Notice2025-22571
Request for Comments and Notice of a Public Hearing Regarding the 2026 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 11, 2025
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 90 Issue 236 (Thursday, December 11, 2025)</title>
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[Federal Register Volume 90, Number 236 (Thursday, December 11, 2025)]
[Notices]
[Pages 57519-57521]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22571]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2025-0243]
Request for Comments and Notice of a Public Hearing Regarding the
2026 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
[[Page 57520]]
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 28, 2026 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 11, 2026 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 18, 2026: The Special 301 Subcommittee (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 25, 2026 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 30, 2026: USTR will publish the 2026 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-2025-0243 For alternatives to on-line
submissions, please contact USTR at <a href="/cdn-cgi/l/email-protection#c291b2a7a1aba3aef1f2f382b7b1b6b0eca7adb2eca5adb4"><span class="__cf_email__" data-cfemail="e9ba998c8a808885dad9d8a99c9a9d9bc78c8699c78e869f">[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#4a193a2f29232b26797a7b0a3f393e38642f253a642d253c"><span class="__cf_email__" data-cfemail="12416277717b737e21222352676166603c777d623c757d64">[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 who rely on
intellectual property protection. Trading partners placed on the
Priority Watch List are the focus of increased bilateral engagement
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. In 2026, 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 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 on or about April 30, 2026.
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 Hearing
The Special 301 Subcommittee will convene a public hearing on
February 18, 2026, 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 present REAL ID-
compliant state-issued identification or other acceptable identifcation
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.
[[Page 57521]]
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 28, 2026, and
foreign government witnesses must submit a notice of intent to testify
and a hearing statement by February 11, 2026. 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-2025-0243. To submit comments,
locate the docket (folder) by entering the number USTR-2025-0243 in the
`search for dockets and 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_2026 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: `2026
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 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#82d1f2e7e1ebe3eeb1b2b3c2f7f1f6f0ace7edf2ace5edf4"><span class="__cf_email__" data-cfemail="80d3f0e5e3e9e1ecb3b0b1c0f5f3f4f2aee5eff0aee7eff6">[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-2025-0243in
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. 2025-22571 Filed 12-10-25; 8:45 am]
BILLING CODE 3390-F3-P
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