Results of Out-Of-Cycle Review Under Section 182 and Termination of Action Under Section 301(b): Intellectual Property Laws and Practices of the Government of Ukraine, 5899-5900 [E6-1466]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices
address, contact numbers, including
email addresses if available, and
affiliation(s) if any to Jake Sullivan at
617–951–8613 or at
jake.sullivan@bingham.com, not later
than February 20. Persons who cannot
attend but who wish to comment on any
of the topics referred to are welcome to
do so in writing.
DOCUMENTS on this project are
obtainable at https://www.Uncitral.org/
Working Groups/Working Group VI on
secured finance. Additional documents
may be available following the UN
Working Group’s meeting in early
February, which may be obtained from
Mr. Sullivan. For further information on
UNCITRAL or the project generally
please contact Hal Burman at the State
Department at BurmanHS@State.gov. or
202–776–8421, fax 776–8482.
Dated: January 26, 2006.
Harold S. Burman,
Advisory Committee Executive Director,
Department of State.
[FR Doc. E6–1483 Filed 2–2–06; 8:45 am]
BILLING CODE 4710–08–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
History of the 301 Investigation
[Docket No. 301–121]
Results of Out-Of-Cycle Review Under
Section 182 and Termination of Action
Under Section 301(b): Intellectual
Property Laws and Practices of the
Government of Ukraine
Office of the United States
Trade Representative.
ACTION: Revocation of identification of
Ukraine as a Priority Foreign Country
under section 182 and termination of
action under section 301(b).
hsrobinson on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: The 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’’), has concluded
with a finding that the Government of
Ukraine substantially has improved its
intellectual property right (‘‘IPR’’)
enforcement efforts. As a result, the
United States Trade Representative
(‘‘Trade Representative’’) is revoking the
identification of Ukraine as a Priority
Foreign Country (‘‘PFC’’) under section
182 and instead is placing Ukraine on
the Priority Watch List, and is restoring
the tariff-free treatment under the
Generalized System of Preferences
(‘‘GSP’’) accorded to products of
Ukraine. Pursuant to section 306 of the
Trade Act, the Office of the United
States Trade Representative (‘‘USTR’’)
will continue to monitor closely the
VerDate Aug<31>2005
15:00 Feb 02, 2006
Government of Ukraine’s IPR
enforcement efforts.
DATES: The restoration of tariff-free GSP
treatment accorded to products of
Ukraine is effective with respect to
articles entered, or withdrawn from
warehouse, for consumption on or after
January 23, 2006.
FOR FURTHER INFORMATION CONTACT: For
questions concerning the results of 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:
Jkt 208001
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 high
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
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
5899
$75 million, effective January 23, 2002.
See 67 FR 120 (Jan. 2, 2002).
In August 2005, the Government of
Ukraine adopted important amendments
to its Laser-readable Disc Law that
strengthen Ukraine’s licensing regime
and enforcement capabilities to stem the
illegal production and trade of optical
media products. In response, the Trade
Representative terminated the 100% ad
valorem duties. The Trade
Representative also announced that at
the conclusion of an OCR focused on
whether Ukraine had implemented fully
the legislative improvements and had
otherwise strengthened IPR
enforcement, he would determine
whether to revoke the identification of
Ukraine as a PFC and whether to restore
Ukraine’s GSP benefits. USTR requested
written comments from the public
concerning these matters. See 70 FR
53,410 (Sep. 8, 2005).
Results of OCR
In the OCR, the interagency Special
301 Committee has concluded that
enforcement against optical media
piracy in Ukraine has improved since
the initiation of the investigation in
2001, and that the Government of
Ukraine has made substantial progress
on IPR enforcement actions suggested in
an August 2005 OCR Action Plan. The
Government of Ukraine has presented
statistical and other data to show that it
has conducted raids against entities
involved in commercial distribution of
IPR-infringing products and has
conducted numerous and continuing
inspections of Ukraine’s licensed optical
disc plants. The Government of Ukraine
has established a specialized IPR unit
within the Economic Crime Division
under the Ministry of the Interior and a
specialized unit in Customs to deal with
IP crimes. The Government of Ukraine
has agreed to establish an Enforcement
Coordination Group that will provide
Ukrainian IPR enforcement officials,
U.S. Government officials, and
copyright industry representatives with
a forum to meet and share information
on Ukraine’s enforcement efforts. In
sum, in contrast to 2001 when the Trade
Representative designated Ukraine as a
PFC, Ukraine is no longer a major
producer of pirated optical media sold
elsewhere in Europe. IPR enforcement
concerns do remain, however, including
with respect to the transshipment
through Ukraine of pirated optical
media produced in neighboring
countries.
