Comment Request; Report on the State of Counterfeit and Pirated Goods Trafficking and Recommendations, 32861-32863 [2019-14715]
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Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices
Social Science Research at the Forest
Service, kenli.kim@usda.gov.
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SUPPLEMENTARY INFORMATION:
Title: Generic Clearance for Survey
Improvement Projects.
OMB Number: 0596–NEW.
Expiration Date of Approval: NEW.
Type of Request: NEW.
Abstract: The USDA Forest Service
has broad responsibilities for caring for
the forests and grasslands of the nation.
In order to fulfill this mission, the
Agency needs an accurate
understanding of the range of views and
preferences held by stakeholders
regarding the management and
conservation of forests and other natural
resources. We do so through various
information collections of social and
economic data. The Forest Service
requests approval from the Office of
Management and Budget (OMB) for this
generic clearance to allow the Forest
Service to rigorously develop, test, and
evaluate its survey instruments and
other data collection instruments.
The Forest Service has instituted
state-of-the art techniques to improve
the quality and timeliness of surveys
and related data collection and analyses,
while simultaneously reducing
respondents’ workload and burden. The
purpose of this generic clearance is to
allow the Forest Service to evaluate,
adopt, and use these state-of-the-art
techniques to improve its current data
collections on forest and natural land
management. This clearance will also be
used to aid in the development of new
surveys and data collection methods.
Additionally, the Forest Service
anticipates the benefit of increased
response rates through improved survey
design, a goal tied directly to improving
response rates and reducing nonresponse bias.
Estimate of Annual Burden on
Respondents: 900 hours per year (2,700
hours for the 3 year period).
Type of Respondents: Individuals and
households, state & local government
representatives, tribal representatives,
private sector businesses, and non-profit
organizations.
Estimated Annual Number of
Respondents: 2,500 per year.
Estimated Annual Number of
Responses per Respondent: 1 response/
respondent.
Comment is Invited: Comment is
invited on: (1) Whether this collection
of information is necessary for the stated
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purposes and the proper performance of
the functions of the Agency, including
whether the information will have
practical or scientific utility; (2) the
accuracy of the Agency’s estimate of the
burden of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on respondents, including the use of
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology. The Forest Service will
consider the comments received and
amend the information collection
request as appropriate. The final
information collection request package
will then be submitted to OMB for
review and approval.
All comments received in response to
this notice, including names and
addresses when provided, will be a
matter of public record. Comments will
be summarized and included in the
submission request for final Office of
Management and Budget approval.
Dated: June 17, 2019.
Alexander L. Friend,
Deputy Chief, Research & Development.
[FR Doc. 2019–14685 Filed 7–9–19; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF COMMERCE
[Docket Number: 190703544–9544–01]
Comment Request; Report on the State
of Counterfeit and Pirated Goods
Trafficking and Recommendations
ACTION:
Notice; request for comments.
The Department of Commerce
is seeking comments from intellectual
property rights holders, online thirdparty marketplaces and other third-party
intermediaries, and other private-sector
stakeholders on the state of counterfeit
and pirated goods trafficking through
online third-party marketplaces and
recommendations for curbing the
trafficking in such counterfeit and
pirated goods. All responses to this
notice will be shared with interagency
teams, and specifically the Department
of Homeland Security (DHS), for use in
preparing a report for the President as
directed by the April 3, 2019
Presidential Memorandum on
‘‘Combating Trafficking in Counterfeit
and Pirated Goods’’ (Presidential
Memorandum).
SUMMARY:
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Comments must be received by
5:00 p.m. Eastern time on Monday, July
29, 2019.
ADDRESSES: You may submit comments
and responses to the questions below by
one of the following methods. All
comments must be submitted through
the Federal eRulemaking Portal at
https://www.regulations.gov, Docket No.
DOC–2019–0003, unless the commenter
does not have access to the internet.
Commenters who do not have access to
the internet may submit the original and
one copy of each set of comments by
mail or hand delivery/courier as noted
in option (b) below.
