83 FR 7831 - 2018 Special 301 Review: Identification of Countries Under Section 182 of the Trade Act of 194; Request for Public Comment and Notice of a Public Hearing; Correction

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 36 (February 22, 2018)

The Office of the United States Trade Representative (USTR) published a document in the Federal Register on December 27, 2017 (82 FR 61363), concerning a request for comments and notices of intent to appear at a public hearing on Section 182 of the Trade Act of 1974, commonly referred to as the ``Special 301'' provisions. The dates specified in the notice have changed. Additional information on the hearing is also provided.

[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Pages 7831-7832]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03562]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2017-0024]


2018 Special 301 Review: Identification of Countries Under 
Section 182 of the Trade Act of 194; Request for Public Comment and 
Notice of a Public Hearing; Correction

AGENCY: Office of the United States Trade Representative.

ACTION: Request for comments and notice of public hearing; Correction.

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SUMMARY: The Office of the United States Trade Representative (USTR) 
published a document in the Federal Register on December 27, 2017 (82 
FR 61363), concerning a request for comments and notices of intent to 
appear at a public hearing on Section 182 of the Trade Act of 1974, 
commonly referred to as the ``Special 301'' provisions. The dates 
specified in the notice have changed. Additional information on the 
hearing is also provided.

FOR FURTHER INFORMATION CONTACT: Sung Chang, Director for Innovation 
and Intellectual Property, Office of the United States Trade 
Representative, at [email protected]. You can find information 
about the Special 301 Review at www.ustr.gov.

Corrections

``Dates'' Caption

    In the Federal Register on December 27, 2017 (82 FR 61363), correct 
the ``Dates'' caption to read as follows:

DATES:  March 8, 2018: The Special 301 Subcommittee will hold a public 
hearing at the Office of the United State Trade Representative, 1724 F 
Street NW, Rooms 1&2, Washington DC. If necessary, the hearing may 
continue on the next business day. Please consult the USTR website for 
confirmation of the date and location and the schedule of witnesses.
    March 14, 2018 at midnight EST: Deadline for submission of post-
hearing written comments from persons who testified at the public 
hearing.
    About April 30, 2018: USTR will publish the 2018 Special 301 Report 
within 30 days of the publication of the National Trade Estimate (NTE) 
Report.

``Background'' Caption

    In the Federal Register on December 27, 2017 (82 FR 61363), correct 
the ``Background'' caption to read as follows:

I. Background

    Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242), 
commonly known as the ``Special 301'' provisions, requires the Trade 
Representative to identify countries that deny adequate and effective 
IPR protections or fair and equitable market access to U.S. persons who 
rely on intellectual property protection. 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 (19 U.S.C. 2411-2415).
    In addition, 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 or 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 2018, USTR will conduct a public hearing as part of 
the review process and will allow 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 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 also requires the Trade Representative to identify any 
act, policy, or practice of Canada that affects cultural industries, 
was adopted or expanded after December 17, 1992, and is actionable 
under Article 2106 of the North American Free Trade Agreement (NAFTA). 
USTR invites the public 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 about April 30, 2018.

``Public Comments'' Caption

    In the Federal Register on December 27, 2017 (82 FR 61363), correct 
the ``Public Comments'' caption to read as follows:

II. Public Comments

    To facilitate the review, written comments should be as detailed as 
possible and provide all necessary information to identify and assess 
the effect of the acts, policies, and practices. USTR invites written 
comments that 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 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 include the methodology used to 
calculate the estimated losses.

[[Page 7832]]

``Public Hearing'' Caption

    In the Federal Register on December 27, 2017 (82 FR 61363), correct 
the ``Public Hearing'' caption to read as follows:

III. Public Hearing

    The Special 301 Subcommittee will convene a public hearing on March 
8, 2018, at the Office of the United States Trade Representative, 1724 
F Street NW, Rooms 1 & 2, Washington DC, 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. Because the hearing will take place in Federal 
facilities, attendees must show photo identification and will 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 website as soon after the hearing as possible. 
Witnesses must deliver prepared oral testimony, which is limited to 
five minutes, before the Special 301 Subcommittee in person and in 
English. Subcommittee member agencies may ask questions following the 
prepared statement.
    Notices of intent to testify and hearing statements from the public 
were due on February 8, 2017, and are due from foreign governments on 
February 22, 2018. The submissions must be in English and should 
include: (1) The name, address, telephone number, fax number, email 
address, and firm or affiliation of the individual wishing to testify, 
and (2) a hearing statement that is relevant to the Special 301 review.

Elizabeth L. Kendall,
Assistant U.S. Trade Representative for Innovation and Intellectual 
Property (Acting), Office of the United States Trade Representative.
[FR Doc. 2018-03562 Filed 2-21-18; 8:45 am]
 BILLING CODE 3290-F8-P