Notice2023-26737
Request for Comments and Notice of a Public Hearing Regarding the 2024 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 6, 2023
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 88 Issue 233 (Wednesday, December 6, 2023)</title>
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[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84869-84870]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26737]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2023-0014]
Request for Comments and Notice of a Public Hearing Regarding the
2024 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 30, 2024 at 11:59 p.m. EST: Deadline for submission of
written comments, hearing statements, and notices of intent to appear
at the hearing from the public.
February 13, 2024 at 11:59 p.m. EST: Deadline for submission of
written comments, hearing statements, and notices of intent to appear
at the hearing from foreign governments.
February 21, 2024: 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. Those who intend to testify at the
public hearing must submit a notice of intent to appear by the
deadlines stated above. Please consult the USTR website at <a href="https://ustr.gov/issue-areas/intellectual-property/Special-301">https://ustr.gov/issue-areas/intellectual-property/Special-301</a> for confirmation
of the date and location and the schedule of witnesses.
February 28, 2024 at 11:59 p.m. EST: Deadline for submission of
post-hearing written comments from persons who testified at the public
hearing.
On or about April 26, 2024: USTR will publish the 2024 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-2023-0014. For alternatives to on-line
submissions, please contact USTR at <a href="/cdn-cgi/l/email-protection#e1b291848288808dd2d1d0a194929593cf848e91cf868e97"><span class="__cf_email__" data-cfemail="efbc9f8a8c868e83dcdfdeaf9a9c9b9dc18a809fc1888099">[email protected]</span></a> before
transmitting a comment and in advance of the relevant deadline.
FOR FURTHER INFORMATION CONTACT: Claire Avery-Page, Director for
Innovation and Intellectual Property, at <a href="/cdn-cgi/l/email-protection#a0f3d0c5c3c9c1cc939091e0d5d3d4d28ec5cfd08ec7cfd6"><span class="__cf_email__" data-cfemail="66351603050f070a55565726131512144803091648010910">[email protected]</span></a> or
(202) 395-6862. 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 focus of increased bilateral attention
concerning the problem areas.
USTR chairs the Special 301 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. In 2024, 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 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
[[Page 84870]]
publish the annual Special 301 Report about April 26, 2024.
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 IP protection. Comments that include
quantitative loss claims should include the methodology used to
calculate the estimated losses.
III. Public Hearing
The Special 301 Subcommittee will convene a public hearing on
February 21, 2024, in Rooms 1 and 2, 1724 F Street NW, 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 the USTR website at <a href="https://ustr.gov/issue-areas/intellectual-property/Special-301">https://ustr.gov/issue-areas/intellectual-property/Special-301</a> 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.
Witnesses not from foreign governments must submit a notice of
intent to testify and a hearing statement by January 30, 2024, and
foreign government witnesses must submit a notice of intent to testify
and a hearing statement by February 13, 2024. The submissions must be
in English and must include: (1) the name, address, telephone 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.
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-2023-0014. To submit comments,
locate the docket (folder) by entering the number USTR-2023-0014 in the
`search for dockets or documents on agency actions' 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_2024 Special 301_Review_Comment, or
Notice of Intent to Testify or Hearing Statement. Please include the
following information in the `start typing comment here' field: `2024
Special 301 Review' and whether the submission is a comment, a request
to testify at the hearing, or a hearing statement. 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 `start typing comment here' field. For further
information on using <a href="http://Regulations.gov">Regulations.gov</a>, please select `FAQ' 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 business confidential information
(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 `start typing comment here' 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#81d2f1e4e2e8e0edb2b1b0c1f4f2f5f3afe4eef1afe6eef7"><span class="__cf_email__" data-cfemail="1a496a7f79737b76292a2b5a6f696e68347f756a347d756c">[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-2023-0014 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. 2023-26737 Filed 12-5-23; 8:45 am]
BILLING CODE 3390-F4-P
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