(a) Electronic Submission: Submit all
electronic comments via the Federal eRulemaking Portal at https://
www.regulations.gov (at the home page,
enter [DOCKET NUMBER] in the
‘‘Search’’ box, click the ‘‘Comment
Now!’’ icon, complete the required
fields, and enter or attach your
comments). The materials in the docket
will not be edited to remove identifying
or contact information, and the
Department cautions against including
any information in an electronic
submission that the submitter does not
want publicly disclosed. Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
formats only. Comments containing
references to studies, research, and
other empirical data that are not widely
published should include copies of the
referenced materials. If you want to
submit a comment with business
confidential information that you do not
wish to be made public, submit the
comment in the manner detailed below.
Submissions of ‘‘Business Confidential
Information’’: 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
DATES:
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Federal Register / Vol. 84, No. 132 / Wednesday, July 10, 2019 / Notices
rebuttal comments. Failure to follow
these procedures may result in the
public posting of the submissions in
their entirety. If these procedures are
not sufficient to protect business
confidential information or otherwise
protect business interests, please contact
Raquel Cohen at Raquel.Cohen@
trade.gov to assess whether alternative
arrangements are possible.
(b) Written/Paper Submissions:
Commenters who do not have access to
the internet may send written/paper
submissions to: The Office of
Intellectual Property Rights (OIPR),
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Ave. NW, Room 21028,
Washington, DC 20230. Submissions of
‘‘Business Confidential Information’’:
Please review the ‘‘Business
Confidential Information’’ instructions
noted in (a), above.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, contact
Raquel Cohen at the U.S. Department of
Commerce, International Trade
Administration, Office of Intellectual
Property Rights, by email to
Raquel.Cohen@trade.gov, telephone
number (202) 482–4146.
SUPPLEMENTARY INFORMATION: Section 2
of the Presidential Memorandum of
April 3, 2019, ‘‘Combating Trafficking in
Counterfeit and Pirated Goods,’’ directs
the Secretary of Homeland Security, in
coordination with the Secretary of
Commerce and in consultation with
other agencies and offices to prepare
and submit a report to the President on
the ‘‘State of Counterfeit and Pirated
Goods Trafficking and
Recommendations,’’ with particular
emphasis on the role of online thirdparty marketplaces and other third-party
intermediaries, and, consistent with
applicable law, to consult with
intellectual property rights holders,
online third-party marketplaces and
other third-party intermediaries, and
other private-sector stakeholders in
preparing the report. Specifically, the
report shall:
(i) Analyze available data and other
information to develop a deeper
understanding of the extent to which
online third-party marketplaces and
other third party intermediaries are used
to facilitate the importation and sale of
counterfeit and pirated goods; identify
the factors that contribute to trafficking
in counterfeit and pirated goods; and
describe any market incentives and
distortions that may contribute to thirdparty intermediaries facilitating
trafficking in counterfeit and pirated
goods. This review should include data
regarding the origins of counterfeit and
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pirated goods and the types of
counterfeit and pirated goods that are
trafficked, along with any other relevant
data, and shall provide a foundation for
any recommended administrative,
regulatory, legislative, or policy
changes.
(ii) Evaluate the existing policies and
procedures of third-party intermediaries
relating to trafficking in counterfeit and
pirated goods, and identify the practices
of those entities that have been most
effective in curbing the importation and
sale of counterfeit and pirated goods,
including those conveyed through
online third-party marketplaces. The
report should also evaluate the
effectiveness of Federal efforts,
including the requirement for certain
Federal contractors to establish and
maintain a system to detect and avoid
counterfeit electronic parts under the
Defense Federal Acquisition Regulation
Supplement (DFARS) 252.246–7007, as
well as steps taken by foreign
governments, such as France and
Canada, to combat trafficking in
counterfeit and pirated goods.
(iii) To the extent that certain types of
data are not currently available to the
Federal Government, or accessible in a
readily usable form, recommend
changes to the data collection practices
of agencies, including specification of
categories of data that should be
collected and appropriate
standardization practices for data.
(iv) Identify appropriate
administrative, statutory, regulatory, or
other changes, including enhanced
enforcement actions, that could
substantially reduce trafficking in
counterfeit and pirated goods or
promote more effective law enforcement
regarding trafficking in such goods. The
report should address the practices of
counterfeiters and pirates, including
their shipping, fulfillment, and payment
logistics, and assess means of mitigating
the factors that facilitate trafficking in
counterfeit and pirated goods.
