Modification of Action Under Section 301(b); Out-of-Cycle Review Under Section 182; and Request for Public Comment: Intellectual Property Laws and Practices of the Government of Ukraine, 53410-53412 [05-17751]
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53410
Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices
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This memorandum shall be published
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Dated: August 26, 2005.
Condoleezza Rice,
Secretary of State, Department of State.
[FR Doc. 05–17808 Filed 9–7–05; 8:45 am]
BILLING CODE 4710–11–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. 301–121]
Modification of Action Under Section
301(b); Out-of-Cycle Review Under
Section 182; and Request for Public
Comment: Intellectual Property Laws
and Practices of the Government of
Ukraine
Office of the United States
Trade Representative.
ACTION: Modification of action under
Section 301(b); out-of-cycle review
under Section 182; and request for
public comment.
AGENCY:
SUMMARY: The United States Trade
Representative (‘‘Trade Representative’’)
has determined that an appropriate
response to the Government of
Ukraine’s adoption of important
improvements to its legislation
protecting intellectual property rights
(‘‘IPR’’) is to terminate the 100% ad
valorem duties currently in place on
Ukrainian exports. In addition, the
Office of the United States Trade
Representative (‘‘USTR’’) is conducting
an out-of-cycle review (‘‘OCR’’) under
Section 182 (commonly referred to as
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the ‘‘Special 301’’ provision) of the
Trade Act of 1974, as amended (‘‘Trade
Act’’) focused on whether Ukraine has
implemented fully the legislative
improvements and has otherwise
strengthened IPR enforcement. At the
conclusion of the OCR, the Trade
Representative will determine whether
to revoke the identification of Ukraine
as a priority foreign country (‘‘PFC’’)
and accordingly to change Ukraine’s
status on the Special 301 list, and
whether to restore Ukraine’s benefits
under the Generalized System of
Preferences (‘‘GSP’’). USTR requests
written comments from the public
concerning these matters.
DATES: The termination of increased
duties is effective with respect to
articles entered, or withdrawn from
warehouse, for consumption on or after
August 30, 2005. Comments should be
submitted by 5 p.m. on October 14,
2005.
ADDRESSES: Comments should be
addressed to Sybia Harrison, Special
Assistant to the Section 301 Committee,
and sent (i) electronically, to
FR0524@ustr.eop.gov, with ‘‘UkraineIPR’’ in the subject line, or (ii) by fax,
to (202) 395–9458, with a confirmation
copy sent electronically to the email
address above.
FOR FURTHER INFORMATION CONTACT: For
questions concerning procedures for
filing comments in response to this
notice: Sybia Harrison, Staff Assistant to
the Section 301 Committee, USTR, (202)
395–3419; for questions concerning the
Special 301 out-of-cycle review: Jennifer
Choe Groves, Director for Intellectual
Property and Chair of the Special 301
Committee, USTR, (202) 395–4510,
Laurie Molnar, Director for European
and Mediterranean Trade Affairs, USTR,
(202) 395–4620, or Stephen Kho,
Associate General Counsel, USTR, (202)
395–3150; for questions concerning
procedures under Section 301: William
Busis, Associate General Counsel and
Chairman of the Section 301 Committee,
USTR, (202) 395–3150; and for
questions concerning entries: Teiko
Campbell, Program Officer, Office of
Trade Compliance and Facilitation, U.S.
Customs and Border Protection,
Department of Homeland Security, (202)
344–2698.
SUPPLEMENTARY INFORMATION:
History of the 301 Investigation
On March 12, 2001, the Trade
Representative identified Ukraine as a
PFC under Special 301. The PFC
identification was based on deficiencies
in Ukraine’s acts, policies and practices
regarding IPR protection, including
weak enforcement, as evidenced by
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alarming levels of piracy of optical
media products (such as CDs and
DVDs), and the failure of the
Government of Ukraine to enact
adequate and effective IPR legislation to
address optical media piracy. The Trade
Representative simultaneously initiated
an investigation (Docket 301–121) under
Section 301(b) of the Trade Act in order
to investigate these IPR protection
issues. See 66 FR 18,346 (April 6, 2001).
