Request for Comments and Notice of a Public Hearing Regarding the 2023 Special 301 Review, 76660-76661 [2022-27195]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Notices]
[Pages 76660-76661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27195]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2022-0016]


Request for Comments and Notice of a Public Hearing Regarding the 
2023 Special 301 Review

AGENCY: Office of the United States Trade Representative.

ACTION: Request for comments and notice of public hearing.

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SUMMARY: Each year, the Office of the United States Trade 
Representative (USTR) conducts a review to identify countries that deny 
adequate and effective protection of intellectual property (IP) rights 
or deny fair and equitable market access to U.S. persons who rely on IP 
protection. Based on this review, the U.S. Trade Representative 
determines which, if any, of these countries to identify as Priority 
Foreign Countries. USTR requests written comments that identify acts, 
policies, or practices that may form the basis of a country's 
identification as a Priority Foreign Country or placement on the 
Priority Watch List or Watch List.

DATES: 
    January 30, 2023 at 11:59 p.m. EST: Deadline for submission of 
written comments from the public.
    February 13, 2023 at 11:59 p.m. EST: Deadline for submission of 
written comments from foreign governments.
    February 22, 2023: Deadline for the Special 301 Subcommittee of the 
Trade Policy Staff Committee (Subcommittee) to pose questions on 
written comments.
    March 7, 2023 at 11:59 p.m. EST: Deadline for submission of 
commenters' responses to questions from the Subcommittee.
    On or about April 28, 2023: USTR will publish the 2023 Special 301 
Report within 30 days of the publication of the National Trade Estimate 
Report.

ADDRESSES: USTR strongly encourages electronic submissions made through 
the Federal eRulemaking Portal: https://www.regulations.gov 
(Regulations.gov). Follow the submission instructions in section IV 
below. The docket number is USTR-2022-0016. For alternatives to on-line 
submissions, please contact USTR at [email protected] before 
transmitting a comment and in advance of the relevant deadline.

FOR FURTHER INFORMATION CONTACT: Ariel Gordon, Director for Innovation 
and Intellectual Property, at [email protected] or (202) 395-
6862. You can find information about the Special 301 Review at https://www.ustr.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242), 
commonly known as the Special 301 provisions, requires the U.S. Trade 
Representative to identify countries that deny adequate and effective 
IP protections or fair and equitable market access to U.S. persons who 
rely on IP protection. The Trade Act requires the U.S. Trade 
Representative to determine which, if any, of these countries to 
identify as Priority Foreign Countries. Acts, policies, or practices 
that are the basis of a country's identification as a Priority Foreign 
Country can be subject to the procedures set out in sections 301-305 of 
the Trade Act (19 U.S.C. 2411-2415).
    In addition, USTR has created a Priority Watch List and Watch List 
to assist in pursuing the goals of the Special 301 provisions. 
Placement of a trading partner on the Priority Watch List or Watch List 
indicates that particular problems exist in that country with respect 
to IP protection, enforcement, or market access for persons that rely 
on intellectual property protection. Trading partners placed on the 
Priority Watch List are the focus of increased bilateral attention 
concerning the problem areas.
    USTR chairs the Subcommittee, which reviews information from many 
sources, and consults with and makes recommendations to the U.S. Trade 
Representative on issues arising under Special 301. Written submissions 
from the public are a key source of information for the Special 301 
review process. As discussed below, in 2023, in lieu of an in-person 
hearing, the Subcommittee will submit written questions to commenters 
as part of the review process and will allow commenters to provide 
written responses. At the conclusion of the process, USTR will publish 
the results of the review in a Special 301 Report.
    USTR requests that interested persons identify through the process 
outlined in this notice those countries the acts, policies, or 
practices of which deny adequate and effective protection for IP rights 
or deny fair and equitable market access to U.S. persons who rely on IP 
protection. The Special 301 provisions also require the U.S. Trade 
Representative to identify any act, policy, or practice of Canada that 
affects cultural industries, was adopted or expanded after December 17, 
1992, and is actionable under Article 32.6 of the United States-Mexico-
Canada Agreement (USMCA) (as defined in section 3 of the USMCA 
Implementation Act). USTR invites the public to submit

[[Page 76661]]

views relevant to this aspect of the review.
    The Special 301 provisions require the U.S. Trade Representative to 
identify all such acts, policies, or practices within 30 days of the 
publication of the National Trade Estimate Report. In accordance with 
this statutory requirement, USTR will publish the annual Special 301 
Report about April 28, 2023.