(v) Identify appropriate guidance that
agencies may provide to third-party
intermediaries to help them prevent the
importation and sale of counterfeit and
pirated goods.
(vi) Identify appropriate
administrative, regulatory, legislative, or
policy changes that would enable
agencies, as appropriate, to more
effectively share information regarding
counterfeit and pirated goods, including
suspected counterfeit and pirated goods,
with intellectual property rights
holders, consumers, and third-party
intermediaries.
(vii) Evaluate the current and future
resource needs of agencies and make
appropriate recommendations for more
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effective detection, interdiction,
investigation, and prosecution regarding
trafficking in counterfeit and pirated
goods, including trafficking through
online third-party marketplaces and
other third-party intermediaries. These
recommendations should include
suggestions for increasing the use of
effective technologies and expanding
collaboration with third party
intermediaries, intellectual property
rights holders, and other stakeholders.
(viii) Identify areas for collaboration
between the Department of Justice and
Department of Homeland Security on
efforts to combat trafficking in
counterfeit and pirated goods.
The Presidential Memorandum
defines:
• ‘‘Online third-party marketplace’’ to
mean ‘‘any web-based platform that
includes features primarily designed for
arranging the sale, purchase, payment,
or shipping of goods, or that enables
sellers not directly affiliated with an
operator of such platforms to sell
physical goods to consumers located in
the United States;’’ and
• ‘‘Third-party intermediaries’’ to
mean ‘‘online third-party marketplaces,
carriers, customs brokers, payment
providers, vendors, and other parties
involved in international transactions.’’
The Secretary of Homeland Security,
in coordination with the Secretary of
Commerce, and in consultation with
relevant agencies (‘‘interagency’’), is
required to deliver this report to the
President by October 30, 2019. A public
version of the report will be published
in the Federal Register within 30 days
thereafter.
In response to this directive, as part
of its coordination in preparation of the
report, the Department of Commerce is
facilitating stakeholder outreach to
better understand, inter alia:
• The extent to which online thirdparty marketplaces and other third-party
intermediaries are used to facilitate
importation and sale of counterfeit and
pirated goods;
• The existing practices of online
third-party marketplaces and/or other
third-party intermediaries that are most
effective in curbing importation and sale
of counterfeit and pirated goods; and
• Recommendations for potential
policy, administrative, regulatory, and/
or legislative changes by the Federal
Government that could be effective in
curbing the importation and sale of
counterfeit and pirated goods through
online third-party marketplaces and/or
enabling more effective law enforcement
regarding the importation and sale of
such goods.
In preparing the report, the
interagency already is considering
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information and recommendations
submitted by stakeholders in response
to other U.S. Government solicitations
for public submissions, including those
received in connection with USTR’s
annual Special 301 Report on
intellectual property protection and
Review of Notorious Markets for piracy
and counterfeiting. For this notice, the
Department particularly is seeking input
beyond that provided through those
other process.
In addition, the interagency currently
is considering potential ‘‘best practices’’
guidance for online third-party
marketplaces designed to prevent
counterfeit and pirated goods from
being offered for sale, such as:
i. Conducting an advance vetting of
the potential sellers/vendors, including
to ensure that the goods are not being
produced by forced labor (19 U.S.C.
1307; 18 U.S.C. 1589);
ii. establishing and enforcing a
‘‘prohibited items’’ list of those goods
that may not be sold through the
marketplace (due to, e.g., the risks to
public health and safety that would be
posed by counterfeit or pirated versions
of such goods and/or the high likelihood
that such goods would be counterfeit or
pirated in light of the nature of the
authorized distribution channels for the
legitimate versions of those goods);
iii. taking down listings for
counterfeit and pirated goods;
iv. notifying customers that the
marketplace has determined that the
customer has, or may have, purchased
counterfeit or pirated goods, and
providing appropriate remedies to such
customers; and
v. notifying other third-party
intermediaries, intellectual property
rights holders, other stakeholders, and
law enforcement that the online thirdparty marketplace has determined that a
particular seller/vendor has been
supplying counterfeit or pirated goods.
Request for Information and
Recommendations
Given the nature and import of the
Presidential Memorandum, the
Secretary requests information and
recommendations from interested
stakeholders, including but not limited
to: Intellectual property rights holders
affected by the importation and sale of
counterfeit and pirated goods through
online third-party marketplaces or other
third-party intermediaries; online thirdparty marketplaces and other third-party
intermediaries; and other affected
persons or entities.