In August 2001, the Trade
Representative determined that the acts,
policies, and practices of Ukraine with
respect to IPR protection were
unreasonable and burdened or restricted
United States commerce, and were thus
actionable under section 301(b) of the
Trade Act. As an initial action in
response, the Trade Representative
suspended GSP treatment accorded to
products of Ukraine, effective August
24, 2001. See 66 FR 42,246 (Aug. 10,
2001).
In December 2001, the Trade
Representative took the additional
action of imposing 100% ad valorem
tariffs on certain Ukrainian exports with
an annual trade value of approximately
$75 million, effective January 23, 2002.
The trade value of the action was based
on the level of the burden on U.S.
commerce resulting from Ukraine’s
inadequate protection of U.S. IPR. See
67 FR 120 (Jan. 2, 2002).
In July 2005, USTR notified in writing
representatives of U.S. copyright
industries that, pursuant to Section
307(c) of the Trade Act, the suspension
of Ukraine’s GSP benefits would
terminate unless USTR received a
written request for a continuation from
one or more representatives of U.S.
copyright industries prior to the fouryear anniversary of the GSP suspension
(i.e., prior to August 24, 2005). U.S.
copyright industry representatives
responded in writing prior to August 24,
2005 by requesting that the GSP
suspension remain in place until USTR
determines that Ukraine has adequately
improved IPR enforcement.
Accordingly, the suspension of GSP
benefits continued under Section 307(c)
of the Trade Act.
Since 2001, the Government of the
United States has been working with the
Government of Ukraine to address the
IPR protection issues that are the subject
of this investigation. In particular, the
United States has been encouraging
Ukraine (i) to improve its IPR
legislation, and (ii) to enhance
enforcement of existing IPR laws by, for
example, shutting down pirate optical
disc factories.
E:\FR\FM\08SEN1.SGM
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Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices
OCR and the possible restoration of
Ukraine’s GSP benefits.
Ukraine’s July 2005 Legislation and
Termination of 100% ad valorem
Duties
On July 6, 2005, the Ukrainian
parliament approved a package of
important amendments to its Laserreadable Disc Law (the ‘‘optical media
amendments’’) that strengthen Ukraine’s
licensing regime and enforcement
capabilities to stem the illegal
production and trade of optical media
products. President Yushchenko signed
the amendments into law on July 26,
2005, and they were formally
promulgated on August 2, 2005.
Section 307(a) of the Trade Act
authorizes the Trade Representative to
‘‘modify or terminate any [Section 301]
action, subject to the specific direction,
if any, of the President * * * if * * *
such action is being taken under Section
301(b) and is no longer appropriate.’’ In
passing the optical media amendments,
the Government of Ukraine has
addressed one of the two issues (those
being inadequate IPR legislation and
inadequate IPR enforcement) that were
the basis of the PFC designation and the
Trade Representative’s finding that
Ukraine’s inadequate IPR protections
were actionable under Section 301(b).
The Trade Representative has
determined that an appropriate response
to Ukraine’s adoption of the optical
media amendments is to terminate the
100% ad valorem duties that have been
in place since January 2002. As set out
in the Annex to this notice, the
termination of 100% ad valorem duties
is effective with respect to articles
entered, or withdrawn from warehouse,
for consumption on or after August 30,
2005. Prior to terminating the 100% ad
valorem duties, USTR consulted with
U.S. copyright industries and at this
time is providing an opportunity for
public comment.
Out-of-Cycle Review and Next Steps
The other action previously taken
under Section 301—the August 2001
suspension of Ukraine’s GSP benefits—
will continue pending the results of the
OCR of Ukraine’s Special 301 status.
The OCR focuses on whether Ukraine
has fully implemented the optical media
amendments and has otherwise
improved its IPR enforcement.