II. Public Comments

    To facilitate this year's review, written comments should be as 
detailed as possible and provide all necessary information to identify 
and assess the effect of the acts, policies, and practices. USTR 
invites written comments that provide specific references to laws, 
regulations, policy statements, including innovation policies, 
executive, presidential, or other orders, and administrative, court, or 
other determinations that should factor into the review. USTR also 
requests that, where relevant, submissions mention particular regions, 
provinces, states, or other subdivisions of a country in which an act, 
policy, or practice is believed to warrant special attention. Finally, 
submissions proposing countries for review should include data, loss 
estimates, and other information regarding the economic impact on the 
United States, U.S. industry, and the U.S. workforce caused by the 
denial of adequate and effective intellectual property protection. 
Comments that include quantitative loss claims should include the 
methodology used to calculate the estimated losses.

III. Public Participation

    In 2023, due to COVID-19, USTR will foster public participation via 
written submissions rather than an in-person hearing. The Subcommittee 
will review written comments and may ask clarifying questions to 
commenters. The Subcommittee will post the questions on the public 
docket, other than questions that include properly designated business 
confidential information (BCI). The Subcommittee will send questions 
that include properly designated BCI to the relevant commenters by 
email, and will not post these questions on the public docket. Replies 
to questions that contain BCI must follow the procedures in section IV 
below.
    In order to be eligible to receive written questions, the written 
submissions must be in English and must include the name, address, 
telephone number, email address, and firm or affiliation of the 
submitter.

IV. Submission Instructions

    All submissions must be in English and sent electronically via 
Regulations.gov using docket number USTR-2022-0016. To submit comments, 
locate the docket (folder) by entering the number USTR-2022-0016 in the 
`search for dockets or documents on agency actions' window at the 
Regulations.gov home page and click `search.' The site will provide a 
search-results page listing all documents associated with this docket. 
Locate the reference to this notice by selecting `notice' under 
`document type' on the left side of the search-results page, and click 
on the link entitled `comment'.
    USTR requests that you provide comments in an attached document, 
and that you name the file according to the following protocol: 
Commenter Name or Organization_2023 Special 301_Review_Comment. Please 
include the following information in the `start typing comment here' 
field: `2023 Special 301 Review.' Please submit documents prepared in 
(or compatible with) Microsoft Word (.doc) or Adobe Acrobat (.pdf) 
formats. If you prepare the submission in a compatible format, please 
indicate the name of the relevant software application in the `start 
typing comment here' field. For further information on using 
Regulations.gov, please select `FAQ' on the bottom of any page.
    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.
    For any comments that contains BCI, the file name of the business 
confidential version should begin with the characters `BCI'. Any page 
containing BCI 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. A filer requesting business confidential 
treatment must certify that the information is business confidential 
and that they would not customarily release it to the public. 
Additionally, the filer should type `business confidential' in the 
`start typing comment here' field. Filers of comments containing BCI 
also must submit a public version of their comments. The file name of 
the public version should begin with the character `P'. The `BCI' and 
`P' should be followed by the name of the person or entity submitting 
the comments. Filers submitting comments containing no BCI should name 
their file using the name of the person or entity submitting the 
comments.
    As noted, USTR strongly urges commenters to submit comments through 
Regulations.gov. You must make any alternative arrangements before 
transmitting a document and in advance of the relevant deadline by 
contacting USTR at [email protected].
    USTR will place comments in the docket and they will be open to 
public inspection, except properly designated BCI. You can view 
comments on Regulations.gov by entering Docket Number USTR-2022-0016 in 
the `search' field on the home page.

Daniel Lee,
Assistant U.S. Trade Representative for Innovation and Intellectual 
Property, Office of the United States Trade Representative.
[FR Doc. 2022-27195 Filed 12-14-22; 8:45 am]
BILLING CODE 3390-F3-P