Initiation of Section 301 Investigation; Hearing; and Request for Public Comments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 40213-40215 [2017-17931]

Download as PDF Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: The notice of an Administrative declaration for the State of CALIFORNIA, dated 07/31/ 2017, is hereby amended to establish the incident closing date as 08/01/2017. Incident: Detwiler Fire. Incident Period: 07/16/2017 through 08/01/2017. All other information in the original declaration remains unchanged. ADDRESSES: (Catalog of Federal Domestic Assistance Number 59008) Linda E. McMahon, Administrator. [FR Doc. 2017–17915 Filed 8–23–17; 8:45 am] BILLING CODE 8025–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR–2017–0016] Initiation of Section 301 Investigation; Hearing; and Request for Public Comments: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative. ACTION: Notice of initiation of investigation; hearing; and request for comments. AGENCY: The United States Trade Representative has initiated an investigation pursuant to the Trade Act of 1974, as amended (the Trade Act), to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are actionable under the Trade Act. The inter-agency Section 301 Committee is holding a public hearing and seeking comments in connection with this investigation. rmajette on DSKBCKNHB2PROD with NOTICES SUMMARY: The United States Trade Representative initiated the investigation on August 18, 2017. The schedule and due dates are as follows: To be assured of consideration, written comments and requests to appear at the hearing must be submitted by Thursday, September 28, 2017 at DATES: VerDate Sep<11>2014 15:29 Aug 23, 2017 Jkt 241001 11:59 p.m. The request to appear must include a summary of testimony. Tuesday, October 10, 2017: The Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, beginning at 9:30 a.m. If necessary, the hearing may continue on the next business day. To be assured of consideration, posthearing rebuttal comments must be submitted by Friday, October 20, 2017 at 11:59 p.m. ADDRESSES: You should submit written comments through the Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments in section II below. For alternatives to online submissions, please contact Gwendolyn Diggs at (202) 395–3150 before transmitting a comment and in advance of the relevant deadline. FOR FURTHER INFORMATION CONTACT: For procedural questions concerning written comments or participating in the public hearing, contact Gwendolyn Diggs at (202) 395–3150. Direct all other questions regarding this notice to William Busis, Deputy Assistant U.S. Trade Representative for Monitoring and Enforcement and Chair of the Section 301 Committee, or Katherine Linton and Arthur Tsao, Assistant General Counsels at (202) 395–3150. SUPPLEMENTARY INFORMATION A. The President’s Memorandum On August 14, 2017, the President issued a Memorandum (82 FR 39007) to the United States Trade Representative stating inter alia: China has implemented laws, policies, and practices and has taken actions related to intellectual property, innovation, and technology that may encourage or require the transfer of American technology and intellectual property to enterprises in China or that may otherwise negatively affect American economic interests. These laws, policies, practices, and actions may inhibit United States exports, deprive United States citizens of fair remuneration for their innovations, divert American jobs to workers in China, contribute to our trade deficit with China, and otherwise undermine American manufacturing, services, and innovation. The Memorandum included the following instruction: The United States Trade Representative shall determine, consistent with section 302(b) of the Trade Act of 1974 (19 U.S.C. 2412(b)), whether to investigate any of China’s laws, policies, practices, or actions that may be unreasonable or discriminatory and that may be harming American intellectual property rights, innovation, or technology development. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 40213 Pursuant to the President’s Memorandum, on August 18, 2017, the United States Trade Representative initiated an investigation under section 302(b) of the Trade Act (19 U.S.C. 2412(b)) to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce. B. The Chinese Government’s Acts, Policies and Practices The acts, policies and practices of the Government of China directed at the transfer of U.S. and other foreign technologies and intellectual property are an important element of China’s strategy to become a leader in a number of industries, including advancedtechnology industries, as reflected in China’s ‘‘Made in China 2025’’ industrial plan, and other similar industrial policy initiatives. The Chinese government’s acts, policies, and practices take many forms. The investigation initially will consider the following specific types of conduct: First, the Chinese government reportedly uses a variety of tools, including opaque and discretionary administrative approval processes, joint venture requirements, foreign equity limitations, procurements, and other mechanisms to regulate or intervene in U.S. companies’ operations in China, in order to require or pressure the transfer of technologies and intellectual property to Chinese companies. Moreover, many U.S. companies report facing vague and unwritten rules, as well as local rules that diverge from national ones, which are applied in