Notice2021-26899
Request for Comments and Notice of a Public Hearing Regarding the 2022 Special 301 Review
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 13, 2021
Issuing agencies
Trade Representative, Office of United States
Abstract
Each year, the Office of the United States Trade Representative (USTR) conducts a review to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to U.S. persons who rely on IP protection. Based on this review, the U.S. Trade Representative determines which, if any, of these countries to identify as Priority Foreign Countries. USTR requests written comments that identify acts, policies, or practices that may form the basis of a country's identification as a Priority Foreign Country or placement on the Priority Watch List or Watch List.
Full Text
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<title>Federal Register, Volume 86 Issue 236 (Monday, December 13, 2021)</title>
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[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70885-70886]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26899]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2021-0021]
Request for Comments and Notice of a Public Hearing Regarding the
2022 Special 301 Review
AGENCY: Office of the United States Trade Representative.
ACTION: Request for comments and notice of public hearing.
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SUMMARY: Each year, the Office of the United States Trade
Representative (USTR) conducts a review to identify countries that deny
adequate and effective protection of intellectual property (IP) rights
or deny fair and equitable market access to U.S. persons who rely on IP
protection. Based on this review, the U.S. Trade Representative
determines which, if any, of these countries to identify as Priority
Foreign Countries. USTR requests written comments that identify acts,
policies, or practices that may form the basis of a country's
identification as a Priority Foreign Country or placement on the
Priority Watch List or Watch List.
DATES:
January 31, 2022 at 11:59 p.m. EST: Deadline for submission of
written comments from the public.
February 14, 2022 at 11:59 p.m. EST: Deadline for submission of
written comments from foreign governments.
February 23, 2022: Deadline for the Special 301 Subcommittee of the
Trade Policy Staff Committee (Subcommittee) to pose questions on
written comments.
March 8, 2022 at 11:59 p.m. EST: Deadline for submission of
commenters' responses to questions from the Subcommittee.
On or about April 29, 2022: USTR will publish the 2022 Special 301
Report within 30 days of the publication of the National Trade Estimate
Report.
ADDRESSES: USTR strongly encourages electronic submissions made through
the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(<a href="http://Regulations.gov">Regulations.gov</a>). Follow the submission instructions in section IV
below. The docket number is USTR-2021-0021. For alternatives to on-line
submissions, please contact USTR at <a href="/cdn-cgi/l/email-protection#f2a18297919b939ec1c2c3b287818680dc979d82dc959d84"><span class="__cf_email__" data-cfemail="24775441474d454817141564515750560a414b540a434b52">[email protected]</span></a> before
transmitting a comment and in advance of the relevant deadline.
FOR FURTHER INFORMATION CONTACT: Jacob Ewerdt, Director for Innovation
and Intellectual Property, at <a href="/cdn-cgi/l/email-protection#1b486b7e78727a77282b2a5b6e686f69357e746b357c746d"><span class="__cf_email__" data-cfemail="b4e7c4d1d7ddd5d8878485f4c1c7c0c69ad1dbc49ad3dbc2">[email protected]</span></a> or (202) 395-
4510. You can find information about the Special 301 Review at <a href="https://www.ustr.gov">https://www.ustr.gov</a>.
SUPPLEMENTARY INFORMATION:
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 U.S. Trade
Representative to identify countries that deny adequate and effective
IP protections or fair and equitable market access to U.S. persons who
rely on IP protection. The Trade Act requires the U.S. 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 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 IP protection, enforcement, or market access for persons that rely
on intellectual property protection. Trading partners placed on the
Priority Watch List are the
[[Page 70886]]
focus of increased bilateral attention concerning the problem areas.
USTR chairs the Subcommittee, which reviews information from many
sources, and consults with and makes recommendations to the U.S. 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. As discussed below, in 2022, in lieu of an in-person
hearing, the Subcommittee will submit written questions to commenters
as part of the review process and will allow commenters to provide
written responses. 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 the acts, policies, or
practices of which deny adequate and effective protection for IP rights
or deny fair and equitable market access to U.S. persons who rely on IP
protection. The Special 301 provisions also require the U.S. 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 32.6 of the United States-Mexico-
Canada Agreement (USMCA) (as defined in section 3 of the USMCA
Implementation Act). USTR invites the public to submit views relevant
to this aspect of the review.
