trade Representative) to identify 
countries that deny adequate and effective protection of intellectual 
property rights (IPR) or deny fair and equitable market access to U.S. 
persons who rely on intellectual property protection. The provisions of 
Section 182 are commonly referred to as the ``Special 301'' provisions 
of the Trade Act. The Trade Act requires the Trade Representative to 
determine which, if any, of these countries to identify as Priority 
Foreign Countries. Acts, policies, or practices that are the basis of a 
country's identification as a Priority Foreign Country can be subject 
to the procedures set out in sections 301-305 of the Trade Act.
    In addition, the Office of the United States Trade Representative 
(USTR) has created a ``Priority Watch List'' and ``Watch List'' to 
assist the Administration in pursuing the goals of the Special 301 
provisions. Placement of a trading partner on the Priority Watch List 
of Watch List indicates that particular problems exist in that country 
with respect to IPR protection, enforcement or market access for 
persons that rely on intellectual property protection. Trading partners 
placed on the Priority Watch List are the focus of increased bilateral 
attention concerning the problem areas.
    USTR chairs the Special 301 Subcommittee (Subcommittee) of the 
Trade Policy Staff Committee. The Subcommittee reviews information from 
many sources, and consults with and makes recommendations to the Trade 
Representative on issues arising under Special 301. Written submissions 
from the public are a key source of information for the Special 301 
review process. In 2015, USTR again will conduct a public hearing as 
part of the review process as well as offer the opportunity, as 
described below, for hearing participants to provide additional 
information relevant to the review. At the conclusion of the process, 
USTR will publish the results of the review in a ``Special 301'' 
Report.
    USTR is hereby requesting written submissions from the public 
concerning foreign 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. USTR requests that interested persons provide the 
information described below in the ``Public Comments'' section, and 
identify whether a particular trading partner should be named as a 
Priority Foreign Country under Section 182 of the Trade Act or placed 
on the Priority Watch List or Watch List. Foreign governments that have 
been identified in previous Special 301 Reports or that are nominated 
for review in 2016 are considered interested parties, and are invited 
to respond to this request for public submissions. Interested persons 
and foreign governments wishing to submit information to be considered 
during the review or testify at the public hearing must adhere to the 
procedures and deadlines stet forth below.

DATES: The schedule and deadlines for the 2016 Special 301 review are 
as follows:
    Friday, February 5, 2016 at midnight EST--Deadline for interested 
persons to submit written comments, notices of intent to testify at the 
Special 301 Public Hearing, and Hearing statements.
    Friday, February 19, 2016 at midnight EST--Deadline for foreign 
governments to submit written comments, notices of intent to testify at 
the Special 301 Public Hearing, and although not mandatory, any 
prepared hearing statements.
    Tuesday, March 1, 2016--Public Hearing--The Special 301 
Subcommittee will hold a public hearing for interested persons, 
including representatives of foreign governments, at the Office of the 
United State Trade Representative, 1724 F Street, NW., Rooms 1&2, 
Washington, DC 20508. If necessary, the hearing may continue on the 
next business day. Please consult the USTR Web site for confirmation of 
the date and location and the schedule of witnesses.
    Friday, March 4, 2016 at midnight EST--Deadline for submitting 
post-hearing written comments. Interested persons who testified at the 
public hearing may provide written comments after the hearing. To 
ensure consideration, comments must be received no later than Friday, 
March 4, 2016. Please submit additional written comments electronically 
via www.regulations.gov, docket number USTR-2015-0022.
    On or about April 30, 2016--USTR will publish the 2016 Special 301 
Report within 30 days of the publication of the National Trade Estimate 
(NTE) Report.

ADDRESSES: All written comments, notices of intent to testify at the 
public hearing, hearing statements and post-hearing written responses 
must be in English and submitted electronically via 
www.regulations.gov, Docket Number USTR-2015-0022. Please specify 
``2016 Special 301 Review'' in the ``Type Comment'' field.

FOR FURTHER INFORMATION CONTACT: Christine Peterson, Director for 
Intellectual Property and Innovation, Office of the United States Trade 
Representative, at [email protected]. Information on the Special 
301 Review is available at www.ustr.gov.