a selective and nontransparent manner by Chinese government officials to pressure technology transfer. Second, the Chinese government’s acts, policies and practices reportedly deprive U.S. companies of the ability to set market-based terms in licensing and other technology-related negotiations with Chinese companies and undermine U.S. companies’ control over their technology in China. For example, the Regulations on Technology Import and Export Administration mandate particular terms for indemnities and ownership of technology improvements for imported technology, and other measures also impose non-market terms in licensing and technology contracts. Third, the Chinese government reportedly directs and/or unfairly facilitates the systematic investment in, and/or acquisition of, U.S. companies and assets by Chinese companies to obtain cutting-edge technologies and E:\FR\FM\24AUN1.SGM 24AUN1 40214 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices intellectual property and generate largescale technology transfer in industries deemed important by Chinese government industrial plans. Fourth, the investigation will consider whether the Chinese government is conducting or supporting unauthorized intrusions into U.S. commercial computer networks or cyber-enabled theft of intellectual property, trade secrets, or confidential business information, and whether this conduct harms U.S. companies or provides competitive advantages to Chinese companies or commercial sectors. In addition to these four types of conduct, interested parties may submit for consideration information on other acts, policies and practices of China relating to technology transfer, intellectual property, and innovation described in the President’s Memorandum that might be included in this investigation, and/or might be addressed through other applicable mechanisms. rmajette on DSKBCKNHB2PROD with NOTICES C. Relevant Provisions of the Trade Act Section 302(b)(1)(A) of the Trade Act authorizes the United States Trade Representative to initiate an investigation to determine whether conduct is actionable under section 301 of the Trade Act. Actionable conduct under section 301(b)(1) includes, inter alia, acts, policies and practices of a foreign country that are unreasonable or discriminatory and burden or restrict U.S. commerce. Unreasonable actions are those that while not necessarily in violation of, or inconsistent with, the international legal rights of the United States are otherwise unfair and inequitable. Pursuant to section 302(b)(1)(B), the United States Trade Representative has consulted with appropriate advisory committees. The United States Trade Representative also has consulted with members of the inter-agency Section 301 Committee. On the date of initiation, the United States Trade Representative requested consultations with the Government of China concerning the issues under investigation, pursuant to section 303(a)(1) of the Trade Act (19 U.S.C. 2413(a)(1)). Pursuant to section 304(a)(2)(B) of the Trade Act, 19 U.S.C. 2414(a)(2)(B), the United States Trade Representative must determine within 12 months from the date of initiation of the investigation whether any act, policy, or practice described in section 301 of the Trade Acts exists and, if that determination is affirmative, what action, if any, to take. VerDate Sep<11>2014 15:29 Aug 23, 2017 Jkt 241001 II. Request for Comments and To Testify at the Hearing A. Topics and Schedule The Office of the U.S. Trade Representative (USTR) invites written comments on: 1. The acts, policies, and practices of the Chinese government described in Section I.B above. 2. Information on other acts, policies and practices of China relating to technology transfer, intellectual property, and innovation as described in the President’s Memorandum, which might be included in this investigation, and/or might be addressed through other applicable mechanisms. 3. The nature and level of burden or restriction on U.S. commerce caused by the applicable acts, policies and practices of the Government of China, and/or any economic assessment of that burden or restriction. 4. The determinations required under section 304 of the Trade Act, that is, whether actionable conduct exists under section 301(b) and what action, if any, should be taken. To be assured of consideration, USTR must receive initial written comments by 11:59 p.m. on September 28, 2017, in accordance with the instructions in section II.B below. The Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission, 500 E Street SW., Washington DC 20436, beginning at 9:30 a.m. on October 10, 2017. Persons wishing to appear at the hearing must provide written notification of their intention and a summary of the proposed testimony by 11:59 p.m. on September 28, 2017, in accordance with the instructions in section II.B below. Remarks at the hearing may be no longer than five minutes to allow for possible questions from the Section 301 Committee. The deadline for submission of post-hearing rebuttal comments is 11:59 p.m. on October 20, 2017. Indicate in the ‘‘Type Comment’’ field if you are submitting a request to appear at the hearing, and include the name, address and telephone number of the person presenting the testimony. A summary of the testimony should be attached by using the ‘‘Upload File’’ field. The file name should include the name of the person who will be presenting the testimony. B. Requirements for Submissions Persons submitting a notification of intent to testify, a summary of testimony, or written comments must do so in English, and must identify this matter (on the reference line of the first PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 page of the submission) as ‘‘Section 301 Investigation: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.’’ To be assured of consideration, you must submit written comments, requests to testify, and summaries of testimony by 11:59 p.m. on September 28, 2017. The deadline for submitting rebuttal comments is 11:59 p.m. on October 20, 2017. All submissions must be in English and sent electronically via www.regulations.gov using docket number USTR–2017–0016. You must make any alternative arrangements in advance of the relevant deadline and before transmitting a comment by contacting Gwendolyn Diggs at (202) 395–3150. To make a submission via www.regulations.gov, enter Docket Number USTR–2017–0016 on the home page and click ‘‘Search.’’ The site will provide a search-results page listing all documents associated with this docket. Find the reference to this notice and click on the button labeled ‘‘Comment Now.’’ For further information on using the www.regulations.gov Web site, please consult the resources provided on the Web site by clicking on ‘‘How to Use Regulations.gov’’ on the bottom of the home page. The www.regulations.gov Web site allows users to provide comments by filling in a ‘‘Type Comment’’ field, or by attaching a document using an ‘‘Upload File’’ field. USTR prefers that you provide submissions as an attached document. If a document is attached, it is sufficient to type ‘‘see attached’’ in the ‘‘Type Comment’’ field. USTR prefers submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf) format. If the submission is in another file format, please indicate the name of the software application in the ‘‘Type Comment’’ field. File names should reflect the name of the person or entity submitting the comments. Indicate in the ‘‘Type Comment’’ field if you are submitting a request to appear at the hearing, and include the name, address and telephone number of the person presenting the testimony. The file name should include who will be presenting the testimony. 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. E:\FR\FM\24AUN1.SGM 24AUN1 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices For any comments submitted electronically containing business confidential information, the file name of the business confidential version should begin with the characters ‘‘BC’’. Any page containing business confidential information 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. If you request business confidential treatment, you must certify that the information is business confidential and would not customarily be released to the public. Filers of submissions containing business confidential information also must submit a public version of their comments. The file name of the public version should begin with the character ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be followed by the name of the person or entity submitting the comments or rebuttal comments. If these procedures are not sufficient to protect business confidential information or otherwise protect business interests, please contact Katherine Linton at 202–395–3150 to discuss whether alternative arrangements are possible. We will post comments in the docket for public inspection, except business confidential information. You can view comments on the https:// www.regulations.gov Web site by entering docket number USTR–2017– 0016 in the search field on the home page. William L. Busis, Chair, Section 301 Committee, Office of the United States Trade Representative. [FR Doc. 2017–17931 Filed 8–23–17; 8:45 am] BILLING CODE 3290–F7–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0042] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. rmajette on DSKBCKNHB2PROD with NOTICES AGENCY: FMCSA announces receipt of applications from 43 individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) operating a commercial motor SUMMARY: VerDate Sep<11>2014 15:29 Aug 23, 2017 Jkt 241001 vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: Comments must be received on or before September 25, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2017–0042 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day e.t., 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 40215 Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 224, Washington, DC 20590–0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a two-year period if it finds ‘‘such 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 statute also allows the Agency to renew exemptions at the end of the two-year period. The 43 individuals listed in this notice have requested an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person: Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. The Agency established the current requirement for diabetes in 1970 because several risk studies indicated that drivers with diabetes had a higher rate of crash involvement than the general population. FMCSA established its diabetes exemption program, based on the Agency’s July 2000 study entitled ‘‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.’’ The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Notices]
[Pages 40213-40215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17931]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2017-0016]