Under section 182(c)(1)(A) of the
Trade Act, the Trade Representative is
authorized to revoke the identification
of any foreign country as a PFC at any
time. In light of the positive results of
E:\FR\FM\03FEN1.SGM
03FEN1
5900
Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices
hsrobinson on PROD1PC70 with NOTICES
the OCR, the Trade Representative has
determined to revoke the identification
of Ukraine as a PFC under section 182
and instead has placed Ukraine on the
Priority Watch List.
Termination of Action
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 amendments to its Laserreadable Disc Law, in improving its
record of IPR enforcement, and by
agreeing to the creation of an
Enforcement Coordination Group, the
Government of Ukraine has responded
adequately to the two issues (inadequate
IPR legislation and inadequate IPR
enforcement) that were the basis of the
PFC designation and the Trade
Representative’s finding that Ukraine’s
acts, policies and practices were
actionable under section 301(b). In
recognition of these changes in
Ukraine’s acts, policies, and practices
regarding IPR enforcement, and taking
into account public comments and the
results of consultations with U.S.
copyright industries, the Trade
Representative has decided to terminate
the suspension of GSP treatment
accorded to products of Ukraine. The
termination of the GSP suspension
concludes this Section 301
investigation, except for the ongoing
monitoring required by section 306 of
the Trade Act.
The termination of the suspension of
the GSP treatment accorded to products
of Ukraine restores the GSP treatment
applicable in August 2001, when
Ukraine’s GSP benefits were suspended.
Accordingly, effective January 23, 2006,
the Harmonized Tariff Schedule of the
United States (HTS) is modified as
follows: (1) General note 4(a) is
modified by adding ‘‘Ukraine’’ to the list
entitled ‘‘Independent Countries’’; (2)
general note 4(d) is modified by adding
in numerical sequence ‘‘2306.30.00
Ukraine’’ and ‘‘2804.29.00 Ukraine’’;
and (3) the Rates of Duty 1–Special
subcolumn for HTS subheadings
2306.30.00 and 2804.29.00 is modified
by deleting the ‘‘A’’ and inserting an
‘‘A* ’’. The foregoing modifications to
the HTS apply to articles entered, or
withdrawn from warehouse, for
consumption on or after January 23,
2006.
Section 306 Monitoring
Pursuant to section 306 of the Trade
Act, USTR is required to continue to
monitor the implementation of each
VerDate Aug<31>2005
15:00 Feb 02, 2006
Jkt 208001
measure undertaken, and agreement
entered into, to provide a satisfactory
resolution of a matter subject to a
section 301 investigation. Accordingly,
USTR will continue to monitor
Ukraine’s IPR enforcement efforts,
including through the activities of the
Enforcement Coordination Group. If on
the basis of such monitoring the Trade
Representative were to conclude that
the Government of Ukraine is not
satisfactorily implementing a measure
or agreement that resulted in the
resolution of this investigation, the
Trade Representative would be
authorized under section 306(b) to take
further action.
William Busis,
Chairman, Section 301 Committee.
[FR Doc. E6–1466 Filed 2–2–06; 8:45 am]
BILLING CODE 3190–W6–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Noise Exposure Map Notice;
Alexandria International Airport,
Alexandria, LA
Federal Aviation
Administration, DOT.
ACTION: Notice.
AGENCY:
SUMMARY: The Federal Aviation
Administration (FAA) announces its
determination that the noise exposure
maps submitted by the England
Economic and Industrial Development
District for Alexandria International
Airport under the provisions of 49
U.S.C. 47501 et. seq. (Aviation Safety
and Noise Abatement Act) and 14 CFR
part 150 are in compliance with
applicable requirements.
DATES: Effective Date: The effective date
of the FAA’s determination on the noise
exposure maps is January 26, 2006.
FOR FURTHER INFORMATION CONTACT: Tim
Tandy, Federal Aviation
Administration, ASW–630, Fort Worth,
TX 76193–0630; telephone number 817–
222–5635.
SUPPLEMENTARY INFORMATION: This
notice announces that the FAA finds
that the noise exposure maps submitted
for Alexandria International Airport are
in compliance with applicable
requirements of part 150, effective
January 26, 2006. Under 49 U.S.C.