The Special 301 provisions require the U.S. Trade Representative to
identify all such acts, policies, or practices within 30 days of the
publication of the National Trade Estimate Report. In accordance with
this statutory requirement, USTR will publish the annual Special 301
Report about April 29, 2022.
II. Public Comments
To facilitate this year's 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 into 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.
III. Public Participation
In 2022, due to COVID-19, USTR will foster public participation via
written submissions rather than an in-person hearing. The Subcommittee
will review written comments and may ask clarifying questions to
commenters. The Subcommittee will post the questions on the public
docket, other than questions that include properly designated business
confidential information (BCI). The Subcommittee will send questions
that include properly designated BCI to the relevant commenters by
email, and will not post these questions on the public docket. Replies
to questions that contain BCI must follow the procedures in section IV
below.
In order to be eligible to receive written questions, the written
submissions must be in English and must include the name, address,
telephone number, email address, and firm or affiliation of the
submitter.
IV. Submission Instructions
All submissions must be in English and sent electronically via
<a href="http://Regulations.gov">Regulations.gov</a> using docket number USTR-2021-0021. To submit comments,
locate the docket (folder) by entering the number USTR-2021-0021 in the
`enter keyword or ID' window at the <a href="http://Regulations.gov">Regulations.gov</a> 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'.
USTR requests that you provide comments in an attached document,
and that you name the file according to the following protocol:
Commenter Name or Organization_2022 Special 301_Review_Comment. Please
include the following information in the `type comment' field: `2022
Special 301 Review.' Please submit documents prepared in (or compatible
with) Microsoft Word (.doc) or Adobe Acrobat (.pdf) formats. If you
prepare the submission in a compatible format, please indicate the name
of the relevant software application in the `type comment' field. For
further information on using <a href="http://Regulations.gov">Regulations.gov</a>, please select `how to use
<a href="http://Regulations.gov">Regulations.gov</a>' on the bottom of any page.
Please do not attach separate cover letters to electronic
submissions; rather, include any information that might appear in a
cover letter in the comments themselves. Similarly, to the extent
possible, please include any exhibits, annexes, or other attachments in
the same file as the comment itself, rather than submitting them as
separate files.
For any comments that contains BCI, the file name of the business
confidential version should begin with the characters `BCI'. Any page
containing BCI must be clearly marked `BUSINESS CONFIDENTIAL' on the
top of that page and the submission should clearly indicate, via
brackets, highlighting, or other means, the specific information that
is business confidential. A filer requesting business confidential
treatment must certify that the information is business confidential
and that they would not customarily release it to the public.
Additionally, the filer should type `business confidential' in the
`type comment' field. Filers of comments containing BCI also must
submit a public version of their comments. The file name of the public
version should begin with the character `P'. The `BCI' and `P' should
be followed by the name of the person or entity submitting the
comments. Filers submitting comments containing no BCI should name
their file using the name of the person or entity submitting the
comments.
As noted, USTR strongly urges commenters to submit comments through
<a href="http://Regulations.gov">Regulations.gov</a>. You must make any alternative arrangements before
transmitting a document and in advance of the relevant deadline by
contacting USTR at <a href="/cdn-cgi/l/email-protection#d083a0b5b3b9b1bce3e0e190a5a3a4a2feb5bfa0feb7bfa6"><span class="__cf_email__" data-cfemail="affcdfcaccc6cec39c9f9eefdadcdbdd81cac0df81c8c0d9">[email protected]</span></a>.
USTR will place comments in the docket and they will be open to
public inspection, except properly designated BCI. You can view
comments on <a href="http://Regulations.gov">Regulations.gov</a> by entering Docket Number USTR-2021-0021 in
the `search' field on the home page.
Daniel Lee,
Assistant U.S. Trade Representative for Innovation and Intellectual
Property, Office of the United States Trade Representative.
[FR Doc. 2021-26899 Filed 12-10-21; 8:45 am]
BILLING CODE 3290-F2-P
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