Respondents may address any, all or
none of the following questions, and
may address additional related topics
that have implications for combating the
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trafficking in counterfeit and pirated
goods. Please identify, where possible,
the questions your comments are
intended to address.
Respondents may organize their
submissions in any manner, and all
responses that comply with the
requirements listed in the DATES and
ADDRESSES sections of this notice will be
considered. Reminder: Respondents
have the burden to request that any
information contained in a submission
be treated as ‘‘Business Confidential
Information’’ and must certify that such
information is business confidential and
would not customarily be released to
the public by the submitter.
While the Department welcomes all
input considered relevant to the
development of a report on the state of
counterfeit and pirated goods trafficking
through online third-party marketplaces
and recommendations to combat such
trafficking, the Department specifically
seeks the following types of information
and recommendations:
1. How are your interests affected by
counterfeit or pirated goods imported
through online third-party marketplaces
and other third-party intermediaries as
those terms are defined in the
Presidential Memorandum? (Specific
examples and/or data would be helpful,
including on the origins of counterfeit
and pirated goods and the types of
counterfeit and pirated goods that are
trafficked. Information that is not
publicly available can be submitted as
‘‘business confidential’’ in accordance
with the instructions in the ADDRESSES
section).
2. What factors contribute to
trafficking in counterfeit and pirated
goods through online third-party
marketplaces or other third-party
intermediaries, and what market
incentives and distortions may
contribute to the use of online thirdparty marketplaces and other third-party
intermediaries to traffic in counterfeit
and pirated goods?
3. Are there effective technologies, the
use of which—by the private sector and/
or law enforcement agencies—could
substantially reduce the sale and
importation of counterfeit and pirated
goods through online third-party
marketplaces and/or enable more
effective law enforcement regarding the
trafficking in such goods? Please
reference and provide copies of any
available studies that demonstrate the
efficacy of such technologies, or any
available data that may be used to do so.
4. To what degree can expanded
collaboration and information sharing
among online third-party marketplaces,
other third-party intermediaries,
intellectual property rights holders,
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32863
other private-sector stakeholders and/or
U.S. law enforcement organizations
substantially reduce trafficking in
counterfeit and pirated goods and/or
enable more effective law enforcement
regarding the trafficking in such goods?
5. Are there Federal agency data
collection or standardization practices,
or practices involving provision of data
to parties, that could promote more
effective detection, interdiction,
investigation or prosecution of
underlying violations of U.S. customs
laws and of intellectual property rights?
6. What existing policies, procedures
or best practices of online third-party
marketplaces, other third-party
intermediaries, intellectual property
rights holders, and/or other privatesector stakeholders have been effective
in curbing the importation and sale of
counterfeit and pirated goods, including
those conveyed through online thirdparty marketplaces?
7. What additional policies,
procedures or best practices of online
third-party marketplaces, other thirdparty intermediaries, intellectual
property rights holders, and/or other
private-sector stakeholders can be
effective in curbing the importation and
sale of counterfeit and pirated goods,
including those conveyed through
online third-party marketplaces? What
would it cost for industry to adopt such
practices?
8. What policy remedies, including
administrative, regulatory, or legislative
changes by the Federal Government
(including enhanced enforcement
actions) could substantially reduce the
trafficking in counterfeit and pirated
goods and/or promote more effective
law enforcement regarding the
trafficking in such goods? Please
reference any available analyses that
shed light on the efficacy and potential
impacts of such proposed remedies.
Dated: July 5, 2019.
Earl Comstock,
Director of the Office of Policy and Strategic
Planning, Department of Commerce.
[FR Doc. 2019–14715 Filed 7–5–19; 4:15 pm]
BILLING CODE 3510–17–P
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]]>Agencies
[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32861-32863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14715]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[Docket Number: 190703544-9544-01]
Comment Request; Report on the State of Counterfeit and Pirated
Goods Trafficking and Recommendations
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce is seeking comments from
intellectual property rights holders, online third-party marketplaces
and other third-party intermediaries, and other private-sector
stakeholders on the state of counterfeit and pirated goods trafficking
through online third-party marketplaces and recommendations for curbing
the trafficking in such counterfeit and pirated goods. All responses to
this notice will be shared with interagency teams, and specifically the
Department of Homeland Security (DHS), for use in preparing a report
for the President as directed by the April 3, 2019 Presidential
Memorandum on ``Combating Trafficking in Counterfeit and Pirated
Goods'' (Presidential Memorandum).