47503 of the Aviation Safety and Noise
Abatement Act (hereinafter referred to
as ‘‘the Act’’), an airport operator may
submit to the FAA noise exposure maps
which meet applicable regulations and
which depict non-compatible land uses
as of the date of submission of such
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
maps, a description of projected aircraft
operations, and the ways in which such
operations will affect such maps. The
Act requires such maps to be developed
in consultation with interested and
affected parties in the local community,
government agencies, and persons using
the airport. An airport operator who has
submitted noise exposure maps that are
found by FAA to be in compliance with
the requirements of Federal Aviation
Regulations (FAR) part 150,
promulgated pursuant to the Act, may
submit a noise compatibility program
for FAA approval which sets forth the
measures the operator has taken or
proposes to take to reduce existing noncompatible uses and prevent the
introduction of additional noncompatible uses.
The FAA has completed its review of
the noise exposure maps and
accompanying documentation
submitted by the England Economic and
Industrial Development District. The
documentation that constitutes the
‘‘noise exposure maps’’ as defined in
section 150.7 of part 150 includes:
Figure 2.1, Existing Land Use Map;
Figure 3.2, Existing Airport Layout;
Figure 3.3, 2004 Existing Condition
North Flow Flight Tracks; Figure 3.4,
2004 Existing Condition South Flow
Flight Tracks; Figure 3.5, 2004 Existing
Condition Noise Exposure Map; Figure
4.1, Aviation Activity Forecast; Figure
4.2, Future Airport Layout; Figure 4.3,
2010 Future Condition North Flow
Flight Tracks; Figure 4.4, 2010 Future
Condition South Flow Flight Tracks;
Figure 4.5, 2010 Future Condition Noise
Exposure Map; Table 3.1, 2004 Runway
and Helipad Utilization Rates; Table 3.2,
Flight Track Utilization Rates; Table 3.3,
2004 Existing Condition Noise Exposure
Estimates; Table 4.1, 2010 Runway and
Helipad Utilization Rates; Table 4.2,
2010 Flight Track Utilization Rates;
Table 4.3, 2010 Future Condition Noise
Exposure Estimates; Appendix A,
Aviation Activity Forecast; Appendix B,
Integrated Noise Model Inputs; and
Appendix C, Noise Monitoring Results.
The FAA has determined that these
noise exposure maps and accompanying
documentation are in compliance with
applicable requirements. This
determination is effective on January 26,
2006.
FAA’s determination on an airport
operator’s noise exposure maps is
limited to a finding that the maps were
developed in accordance with the
procedures contained in appendix A of
FAR part 150. Such determination does
not constitute approval of the
applicant’s data, information or plans,
or a commitment to approve a noise
compatibility program or to fund the
E:\FR\FM\03FEN1.SGM
03FEN1
]]>Agencies
[Federal Register Volume 71, Number 23 (Friday, February 3, 2006)]
[Notices]
[Pages 5899-5900]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1466]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-121]
Results of Out-Of-Cycle Review Under Section 182 and Termination
of Action Under Section 301(b): Intellectual Property Laws and
Practices of the Government of Ukraine
AGENCY: Office of the United States Trade Representative.
ACTION: Revocation of identification of Ukraine as a Priority Foreign
Country under section 182 and termination of action under section
301(b).
-----------------------------------------------------------------------
SUMMARY: The 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''), has concluded with a finding that the
Government of Ukraine substantially has improved its intellectual
property right (``IPR'') enforcement efforts. As a result, the United
States Trade Representative (``Trade Representative'') is revoking the
identification of Ukraine as a Priority Foreign Country (``PFC'') under
section 182 and instead is placing Ukraine on the Priority Watch List,
and is restoring the tariff-free treatment under the Generalized System
of Preferences (``GSP'') accorded to products of Ukraine. Pursuant to
section 306 of the Trade Act, the Office of the United States Trade
Representative (``USTR'') will continue to monitor closely the
Government of Ukraine's IPR enforcement efforts.
DATES: The restoration of tariff-free GSP treatment accorded to
products of Ukraine is effective with respect to articles entered, or
withdrawn from warehouse, for consumption on or after January 23, 2006.
FOR FURTHER INFORMATION CONTACT: For questions concerning the results
of 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 high 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. See 67 FR 120
(Jan. 2, 2002).
