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]
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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices
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[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: https://
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
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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
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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
https://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 https://
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 https://
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://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
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Fmt 4703
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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]
=======================================================================
-----------------------------------------------------------------------
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: https://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