DATES: Comments must be received by 5:00 p.m. Eastern time on Monday,
July 29, 2019.
ADDRESSES: You may submit comments and responses to the questions below
by one of the following methods. All comments must be submitted through
the Federal eRulemaking Portal at https://www.regulations.gov, Docket
No. DOC-2019-0003, unless the commenter does not have access to the
internet. Commenters who do not have access to the internet may submit
the original and one copy of each set of comments by mail or hand
delivery/courier as noted in option (b) below.
(a) Electronic Submission: Submit all electronic comments via the
Federal e-Rulemaking Portal at https://www.regulations.gov (at the home
page, enter [DOCKET NUMBER] in the ``Search'' box, click the ``Comment
Now!'' icon, complete the required fields, and enter or attach your
comments). The materials in the docket will not be edited to remove
identifying or contact information, and the Department cautions against
including any information in an electronic submission that the
submitter does not want publicly disclosed. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, or Adobe PDF
formats only. Comments containing references to studies, research, and
other empirical data that are not widely published should include
copies of the referenced materials. If you want to submit a comment
with business confidential information that you do not wish to be made
public, submit the comment in the manner detailed below. Submissions of
``Business Confidential Information'': 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
[[Page 32862]]
rebuttal comments. Failure to follow these procedures may result in the
public posting of the submissions in their entirety. If these
procedures are not sufficient to protect business confidential
information or otherwise protect business interests, please contact
Raquel Cohen at [email protected] to assess whether alternative
arrangements are possible.
(b) Written/Paper Submissions: Commenters who do not have access to
the internet may send written/paper submissions to: The Office of
Intellectual Property Rights (OIPR), International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW,
Room 21028, Washington, DC 20230. Submissions of ``Business
Confidential Information'': Please review the ``Business Confidential
Information'' instructions noted in (a), above.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
contact Raquel Cohen at the U.S. Department of Commerce, International
Trade Administration, Office of Intellectual Property Rights, by email
to [email protected], telephone number (202) 482-4146.
SUPPLEMENTARY INFORMATION: Section 2 of the Presidential Memorandum of
April 3, 2019, ``Combating Trafficking in Counterfeit and Pirated
Goods,'' directs the Secretary of Homeland Security, in coordination
with the Secretary of Commerce and in consultation with other agencies
and offices to prepare and submit a report to the President on the
``State of Counterfeit and Pirated Goods Trafficking and
Recommendations,'' with particular emphasis on the role of online
third-party marketplaces and other third-party intermediaries, and,
consistent with applicable law, to consult with intellectual property
rights holders, online third-party marketplaces and other third-party
intermediaries, and other private-sector stakeholders in preparing the
report. Specifically, the report shall:
(i) Analyze available data and other information to develop a
deeper understanding of the extent to which online third-party
marketplaces and other third party intermediaries are used to
facilitate the importation and sale of counterfeit and pirated goods;
identify the factors that contribute to trafficking in counterfeit and
pirated goods; and describe any market incentives and distortions that
may contribute to third-party intermediaries facilitating trafficking
in counterfeit and pirated goods. This review should include data
regarding the origins of counterfeit and pirated goods and the types of
counterfeit and pirated goods that are trafficked, along with any other
relevant data, and shall provide a foundation for any recommended
administrative, regulatory, legislative, or policy changes.
(ii) Evaluate the existing policies and procedures of third-party
intermediaries relating to trafficking in counterfeit and pirated
goods, and identify the practices of those entities that have been most
effective in curbing the importation and sale of counterfeit and
pirated goods, including those conveyed through online third-party
marketplaces. The report should also evaluate the effectiveness of
Federal efforts, including the requirement for certain Federal
contractors to establish and maintain a system to detect and avoid
counterfeit electronic parts under the Defense Federal Acquisition
Regulation Supplement (DFARS) 252.246-7007, as well as steps taken by
foreign governments, such as France and Canada, to combat trafficking
in counterfeit and pirated goods.