In August 2005, the Government of Ukraine adopted important
amendments to its Laser-readable Disc Law that strengthen Ukraine's
licensing regime and enforcement capabilities to stem the illegal
production and trade of optical media products. In response, the Trade
Representative terminated the 100% ad valorem duties. The Trade
Representative also announced that at the conclusion of an OCR focused
on whether Ukraine had implemented fully the legislative improvements
and had otherwise strengthened IPR enforcement, he would determine
whether to revoke the identification of Ukraine as a PFC and whether to
restore Ukraine's GSP benefits. USTR requested written comments from
the public concerning these matters. See 70 FR 53,410 (Sep. 8, 2005).
Results of OCR
In the OCR, the interagency Special 301 Committee has concluded
that enforcement against optical media piracy in Ukraine has improved
since the initiation of the investigation in 2001, and that the
Government of Ukraine has made substantial progress on IPR enforcement
actions suggested in an August 2005 OCR Action Plan. The Government of
Ukraine has presented statistical and other data to show that it has
conducted raids against entities involved in commercial distribution of
IPR-infringing products and has conducted numerous and continuing
inspections of Ukraine's licensed optical disc plants. The Government
of Ukraine has established a specialized IPR unit within the Economic
Crime Division under the Ministry of the Interior and a specialized
unit in Customs to deal with IP crimes. The Government of Ukraine has
agreed to establish an Enforcement Coordination Group that will provide
Ukrainian IPR enforcement officials, U.S. Government officials, and
copyright industry representatives with a forum to meet and share
information on Ukraine's enforcement efforts. In sum, in contrast to
2001 when the Trade Representative designated Ukraine as a PFC, Ukraine
is no longer a major producer of pirated optical media sold elsewhere
in Europe. IPR enforcement concerns do remain, however, including with
respect to the transshipment through Ukraine of pirated optical media
produced in neighboring countries.
Under section 182(c)(1)(A) of the Trade Act, the Trade
Representative is authorized to revoke the identification of any
foreign country as a PFC at any time. In light of the positive results
of
[[Page 5900]]
the OCR, the Trade Representative has determined to revoke the
identification of Ukraine as a PFC under section 182 and instead has
placed Ukraine on the Priority Watch List.
Termination of Action
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 amendments to its Laser-readable Disc Law, in improving its
record of IPR enforcement, and by agreeing to the creation of an
Enforcement Coordination Group, the Government of Ukraine has responded
adequately to the two issues (inadequate IPR legislation and inadequate
IPR enforcement) that were the basis of the PFC designation and the
Trade Representative's finding that Ukraine's acts, policies and
practices were actionable under section 301(b). In recognition of these
changes in Ukraine's acts, policies, and practices regarding IPR
enforcement, and taking into account public comments and the results of
consultations with U.S. copyright industries, the Trade Representative
has decided to terminate the suspension of GSP treatment accorded to
products of Ukraine. The termination of the GSP suspension concludes
this Section 301 investigation, except for the ongoing monitoring
required by section 306 of the Trade Act.
The termination of the suspension of the GSP treatment accorded to
products of Ukraine restores the GSP treatment applicable in August
2001, when Ukraine's GSP benefits were suspended. Accordingly,
effective January 23, 2006, the Harmonized Tariff Schedule of the
United States (HTS) is modified as follows: (1) General note 4(a) is
modified by adding ``Ukraine'' to the list entitled ``Independent
Countries''; (2) general note 4(d) is modified by adding in numerical
sequence ``2306.30.00 Ukraine'' and ``2804.29.00 Ukraine''; and (3) the
Rates of Duty 1-Special subcolumn for HTS subheadings 2306.30.00 and
2804.29.00 is modified by deleting the ``A'' and inserting an ``A* ''.
The foregoing modifications to the HTS apply to articles entered, or
withdrawn from warehouse, for consumption on or after January 23, 2006.
Section 306 Monitoring
Pursuant to section 306 of the Trade Act, USTR is required to
continue to monitor the implementation of each measure undertaken, and
agreement entered into, to provide a satisfactory resolution of a
matter subject to a section 301 investigation. Accordingly, USTR will
continue to monitor Ukraine's IPR enforcement efforts, including
through the activities of the Enforcement Coordination Group. If on the
basis of such monitoring the Trade Representative were to conclude that
the Government of Ukraine is not satisfactorily implementing a measure
or agreement that resulted in the resolution of this investigation, the
Trade Representative would be authorized under section 306(b) to take
further action.
William Busis,
Chairman, Section 301 Committee.
[FR Doc. E6-1466 Filed 2-2-06; 8:45 am]
BILLING CODE 3190-W6-P
