Request for Comments and Notice of a Public Hearing Regarding the 2024 Special 301 Review, 84869-84870 [2023-26737]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84869-84870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26737]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2023-0014]


Request for Comments and Notice of a Public Hearing Regarding the 
2024 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, 2024 at 11:59 p.m. EST: Deadline for submission of 
written comments, hearing statements, and notices of intent to appear 
at the hearing from the public.
    February 13, 2024 at 11:59 p.m. EST: Deadline for submission of 
written comments, hearing statements, and notices of intent to appear 
at the hearing from foreign governments.
    February 21, 2024: The Special 301 Subcommittee will hold a public 
hearing at the Office of the United State Trade Representative, 1724 F 
Street NW, Rooms 1&2, Washington, DC. If necessary, the hearing may 
continue on the next business day. Those who intend to testify at the 
public hearing must submit a notice of intent to appear by the 
deadlines stated above. Please consult the USTR website at https://ustr.gov/issue-areas/intellectual-property/Special-301 for confirmation 
of the date and location and the schedule of witnesses.
    February 28, 2024 at 11:59 p.m. EST: Deadline for submission of 
post-hearing written comments from persons who testified at the public 
hearing.
    On or about April 26, 2024: USTR will publish the 2024 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-2023-0014. 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: Claire Avery-Page, 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 Special 301 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. In 2024, USTR will conduct a public hearing 
as part of the review process and will allow hearing participants to 
provide additional information relevant to the review. 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 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

[[Page 84870]]

publish the annual Special 301 Report about April 26, 2024.

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 IP protection. Comments that include 
quantitative loss claims should include the methodology used to 
calculate the estimated losses.

III. Public Hearing

    The Special 301 Subcommittee will convene a public hearing on 
February 21, 2024, in Rooms 1 and 2, 1724 F Street NW, Washington, DC, 
at which interested persons, including representatives of foreign 
governments, may appear to provide oral testimony. If necessary, the 
hearing may continue on the next business day. Because the hearing will 
take place in Federal facilities, attendees must show photo 
identification and will be screened for security purposes. Please 
consult the USTR website at https://ustr.gov/issue-areas/intellectual-property/Special-301 to confirm the date and location of the hearing 
and to obtain copies of the hearing schedule. USTR also will post the 
transcript and recording of the hearing on the USTR website as soon 
after the hearing as possible. Witnesses must deliver prepared oral 
testimony, which is limited to five minutes, before the Special 301 
Subcommittee in person and in English. Subcommittee member agencies may 
ask questions following the prepared statement.
    Witnesses not from foreign governments must submit a notice of 
intent to testify and a hearing statement by January 30, 2024, and 
foreign government witnesses must submit a notice of intent to testify 
and a hearing statement by February 13, 2024. The submissions must be 
in English and must include: (1) the name, address, telephone number, 
email address, and firm or affiliation of the individual wishing to 
testify, and (2) a hearing statement that is relevant to the Special 
301 review.

IV. Submission Instructions

    All submissions must be in English and sent electronically via 
Regulations.gov using docket number USTR-2023-0014. To submit comments, 
locate the docket (folder) by entering the number USTR-2023-0014 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_2024 Special 301_Review_Comment, or 
Notice of Intent to Testify or Hearing Statement. Please include the 
following information in the `start typing comment here' field: `2024 
Special 301 Review' and whether the submission is a comment, a request 
to testify at the hearing, or a hearing statement. 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 business confidential information 
(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-2023-0014 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. 2023-26737 Filed 12-5-23; 8:45 am]
BILLING CODE 3390-F4-P