At the conclusion of the OCR, the
Trade Representative will consider (1)
whether to take action under section
182(c)(1)(A) of the Trade Act, which
authorizes the Trade Representative to
revoke the identification of any foreign
country as a PFC at any time; and (2)
whether to terminate the suspension of
GSP benefits. As specified below, USTR
seeks public comments in relation to the
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Request for Public Comments
USTR invites public comments on the
following matters:
(i) 100% ad valorem duties—
Comments on the termination of the
100% ad valorem duties, which (as
noted) is effective for entries on or after
August 30, 2005;
(ii) GSP benefits—Comments on the
suspension of Ukraine’s GSP benefits,
including the effectiveness of the GSP
suspension in achieving the objectives
of the 301 investigation; the effects of
the GSP suspension on the U.S.
economy, including consumers; and the
possible restoration of GSP benefits
upon conclusion of the OCR; and
(iii) OCR—Comments addressing the
Special 301 status of Ukraine in the
light of Ukraine’s enforcement of its IPR
laws, including a description of any
problems with and/or improvements in
IPR enforcement in Ukraine (including,
but not limited to, implementation of
the optical media amendments) and the
effect of such problems and/or
improvements on U.S. commerce.
Submitters should feel free to address
any or all of the above matters.
Submitters should make their comments
as detailed as possible and should
provide all necessary information for
assessing the assertions made in the
comments.
Comments should be submitted by 5
p.m. on October 14, 2005. All comments
should be addressed to Sybia Harrison,
Special Assistant to the Section 301
Committee, and sent (i) electronically,
to FR0524@ustr.eop.gov, with ‘‘UkraineIPR’’ in the subject line, or (ii) by fax,
to (202) 395–9458, with a confirmation
copy sent electronically to the email
address above. No submissions will be
accepted via postal service mail.
Documents should be submitted as
either WordPerfect, MS Word, or text
(.TXT) files. Supporting documents
submitted as spreadsheets are
acceptable as Quattro Pro or Excel files.
Submissions should not include
separate cover letters; information that
might appear in a cover letter should be
included in the submission itself. To the
extent possible, any attachments to the
submission should be included in the
same file as the submission itself, and
not as separate files. Comments must be
in English.
In accordance with 15 CFR 2006.15, a
submitter may request that information
contained in a comment be treated as
confidential business information
exempt from public inspection. In such
case, the submitter must also provide a
non-confidential version of the
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53411
comment. For any document containing
confidential business information, the
file name of the business confidential
version should begin with the characters
‘‘BC-’’, and the file name of the public
version should begin with the character
‘‘P-’’. The ‘‘P-’’ or ‘‘BC-’’ should be
followed by the name of the submitter.
Public Inspection of Submissions
Within one business day of receipt,
non-confidential submissions will be
placed in a public file open for
inspection at the USTR reading room,
Office of the United States Trade
Representative, Annex Building, 1724 F
Street, NW., Room 1, Washington, DC.
An appointment to review the file must
be scheduled at least 48 hours in
advance and may be made by calling
Jacqueline Caldwell at (202) 395–6186.
The USTR reading room is open to the
public from 10 a.m. to noon and from
1 p.m. to 4 p.m., Monday through
Friday.
William Busis,
Chairman, Section 301 Committee.
Annex
I. Effective with respect to
merchandise entered, or withdrawn
from warehouse, for consumption on or
after August 30, 2005, the imposition of
100 percent ad valorem tariffs as
provided in subheadings 9903.27.01
(affecting articles in subheading
2710.19.05, 2710.19.10, 2710.99.05 or
2710.99.10); 9903.27.02 (affecting
articles in subheading 2804.29.00);
9903.27.03 (affecting articles in
subheading 2825.60.00); 9903.27.04
(affecting articles in subheading
2849.20.10 or 2849.20.20); 9903.27.05
(affecting articles in subheading
3105.51.00); 9903.27.06 (affecting
articles in subheading 3206.11.00 or
3206.19.00); 9903.27.07 (affecting
articles in subheading 4804.51.00);
9903.27.08 (affecting articles in
subheading 6403.99.60, 6403.99.75 or
6403.99.90); 9903.27.09 (affecting
articles in subheading 6404.19.35);
9903.27.10 (affecting articles in
subheading 7102.10.00); 9903.27.11
(affecting articles in subheading
7102.31.00 or 7102.39.00); 9903.27.12
(affecting articles in subheading
7115.10.00); 9903.27.13 (affecting
articles in heading 7402.00.00);
9903.27.14 (affecting articles in
subheading 7601.20.90); and 9903.27.15
(affecting articles in subheading
8418.69.00) of the Harmonized Tariff
Schedule of the United States is
terminated.