(iii) To the extent that certain types of data are not currently
available to the Federal Government, or accessible in a readily usable
form, recommend changes to the data collection practices of agencies,
including specification of categories of data that should be collected
and appropriate standardization practices for data.
(iv) Identify appropriate administrative, statutory, regulatory, or
other changes, including enhanced enforcement actions, that could
substantially reduce trafficking in counterfeit and pirated goods or
promote more effective law enforcement regarding trafficking in such
goods. The report should address the practices of counterfeiters and
pirates, including their shipping, fulfillment, and payment logistics,
and assess means of mitigating the factors that facilitate trafficking
in counterfeit and pirated goods.
(v) Identify appropriate guidance that agencies may provide to
third-party intermediaries to help them prevent the importation and
sale of counterfeit and pirated goods.
(vi) Identify appropriate administrative, regulatory, legislative,
or policy changes that would enable agencies, as appropriate, to more
effectively share information regarding counterfeit and pirated goods,
including suspected counterfeit and pirated goods, with intellectual
property rights holders, consumers, and third-party intermediaries.
(vii) Evaluate the current and future resource needs of agencies
and make appropriate recommendations for more effective detection,
interdiction, investigation, and prosecution regarding trafficking in
counterfeit and pirated goods, including trafficking through online
third-party marketplaces and other third-party intermediaries. These
recommendations should include suggestions for increasing the use of
effective technologies and expanding collaboration with third party
intermediaries, intellectual property rights holders, and other
stakeholders.
(viii) Identify areas for collaboration between the Department of
Justice and Department of Homeland Security on efforts to combat
trafficking in counterfeit and pirated goods.
The Presidential Memorandum defines:
``Online third-party marketplace'' to mean ``any web-based
platform that includes features primarily designed for arranging the
sale, purchase, payment, or shipping of goods, or that enables sellers
not directly affiliated with an operator of such platforms to sell
physical goods to consumers located in the United States;'' and
``Third-party intermediaries'' to mean ``online third-
party marketplaces, carriers, customs brokers, payment providers,
vendors, and other parties involved in international transactions.''
The Secretary of Homeland Security, in coordination with the
Secretary of Commerce, and in consultation with relevant agencies
(``interagency''), is required to deliver this report to the President
by October 30, 2019. A public version of the report will be published
in the Federal Register within 30 days thereafter.
In response to this directive, as part of its coordination in
preparation of the report, the Department of Commerce is facilitating
stakeholder outreach to better understand, inter alia:
The extent to which online third-party marketplaces and
other third-party intermediaries are used to facilitate importation and
sale of counterfeit and pirated goods;
The existing practices of online third-party marketplaces
and/or other third-party intermediaries that are most effective in
curbing importation and sale of counterfeit and pirated goods; and
Recommendations for potential policy, administrative,
regulatory, and/or legislative changes by the Federal Government that
could be effective in curbing the importation and sale of counterfeit
and pirated goods through online third-party marketplaces and/or
enabling more effective law enforcement regarding the importation and
sale of such goods.
In preparing the report, the interagency already is considering
[[Page 32863]]
information and recommendations submitted by stakeholders in response
to other U.S. Government solicitations for public submissions,
including those received in connection with USTR's annual Special 301
Report on intellectual property protection and Review of Notorious
Markets for piracy and counterfeiting. For this notice, the Department
particularly is seeking input beyond that provided through those other
process.
In addition, the interagency currently is considering potential
``best practices'' guidance for online third-party marketplaces
designed to prevent counterfeit and pirated goods from being offered
for sale, such as:
i. Conducting an advance vetting of the potential sellers/vendors,
including to ensure that the goods are not being produced by forced
labor (19 U.S.C. 1307; 18 U.S.C. 1589);
ii. establishing and enforcing a ``prohibited items'' list of those
goods that may not be sold through the marketplace (due to, e.g., the
risks to public health and safety that would be posed by counterfeit or
pirated versions of such goods and/or the high likelihood that such
goods would be counterfeit or pirated in light of the nature of the
authorized distribution channels for the legitimate versions of those
goods);
iii. taking down listings for counterfeit and pirated goods;
iv. notifying customers that the marketplace has determined that
the customer has, or may have, purchased counterfeit or pirated goods,
and providing appropriate remedies to such customers; and
v. notifying other third-party intermediaries, intellectual
property rights holders, other stakeholders, and law enforcement that
the online third-party marketplace has determined that a particular
seller/vendor has been supplying counterfeit or pirated goods.