Initiation of Section 301 Investigation; Hearing; and Request for 
Public Comments: China's Acts, Policies, and Practices Related to 
Technology Transfer, Intellectual Property, and Innovation

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of initiation of investigation; hearing; and request for 
comments.

-----------------------------------------------------------------------

SUMMARY: The United States Trade Representative has initiated an 
investigation pursuant to the Trade Act of 1974, as amended (the Trade 
Act), to determine whether acts, policies, and practices of the 
Government of China related to technology transfer, intellectual 
property, and innovation are actionable under the Trade Act. The inter-
agency Section 301 Committee is holding a public hearing and seeking 
comments in connection with this investigation.

DATES: The United States Trade Representative initiated the 
investigation on August 18, 2017. The schedule and due dates are as 
follows:
    To be assured of consideration, written comments and requests to 
appear at the hearing must be submitted by Thursday, September 28, 2017 
at 11:59 p.m. The request to appear must include a summary of 
testimony.
    Tuesday, October 10, 2017: The Section 301 Committee will convene a 
public hearing in the main hearing room of the U.S. International Trade 
Commission, 500 E Street SW., Washington, DC 20436, beginning at 9:30 
a.m. If necessary, the hearing may continue on the next business day.
    To be assured of consideration, post-hearing rebuttal comments must 
be submitted by Friday, October 20, 2017 at 11:59 p.m.

ADDRESSES: You should submit written comments through the Federal 
eRulemaking Portal: http://www.regulations.gov. Follow the instructions 
for submitting comments in section II below. For alternatives to on-
line submissions, please contact Gwendolyn Diggs at (202) 395-3150 
before transmitting a comment and in advance of the relevant deadline.

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
written comments or participating in the public hearing, contact 
Gwendolyn Diggs at (202) 395-3150. Direct all other questions regarding 
this notice to William Busis, Deputy Assistant U.S. Trade 
Representative for Monitoring and Enforcement and Chair of the Section 
301 Committee, or Katherine Linton and Arthur Tsao, Assistant General 
Counsels at (202) 395-3150.

SUPPLEMENTARY INFORMATION

A. The President's Memorandum

    On August 14, 2017, the President issued a Memorandum (82 FR 39007) 
to the United States Trade Representative stating inter alia:

    China has implemented laws, policies, and practices and has 
taken actions related to intellectual property, innovation, and 
technology that may encourage or require the transfer of American 
technology and intellectual property to enterprises in China or that 
may otherwise negatively affect American economic interests. These 
laws, policies, practices, and actions may inhibit United States 
exports, deprive United States citizens of fair remuneration for 
their innovations, divert American jobs to workers in China, 
contribute to our trade deficit with China, and otherwise undermine 
American manufacturing, services, and innovation.

    The Memorandum included the following instruction:

    The United States Trade Representative shall determine, 
consistent with section 302(b) of the Trade Act of 1974 (19 U.S.C. 
2412(b)), whether to investigate any of China's laws, policies, 
practices, or actions that may be unreasonable or discriminatory and 
that may be harming American intellectual property rights, 
innovation, or technology development.

    Pursuant to the President's Memorandum, on August 18, 2017, the 
United States Trade Representative initiated an investigation under 
section 302(b) of the Trade Act (19 U.S.C. 2412(b)) to determine 
whether acts, policies, and practices of the Government of China 
related to technology transfer, intellectual property, and innovation 
are unreasonable or discriminatory and burden or restrict U.S. 
commerce.