II. Effective August 30, 2005, the
instruction in the notice of January 2,
2002, 67 FR 120, that ‘‘any merchandise
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Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Notices
subject to this determination that is
admitted to U.S. foreign-trade zones on
or after January 23, 2002 must be
admitted as ‘‘privileged foreign status’’
as defined in 19 CFR 146.41’’ is
terminated.
[FR Doc. 05–17751 Filed 9–7–05; 8:45 am]
BILLING CODE 3190–W5–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket Nos. FMCSA–98–4334, FMCSA–99–
5578, FMCSA–99–6480, FMCSA–2000–7363,
FMCSA–2000–8398, FMCSA–2001–9258,
FMCSA–2001–9561, FMCSA–2003–14504]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption;
request for comments.
AGENCY:
SUMMARY: This notice publishes the
FMCSA decision to renew the
exemptions from the vision requirement
in the Federal Motor Carrier Safety
Regulations for 20 individuals. The
FMCSA has statutory authority to
exempt individuals from vision
standards if the exemptions granted will
not compromise safety. The agency has
concluded that granting these
exemptions will provide a level of safety
that will be equivalent to, or greater
than, the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
This decision is effective
September 23, 2005. Comments from
interested persons should be submitted
by October 11, 2005.
ADDRESSES: You may submit comments
identified by DOT DMS Docket
Numbers FMCSA–98–4334, FMCSA–
99–5578, FMCSA–99–6480, FMCSA–
2000–7363, FMCSA–2000–8398,
FMCSA–2001–9258, FMCSA–2001–
9561, and FMCSA–2003–14504 by any
of the following methods:
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DATES:
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15:25 Sep 07, 2005
Jkt 205001
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
Instructions: All submissions must
include the agency name and docket
numbers for this notice. For detailed
instructions on submitting comments
and additional information on the
rulemaking process, see the Public
Participation heading of the
SUPPLEMENTARY INFORMATION section of
this document. Note that all comments
received will be posted without change
to https://dms.dot.gov, including any
personal information provided. Please
see the Privacy Act heading under
Regulatory Notices.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Office of Bus and
Truck Standards and Operations, (202)
366–4001, FMCSA, Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590–0001.
Office hours are from 8 a.m. to 5 p.m.,
e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION: Public
Participation: The DMS is available 24
hours each day, 365 days each year. You
can get electronic submission and
retrieval help guidelines under the
‘‘help’’ section of the DMS Web site. If
you want us to notify you that we
received your comments, please include
a self-addressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the Department of
Transportation’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
Exemption Decision
Under 49 U.S.C. 31315 and 31136(e),
the FMCSA may renew an exemption
from the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-year period if it finds ‘‘such
PO 00000
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exemption would likely achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
absent such exemption.’’ The
procedures for requesting an exemption
(including renewals) are set out in 49
CFR part 381. This notice addresses 20
individuals who have requested renewal
of their exemptions in a timely manner.
The FMCSA has evaluated these 20
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period. They
are:
Grady L. Black, Jr.
John A. Chizmar
Weldon R. Evans
Richard L. Gagnebin
Orasio Garcia
Chester L. Gray
James P. Guth
Rayford R. Harper
Paul M. Hoerner
Edward E. Hooker
Michael S. Maki
John E. Musick
Kenneth A. Reddick
Leonard Rice, Jr.
Richard C. Simms
Edd J. Stabler, Jr.
James T. Sullivan
Steven C. Thomas
Edward A. Vanderhei
Larry J. Waldner
These exemptions are extended
subject to the following conditions: (1)
That each individual have a physical
examination every year (a) by an
ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the standard in 49
CFR 391.41(b)(10), and (b) by a medical
examiner who attests that the individual
is otherwise physically qualified under
49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (3) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file and retain a copy of the certification
on his/her person while driving for
presentation to a duly authorized
Federal, State, or local enforcement
official. Each exemption will be valid
for two years unless rescinded earlier by
the FMCSA. The exemption will be
rescinded if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31315 and
31136(e).