Request for Information and Recommendations
Given the nature and import of the Presidential Memorandum, the
Secretary requests information and recommendations from interested
stakeholders, including but not limited to: Intellectual property
rights holders affected by the importation and sale of counterfeit and
pirated goods through online third-party marketplaces or other third-
party intermediaries; online third-party marketplaces and other third-
party intermediaries; and other affected persons or entities.
Respondents may address any, all or none of the following
questions, and may address additional related topics that have
implications for combating the trafficking in counterfeit and pirated
goods. Please identify, where possible, the questions your comments are
intended to address.
Respondents may organize their submissions in any manner, and all
responses that comply with the requirements listed in the DATES and
ADDRESSES sections of this notice will be considered. Reminder:
Respondents have the burden to request that any information contained
in a submission be treated as ``Business Confidential Information'' and
must certify that such information is business confidential and would
not customarily be released to the public by the submitter.
While the Department welcomes all input considered relevant to the
development of a report on the state of counterfeit and pirated goods
trafficking through online third-party marketplaces and recommendations
to combat such trafficking, the Department specifically seeks the
following types of information and recommendations:
1. How are your interests affected by counterfeit or pirated goods
imported through online third-party marketplaces and other third-party
intermediaries as those terms are defined in the Presidential
Memorandum? (Specific examples and/or data would be helpful, including
on the origins of counterfeit and pirated goods and the types of
counterfeit and pirated goods that are trafficked. Information that is
not publicly available can be submitted as ``business confidential'' in
accordance with the instructions in the ADDRESSES section).
2. What factors contribute to trafficking in counterfeit and
pirated goods through online third-party marketplaces or other third-
party intermediaries, and what market incentives and distortions may
contribute to the use of online third-party marketplaces and other
third-party intermediaries to traffic in counterfeit and pirated goods?
3. Are there effective technologies, the use of which--by the
private sector and/or law enforcement agencies--could substantially
reduce the sale and importation of counterfeit and pirated goods
through online third-party marketplaces and/or enable more effective
law enforcement regarding the trafficking in such goods? Please
reference and provide copies of any available studies that demonstrate
the efficacy of such technologies, or any available data that may be
used to do so.
4. To what degree can expanded collaboration and information
sharing among online third-party marketplaces, other third-party
intermediaries, intellectual property rights holders, other private-
sector stakeholders and/or U.S. law enforcement organizations
substantially reduce trafficking in counterfeit and pirated goods and/
or enable more effective law enforcement regarding the trafficking in
such goods?
5. Are there Federal agency data collection or standardization
practices, or practices involving provision of data to parties, that
could promote more effective detection, interdiction, investigation or
prosecution of underlying violations of U.S. customs laws and of
intellectual property rights?
6. What existing policies, procedures or best practices of online
third-party marketplaces, other third-party intermediaries,
intellectual property rights holders, and/or other private-sector
stakeholders have been effective in curbing the importation and sale of
counterfeit and pirated goods, including those conveyed through online
third-party marketplaces?
7. What additional policies, procedures or best practices of online
third-party marketplaces, other third-party intermediaries,
intellectual property rights holders, and/or other private-sector
stakeholders can be effective in curbing the importation and sale of
counterfeit and pirated goods, including those conveyed through online
third-party marketplaces? What would it cost for industry to adopt such
practices?
8. What policy remedies, including administrative, regulatory, or
legislative changes by the Federal Government (including enhanced
enforcement actions) could substantially reduce the trafficking in
counterfeit and pirated goods and/or promote more effective law
enforcement regarding the trafficking in such goods? Please reference
any available analyses that shed light on the efficacy and potential
impacts of such proposed remedies.
Dated: July 5, 2019.
Earl Comstock,
Director of the Office of Policy and Strategic Planning, Department of
Commerce.
[FR Doc. 2019-14715 Filed 7-5-19; 4:15 pm]
BILLING CODE 3510-17-P