SUPPLEMENTARY INFORMATION:

1. Background

    USTR requests that interested persons identify through the process 
outlined in this notice those countries whose acts, policies, or 
practices 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.
    Section 182 further requires the Trade Representative to identify 
any act, policy, or practice of Canada that 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 public is invited to submit views relevant to 
this aspect of the review.
    Section 182 requires the Trade Representative to identify all such 
acts, policies, or practices within 30 days of the publication of the 
NTE Report. In accordance with this statutory requirement, USTR will 
publish the annual Special 301 Report on or about April 30, 2016.

2. Comments From the Public

a. Requirements for Written Comments

    To facilitate the review, written comments should be as detailed as 
possible and provide all necessary information for identifying and 
assessing the effect of the acts, policies, and practices. USTR 
requests that interested parties provide specific references to laws; 
regulations; policy statements, including innovation policies; 
executive, presidential or other orders; and administrative, court or 
other determinations that should factor in the review. USTR also 
requests that, where relevant, submissions mention

[[Page 1278]]

particular regions, provinces, states, or other subdivisions of a 
country in which an act, policy, or practice is believed to warrant 
special attention. Finally, submissions proposing countries for review 
should include data, loss estimates, and other information regarding 
the economic impact on the United States, U.S. industry and the U.S. 
workforce caused by the denial of adequate and effective intellectual 
property protection. Comments that include quantitative loss claims 
should be accompanied by the methodology used in calculating such 
estimated losses.

b. Filing Instructions

    Comments must be in English. All comments should be sent 
electronically via www.regulations.gov, docket number USTR-2015-0022. 
To submit comments, locate the docket (folder) by entering the number 
USTR-2015-0022 in the ``Enter Keyword or ID'' window at the 
www.regulations.gov home page and click ``Search.'' The site will 
provide a search-results page listing all documents associated with 
this docket. Locate the reference to this notice by selecting 
``Notice'' under ``Document Type'' on the left side of the search-
results page, and click on the link entitled ``Comment Now!.'' USTR 
requests that comments be provided in an attached document, and that 
the file be named according to the following protocol, as appropriate: 
Commenter Name or Organization_2016 Special 301_Review_Comment or 
Notice of Intent to Testify or Hearing Testimony. Please include the 
following information in the `Type Comment'' field: ``2016 Special 301 
Review'' and whether the submission is a comment, a request to testify 
at the Public Hearing, or Hearing testimony. Please submit documents 
prepared in (or compatible with) Microsoft Word (.doc) or Adobe Acrobat 
(.pdf) formats. If the submission was prepared in a compatible format, 
please indicate the name of the relevant software application in the 
``Type Comment'' field. For further information on using the 
www.regulations.gov Web site, please select ``How to Use 
Regulations.gov'' on the bottom of any page.

3. Public Hearing

a. Notice of Public Hearing

    The Special 301 Subcommittee will hold a public hearing on March 1, 
2016, at Office of the United State Trade Representative, 1724 F Street 
NW., Rooms 1&2, Washington, DC 20508, at which interested persons, 
including representatives of foreign governments, may appear to provide 
oral testimony. If necessary, the hearing may continue on the next 
business day. The hearing will be open to the public. Because the 
hearings will be located in Federal facilities, security screening will 
be required. Attendees will need to show photo identification and be 
screened for security purposes. Please consult www.ustr.gov to confirm 
the date and location of the hearing and to obtain copies of the 
hearing schedule. USTR also will post the transcript and recording of 
the hearing on the USTR Web site as soon after the hearing as possible.

b. Submission of Notice of Intent To Testify and Hearing Statements

    Prepared oral testimony before the Special 301 Subcommittee must be 
delivered in person, in English, and will be limited to five minutes. 
Subcommittee member agencies may ask questions following the prepared 
statement. Persons, except representatives of foreign governments, 
wishing to testify at the hearing must submit a ``Notice of Intent to 
Testify'' and ``Hearing Statement'' to www.regulations.gov (following 
the procedures set forth in ``Filing Instructions'' above). The filing 
deadline is Friday, February 5, 2016. The Notice of Intent to Testify 
must include the name of the witness, name of the organization (if 
applicable), address, telephone number, fax number, and email address. 
A Hearing Statement must accompany the Notice of Intent to Testify. 
There is no requirement regarding the length of the Hearing Statement; 
however, the content of the testimony must be relevant to the Special 
301 Review.
    All representatives of foreign governments that wish to testify at 
the hearing must submit a ``Notice of Intent to Testify'' to 
www.regulations.gov (following the procedures set forth in ``Filing 
Instructions'' above). The Notice of Intent to Testify must be filed by 
Friday, February 19, 2015, and include the name of the witness, name of 
the organization (if applicable), address, telephone number, fax 
number, and email address. Although not mandatory, government witnesses 
may submit a Hearing Statement when filing the Notice of Intent to 
Testify.