E:\FR\FM\08SEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Notices]
[Pages 53410-53412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17751]
=======================================================================
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-121]
Modification of Action Under Section 301(b); Out-of-Cycle Review
Under Section 182; and Request for Public Comment: Intellectual
Property Laws and Practices of the Government of Ukraine
AGENCY: Office of the United States Trade Representative.
ACTION: Modification of action under Section 301(b); out-of-cycle
review under Section 182; and request for public comment.
-----------------------------------------------------------------------
SUMMARY: The United States Trade Representative (``Trade
Representative'') has determined that an appropriate response to the
Government of Ukraine's adoption of important improvements to its
legislation protecting intellectual property rights (``IPR'') is to
terminate the 100% ad valorem duties currently in place on Ukrainian
exports. In addition, the Office of the United States Trade
Representative (``USTR'') is conducting an out-of-cycle review
(``OCR'') under Section 182 (commonly referred to as the ``Special
301'' provision) of the Trade Act of 1974, as amended (``Trade Act'')
focused on whether Ukraine has implemented fully the legislative
improvements and has otherwise strengthened IPR enforcement. At the
conclusion of the OCR, the Trade Representative will determine whether
to revoke the identification of Ukraine as a priority foreign country
(``PFC'') and accordingly to change Ukraine's status on the Special 301
list, and whether to restore Ukraine's benefits under the Generalized
System of Preferences (``GSP''). USTR requests written comments from
the public concerning these matters.
DATES: The termination of increased duties is effective with respect to
articles entered, or withdrawn from warehouse, for consumption on or
after August 30, 2005. Comments should be submitted by 5 p.m. on
October 14, 2005.
ADDRESSES: Comments should be addressed to Sybia Harrison, Special
Assistant to the Section 301 Committee, and sent (i) electronically, to
FR0524@ustr.eop.gov, with ``Ukraine-IPR'' in the subject line, or (ii)
by fax, to (202) 395-9458, with a confirmation copy sent electronically
to the email address above.
FOR FURTHER INFORMATION CONTACT: For questions concerning procedures
for filing comments in response to this notice: Sybia Harrison, Staff
Assistant to the Section 301 Committee, USTR, (202) 395-3419; for
questions concerning the Special 301 out-of-cycle review: Jennifer Choe
Groves, Director for Intellectual Property and Chair of the Special 301
Committee, USTR, (202) 395-4510, Laurie Molnar, Director for European
and Mediterranean Trade Affairs, USTR, (202) 395-4620, or Stephen Kho,
Associate General Counsel, USTR, (202) 395-3150; for questions
concerning procedures under Section 301: William Busis, Associate
General Counsel and Chairman of the Section 301 Committee, USTR, (202)
395-3150; and for questions concerning entries: Teiko Campbell, Program
Officer, Office of Trade Compliance and Facilitation, U.S. Customs and
Border Protection, Department of Homeland Security, (202) 344-2698.
SUPPLEMENTARY INFORMATION:
History of the 301 Investigation
On March 12, 2001, the Trade Representative identified Ukraine as a
PFC under Special 301. The PFC identification was based on deficiencies
in Ukraine's acts, policies and practices regarding IPR protection,
including weak enforcement, as evidenced by alarming levels of piracy
of optical media products (such as CDs and DVDs), and the failure of
the Government of Ukraine to enact adequate and effective IPR
legislation to address optical media piracy. The Trade Representative
simultaneously initiated an investigation (Docket 301-121) under
Section 301(b) of the Trade Act in order to investigate these IPR
protection issues. See 66 FR 18,346 (April 6, 2001).
In August 2001, the Trade Representative determined that the acts,
policies, and practices of Ukraine with respect to IPR protection were
unreasonable and burdened or restricted United States commerce, and
were thus actionable under section 301(b) of the Trade Act. As an
initial action in response, the Trade Representative suspended GSP
treatment accorded to products of Ukraine, effective August 24, 2001.