B. The Chinese Government's Acts, Policies and Practices

    The acts, policies and practices of the Government of China 
directed at the transfer of U.S. and other foreign technologies and 
intellectual property are an important element of China's strategy to 
become a leader in a number of industries, including advanced-
technology industries, as reflected in China's ``Made in China 2025'' 
industrial plan, and other similar industrial policy initiatives. The 
Chinese government's acts, policies, and practices take many forms. The 
investigation initially will consider the following specific types of 
conduct:
    First, the Chinese government reportedly uses a variety of tools, 
including opaque and discretionary administrative approval processes, 
joint venture requirements, foreign equity limitations, procurements, 
and other mechanisms to regulate or intervene in U.S. companies' 
operations in China, in order to require or pressure the transfer of 
technologies and intellectual property to Chinese companies. Moreover, 
many U.S. companies report facing vague and unwritten rules, as well as 
local rules that diverge from national ones, which are applied in a 
selective and non-transparent manner by Chinese government officials to 
pressure technology transfer.
    Second, the Chinese government's acts, policies and practices 
reportedly deprive U.S. companies of the ability to set market-based 
terms in licensing and other technology-related negotiations with 
Chinese companies and undermine U.S. companies' control over their 
technology in China. For example, the Regulations on Technology Import 
and Export Administration mandate particular terms for indemnities and 
ownership of technology improvements for imported technology, and other 
measures also impose non-market terms in licensing and technology 
contracts.
    Third, the Chinese government reportedly directs and/or unfairly 
facilitates the systematic investment in, and/or acquisition of, U.S. 
companies and assets by Chinese companies to obtain cutting-edge 
technologies and

[[Page 40214]]

intellectual property and generate large-scale technology transfer in 
industries deemed important by Chinese government industrial plans.
    Fourth, the investigation will consider whether the Chinese 
government is conducting or supporting unauthorized intrusions into 
U.S. commercial computer networks or cyber-enabled theft of 
intellectual property, trade secrets, or confidential business 
information, and whether this conduct harms U.S. companies or provides 
competitive advantages to Chinese companies or commercial sectors.
    In addition to these four types of conduct, interested parties may 
submit for consideration information on other acts, policies and 
practices of China relating to technology transfer, intellectual 
property, and innovation described in the President's Memorandum that 
might be included in this investigation, and/or might be addressed 
through other applicable mechanisms.

C. Relevant Provisions of the Trade Act

    Section 302(b)(1)(A) of the Trade Act authorizes the United States 
Trade Representative to initiate an investigation to determine whether 
conduct is actionable under section 301 of the Trade Act.
    Actionable conduct under section 301(b)(1) includes, inter alia, 
acts, policies and practices of a foreign country that are unreasonable 
or discriminatory and burden or restrict U.S. commerce. Unreasonable 
actions are those that while not necessarily in violation of, or 
inconsistent with, the international legal rights of the United States 
are otherwise unfair and inequitable.
    Pursuant to section 302(b)(1)(B), the United States Trade 
Representative has consulted with appropriate advisory committees. The 
United States Trade Representative also has consulted with members of 
the inter-agency Section 301 Committee. On the date of initiation, the 
United States Trade Representative requested consultations with the 
Government of China concerning the issues under investigation, pursuant 
to section 303(a)(1) of the Trade Act (19 U.S.C. 2413(a)(1)).
    Pursuant to section 304(a)(2)(B) of the Trade Act, 19 U.S.C. 
2414(a)(2)(B), the United States Trade Representative must determine 
within 12 months from the date of initiation of the investigation 
whether any act, policy, or practice described in section 301 of the 
Trade Acts exists and, if that determination is affirmative, what 
action, if any, to take.