4. Business Confidential Information

    A person requesting that information contained in a comment 
submitted by that person be treated as confidential business 
information must certify that such information is business confidential 
and would not customarily be released to the public by the submitter. 
The filenames of both documents should reflect their status--``BCI'' 
for the business confidential version and ``PUBLIC'' for the public 
version. In the document, confidential business information must be 
clearly designated as such, the submission must be marked ``BUSINESS 
CONFIDENTIAL'' at the top and bottom of the cover page and each 
succeeding page, and the submission should indicate, via brackets, the 
specific information that is confidential.
    Additionally, the submitter should write ``Business Confidential'' 
in the ``Type Comment'' field. Anyone submitting a comment containing 
business confidential information must also submit, as a separate 
submission, a nonbusiness confidential version of the submission, 
indicating where the business confidential information has been 
redacted. The non-business confidential version will be placed in the 
docket at www.regulations.gov and be available for public inspection.

5. Inspection of Comments

    USTR will maintain a publicly accessible docket for the 2016 
Special 301 Review. This public file will include all non-business 
confidential comments, notices of intent to testify, and hearing 
statements that USTR receives from the public, including foreign 
governments, in conjunction with the 2016 Special 301 Review. Comments 
will be placed in the docket upon receipt and be open to public 
inspection pursuant to 15 CFR 2006.13. Comments containing confidential 
business information are exempt from public inspection in accordance 
with 15 CFR 2006.15. However, USTR will require submission of non-
business confidential versions of such documents, as described above, 
and will post non-business confidential versions to the public docket. 
Comments may be viewed at www.regulations.gov by entering docket number 
USTR-2015-0022 in the search field on the home page.

Probir Mehta,
Acting Assistant United States Trade Representative (AUSTR) for 
Intellectual Property and Innovation, Office of the United States Trade 
Representative.
[FR Doc. 2015-33278 Filed 1-8-16; 8:45 am]
BILLING CODE 3290-F5-P

Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices 1277

OFFICE OF THE UNITED STATES process, USTR will publish the results Report within 30 days of the publication
TRADE REPRESENTATIVE of the review in a ‘‘Special 301’’ Report. of the National Trade Estimate (NTE)
USTR is hereby requesting written Report.
[Docket No. USTR–2015–0022]
submissions from the public concerning
foreign countries that deny adequate ADDRESSES: All written comments,
2016 Special 301 Review: Identification notices of intent to testify at the public
of Countries Under Section 182 of the and effective protection of intellectual
property rights or deny fair and hearing, hearing statements and post-
Trade Act of 1974: Request for Public hearing written responses must be in
Comment and Announcement of equitable market access to U.S. persons
who rely on intellectual property English and submitted electronically via
Public Hearing www.regulations.gov, Docket Number
protection. USTR requests that
AGENCY: Office of the United States interested persons provide the USTR–2015–0022. Please specify ‘‘2016
Trade Representative. information described below in the Special 301 Review’’ in the ‘‘Type
ACTION: Request for written submissions ‘‘Public Comments’’ section, and Comment’’ field.
from the public and announcement of identify whether a particular trading FOR FURTHER INFORMATION CONTACT:
public hearing. partner should be named as a Priority Christine Peterson, Director for
Foreign Country under Section 182 of Intellectual Property and Innovation,
SUMMARY: Section 182 of the Trade Act
the Trade Act or placed on the Priority Office of the United States Trade
of 1974 (Trade Act) requires the United
Watch List or Watch List. Foreign Representative, at
States Trade Representative (Trade
governments that have been identified Special301@ustr.eop.gov. Information
Representative) to identify countries
in previous Special 301 Reports or that on the Special 301 Review is available
that deny adequate and effective
are nominated for review in 2016 are at www.ustr.gov.
protection of intellectual property rights
considered interested parties, and are
(IPR) or deny fair and equitable market SUPPLEMENTARY INFORMATION:
invited to respond to this request for
access to U.S. persons who rely on public submissions. Interested persons 1. Background
intellectual property protection. The and foreign governments wishing to
provisions of Section 182 are commonly USTR requests that interested persons
submit information to be considered
referred to as the ‘‘Special 301’’ during the review or testify at the public identify through the process outlined in
provisions of the Trade Act. The Trade hearing must adhere to the procedures this notice those countries whose acts,
Act requires the Trade Representative to and deadlines stet forth below. policies, or practices deny adequate and
determine which, if any, of these effective protection for intellectual
DATES: The schedule and deadlines for
countries to identify as Priority Foreign property rights or deny fair and
the 2016 Special 301 review are as
Countries. Acts, policies, or practices equitable market access to U.S. persons
follows:
that are the basis of a country’s Friday, February 5, 2016 at midnight who rely on intellectual property
identification as a Priority Foreign EST—Deadline for interested persons to protection.
Country can be subject to the submit written comments, notices of Section 182 further requires the Trade
procedures set out in sections 301–305 intent to testify at the Special 301 Public Representative to identify any act,
of the Trade Act. Hearing, and Hearing statements. policy, or practice of Canada that affects
In addition, the Office of the United Friday, February 19, 2016 at midnight cultural industries, is adopted or
States Trade Representative (USTR) has EST—Deadline for foreign governments expanded after December 17, 1992, and
created a ‘‘Priority Watch List’’ and to submit written comments, notices of is actionable under Article 2106 of the
‘‘Watch List’’ to assist the intent to testify at the Special 301 Public North American Free Trade Agreement
Administration in pursuing the goals of Hearing, and although not mandatory, (NAFTA). The public is invited to
the Special 301 provisions. Placement of any prepared hearing statements. submit views relevant to this aspect of
a trading partner on the Priority Watch Tuesday, March 1, 2016—Public the review.
List of Watch List indicates that Hearing—The Special 301 Section 182 requires the Trade
particular problems exist in that country Subcommittee will hold a public Representative to identify all such acts,
with respect to IPR protection, hearing for interested persons, including policies, or practices within 30 days of
enforcement or market access for representatives of foreign governments, the publication of the NTE Report. In
persons that rely on intellectual at the Office of the United State Trade accordance with this statutory
property protection. Trading partners Representative, 1724 F Street, NW., requirement, USTR will publish the
placed on the Priority Watch List are the Rooms 1&2, Washington, DC 20508. If annual Special 301 Report on or about
focus of increased bilateral attention necessary, the hearing may continue on April 30, 2016.
concerning the problem areas. the next business day. Please consult
USTR chairs the Special 301 the USTR Web site for confirmation of 2. Comments From the Public
Subcommittee (Subcommittee) of the the date and location and the schedule a. Requirements for Written Comments
Trade Policy Staff Committee. The of witnesses.
Subcommittee reviews information from Friday, March 4, 2016 at midnight To facilitate the review, written
many sources, and consults with and EST—Deadline for submitting post- comments should be as detailed as
makes recommendations to the Trade hearing written comments. Interested possible and provide all necessary
Representative on issues arising under persons who testified at the public information for identifying and
Special 301. Written submissions from hearing may provide written comments assessing the effect of the acts, policies,
the public are a key source of after the hearing. To ensure and practices. USTR requests that
information for the Special 301 review consideration, comments must be interested parties provide specific
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process. In 2015, USTR again will received no later than Friday, March 4, references to laws; regulations; policy
conduct a public hearing as part of the 2016. Please submit additional written statements, including innovation
review process as well as offer the comments electronically via policies; executive, presidential or other
opportunity, as described below, for www.regulations.gov, docket number orders; and administrative, court or
hearing participants to provide USTR–2015–0022. other determinations that should factor
additional information relevant to the On or about April 30, 2016—USTR in the review. USTR also requests that,
review. At the conclusion of the will publish the 2016 Special 301 where relevant, submissions mention

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Request for written submissions from the public and announcement of public hearing.
Dates		The schedule and deadlines for the 2016 Special 301 review are as follows:
Contact		Christine Peterson, Director for Intellectual Property and Innovation, Office of the United States Trade Representative, at [email protected] Information on the Special 301 Review is available at www.ustr.gov.
FR Citation		81 FR 1277