See 66 FR 42,246 (Aug. 10, 2001).
In December 2001, the Trade Representative took the additional
action of imposing 100% ad valorem tariffs on certain Ukrainian exports
with an annual trade value of approximately $75 million, effective
January 23, 2002. The trade value of the action was based on the level
of the burden on U.S. commerce resulting from Ukraine's inadequate
protection of U.S. IPR. See 67 FR 120 (Jan. 2, 2002).
In July 2005, USTR notified in writing representatives of U.S.
copyright industries that, pursuant to Section 307(c) of the Trade Act,
the suspension of Ukraine's GSP benefits would terminate unless USTR
received a written request for a continuation from one or more
representatives of U.S. copyright industries prior to the four-year
anniversary of the GSP suspension (i.e., prior to August 24, 2005).
U.S. copyright industry representatives responded in writing prior to
August 24, 2005 by requesting that the GSP suspension remain in place
until USTR determines that Ukraine has adequately improved IPR
enforcement. Accordingly, the suspension of GSP benefits continued
under Section 307(c) of the Trade Act.
Since 2001, the Government of the United States has been working
with the Government of Ukraine to address the IPR protection issues
that are the subject of this investigation. In particular, the United
States has been encouraging Ukraine (i) to improve its IPR legislation,
and (ii) to enhance enforcement of existing IPR laws by, for example,
shutting down pirate optical disc factories.
[[Page 53411]]
Ukraine's July 2005 Legislation and Termination of 100% ad valorem
Duties
On July 6, 2005, the Ukrainian parliament approved a package of
important amendments to its Laser-readable Disc Law (the ``optical
media amendments'') that strengthen Ukraine's licensing regime and
enforcement capabilities to stem the illegal production and trade of
optical media products. President Yushchenko signed the amendments into
law on July 26, 2005, and they were formally promulgated on August 2,
2005.
Section 307(a) of the Trade Act authorizes the Trade Representative
to ``modify or terminate any [Section 301] action, subject to the
specific direction, if any, of the President * * * if * * * such action
is being taken under Section 301(b) and is no longer appropriate.'' In
passing the optical media amendments, the Government of Ukraine has
addressed one of the two issues (those being inadequate IPR legislation
and inadequate IPR enforcement) that were the basis of the PFC
designation and the Trade Representative's finding that Ukraine's
inadequate IPR protections were actionable under Section 301(b). The
Trade Representative has determined that an appropriate response to
Ukraine's adoption of the optical media amendments is to terminate the
100% ad valorem duties that have been in place since January 2002. As
set out in the Annex to this notice, the termination of 100% ad valorem
duties is effective with respect to articles entered, or withdrawn from
warehouse, for consumption on or after August 30, 2005. Prior to
terminating the 100% ad valorem duties, USTR consulted with U.S.
copyright industries and at this time is providing an opportunity for
public comment.
Out-of-Cycle Review and Next Steps
The other action previously taken under Section 301--the August
2001 suspension of Ukraine's GSP benefits--will continue pending the
results of the OCR of Ukraine's Special 301 status. The OCR focuses on
whether Ukraine has fully implemented the optical media amendments and
has otherwise improved its IPR enforcement.
At the conclusion of the OCR, the Trade Representative will
consider (1) whether to take action under section 182(c)(1)(A) of the
Trade Act, which authorizes the Trade Representative to revoke the
identification of any foreign country as a PFC at any time; and (2)
whether to terminate the suspension of GSP benefits. As specified
below, USTR seeks public comments in relation to the OCR and the
possible restoration of Ukraine's GSP benefits.
Request for Public Comments
USTR invites public comments on the following matters:
(i) 100% ad valorem duties--Comments on the termination of the 100%
ad valorem duties, which (as noted) is effective for entries on or
after August 30, 2005;
(ii) GSP benefits--Comments on the suspension of Ukraine's GSP
benefits, including the effectiveness of the GSP suspension in
achieving the objectives of the 301 investigation; the effects of the
GSP suspension on the U.S. economy, including consumers; and the
possible restoration of GSP benefits upon conclusion of the OCR; and
(iii) OCR--Comments addressing the Special 301 status of Ukraine in
the light of Ukraine's enforcement of its IPR laws, including a
description of any problems with and/or improvements in IPR enforcement
in Ukraine (including, but not limited to, implementation of the
optical media amendments) and the effect of such problems and/or
improvements on U.S. commerce.