II. Request for Comments and To Testify at the Hearing

A. Topics and Schedule

    The Office of the U.S. Trade Representative (USTR) invites written 
comments on:
    1. The acts, policies, and practices of the Chinese government 
described in Section I.B above.
    2. Information on other acts, policies and practices of China 
relating to technology transfer, intellectual property, and innovation 
as described in the President's Memorandum, which might be included in 
this investigation, and/or might be addressed through other applicable 
mechanisms.
    3. The nature and level of burden or restriction on U.S. commerce 
caused by the applicable acts, policies and practices of the Government 
of China, and/or any economic assessment of that burden or restriction.
    4. The determinations required under section 304 of the Trade Act, 
that is, whether actionable conduct exists under section 301(b) and 
what action, if any, should be taken.
    To be assured of consideration, USTR must receive initial written 
comments by 11:59 p.m. on September 28, 2017, in accordance with the 
instructions in section II.B below.
    The Section 301 Committee will convene a public hearing in the main 
hearing room of the U.S. International Trade Commission, 500 E Street 
SW., Washington DC 20436, beginning at 9:30 a.m. on October 10, 2017. 
Persons wishing to appear at the hearing must provide written 
notification of their intention and a summary of the proposed testimony 
by 11:59 p.m. on September 28, 2017, in accordance with the 
instructions in section II.B below. Remarks at the hearing may be no 
longer than five minutes to allow for possible questions from the 
Section 301 Committee. The deadline for submission of post-hearing 
rebuttal comments is 11:59 p.m. on October 20, 2017.
    Indicate in the ``Type Comment'' field if you are submitting a 
request to appear at the hearing, and include the name, address and 
telephone number of the person presenting the testimony. A summary of 
the testimony should be attached by using the ``Upload File'' field. 
The file name should include the name of the person who will be 
presenting the testimony.

B. Requirements for Submissions

    Persons submitting a notification of intent to testify, a summary 
of testimony, or written comments must do so in English, and must 
identify this matter (on the reference line of the first page of the 
submission) as ``Section 301 Investigation: China's Acts, Policies, and 
Practices Related to Technology Transfer, Intellectual Property, and 
Innovation.''
    To be assured of consideration, you must submit written comments, 
requests to testify, and summaries of testimony by 11:59 p.m. on 
September 28, 2017. The deadline for submitting rebuttal comments is 
11:59 p.m. on October 20, 2017.
    All submissions must be in English and sent electronically via 
www.regulations.gov using docket number USTR-2017-0016. You must make 
any alternative arrangements in advance of the relevant deadline and 
before transmitting a comment by contacting Gwendolyn Diggs at (202) 
395-3150.
    To make a submission via www.regulations.gov, enter Docket Number 
USTR-2017-0016 on the home page and click ``Search.'' The site will 
provide a search-results page listing all documents associated with 
this docket. Find the reference to this notice and click on the button 
labeled ``Comment Now.'' For further information on using the 
www.regulations.gov Web site, please consult the resources provided on 
the Web site by clicking on ``How to Use Regulations.gov'' on the 
bottom of the home page.
    The www.regulations.gov Web site allows users to provide comments 
by filling in a ``Type Comment'' field, or by attaching a document 
using an ``Upload File'' field. USTR prefers that you provide 
submissions as an attached document. If a document is attached, it is 
sufficient to type ``see attached'' in the ``Type Comment'' field. USTR 
prefers submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf) 
format. If the submission is in another file format, please indicate 
the name of the software application in the ``Type Comment'' field. 
File names should reflect the name of the person or entity submitting 
the comments.
    Indicate in the ``Type Comment'' field if you are submitting a 
request to appear at the hearing, and include the name, address and 
telephone number of the person presenting the testimony. The file name 
should include who will be presenting the testimony.
    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.

[[Page 40215]]

    For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. Any page containing 
business confidential information 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. If you request 
business confidential treatment, you must certify that the information 
is business confidential and would not customarily be released to the 
public. Filers of submissions containing business confidential 
information also must submit a public version of their comments. The 
file name of the public version should begin with the character ``P''. 
The ``BC'' and ``P'' should be followed by the name of the person or 
entity submitting the comments or rebuttal comments. If these 
procedures are not sufficient to protect business confidential 
information or otherwise protect business interests, please contact 
Katherine Linton at 202-395-3150 to discuss whether alternative 
arrangements are possible.
    We will post comments in the docket for public inspection, except 
business confidential information. You can view comments on the https://www.regulations.gov Web site by entering docket number USTR-2017-0016 
in the search field on the home page.

William L. Busis,
Chair, Section 301 Committee, Office of the United States Trade 
Representative.
[FR Doc. 2017-17931 Filed 8-23-17; 8:45 am]
 BILLING CODE 3290-F7-P