Submitters should feel free to address any or all of the above
matters. Submitters should make their comments as detailed as possible
and should provide all necessary information for assessing the
assertions made in the comments.
Comments should be submitted by 5 p.m. on October 14, 2005. All
comments should be addressed to Sybia Harrison, Special Assistant to
the Section 301 Committee, and sent (i) electronically, to
FR0524@ustr.eop.gov, with ``Ukraine-IPR'' in the subject line, or (ii)
by fax, to (202) 395-9458, with a confirmation copy sent electronically
to the email address above. No submissions will be accepted via postal
service mail.
Documents should be submitted as either WordPerfect, MS Word, or
text (.TXT) files. Supporting documents submitted as spreadsheets are
acceptable as Quattro Pro or Excel files. Submissions should not
include separate cover letters; information that might appear in a
cover letter should be included in the submission itself. To the extent
possible, any attachments to the submission should be included in the
same file as the submission itself, and not as separate files. Comments
must be in English.
In accordance with 15 CFR 2006.15, a submitter may request that
information contained in a comment be treated as confidential business
information exempt from public inspection. In such case, the submitter
must also provide a non-confidential version of the comment. For any
document containing confidential business information, the file name of
the business confidential version should begin with the characters
``BC-'', and the file name of the public version should begin with the
character ``P-''. The ``P-'' or ``BC-'' should be followed by the name
of the submitter.
Public Inspection of Submissions
Within one business day of receipt, non-confidential submissions
will be placed in a public file open for inspection at the USTR reading
room, Office of the United States Trade Representative, Annex Building,
1724 F Street, NW., Room 1, Washington, DC. An appointment to review
the file must be scheduled at least 48 hours in advance and may be made
by calling Jacqueline Caldwell at (202) 395-6186. The USTR reading room
is open to the public from 10 a.m. to noon and from 1 p.m. to 4 p.m.,
Monday through Friday.
William Busis,
Chairman, Section 301 Committee.
Annex
I. Effective with respect to merchandise entered, or withdrawn from
warehouse, for consumption on or after August 30, 2005, the imposition
of 100 percent ad valorem tariffs as provided in subheadings 9903.27.01
(affecting articles in subheading 2710.19.05, 2710.19.10, 2710.99.05 or
2710.99.10); 9903.27.02 (affecting articles in subheading 2804.29.00);
9903.27.03 (affecting articles in subheading 2825.60.00); 9903.27.04
(affecting articles in subheading 2849.20.10 or 2849.20.20); 9903.27.05
(affecting articles in subheading 3105.51.00); 9903.27.06 (affecting
articles in subheading 3206.11.00 or 3206.19.00); 9903.27.07 (affecting
articles in subheading 4804.51.00); 9903.27.08 (affecting articles in
subheading 6403.99.60, 6403.99.75 or 6403.99.90); 9903.27.09 (affecting
articles in subheading 6404.19.35); 9903.27.10 (affecting articles in
subheading 7102.10.00); 9903.27.11 (affecting articles in subheading
7102.31.00 or 7102.39.00); 9903.27.12 (affecting articles in subheading
7115.10.00); 9903.27.13 (affecting articles in heading 7402.00.00);
9903.27.14 (affecting articles in subheading 7601.20.90); and
9903.27.15 (affecting articles in subheading 8418.69.00) of the
Harmonized Tariff Schedule of the United States is terminated.
II. Effective August 30, 2005, the instruction in the notice of
January 2, 2002, 67 FR 120, that ``any merchandise
[[Page 53412]]
subject to this determination that is admitted to U.S. foreign-trade
zones on or after January 23, 2002 must be admitted as ``privileged
foreign status'' as defined in 19 CFR 146.41'' is terminated.
[FR Doc. 05-17751 Filed 9-7-05; 8:45 am]
BILLING CODE 3190-W5-P
