Trade Representative, Office of United States 2010 – Federal Register Recent Federal Regulation Documents

Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242) requires the United States Trade Representative (USTR) to identify countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. (The provisions of Section 182 are commonly referred to as the ``Special 301'' provisions of the Trade Act.). The USTR is required to determine which, if any, of these countries should be identified 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. In addition, USTR has created a ``Priority Watch List'' and ``Watch List'' to assist the Administration 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 IPR protection, enforcement, or market access for persons relying on intellectual property. Trading partners placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas. USTR chairs an interagency team that reviews information from many sources, and that consults with and makes recommendations to the USTR on issues arising under Special 301. Written submissions from interested persons are a key source of information for the Special 301 review process. In 2011, USTR through the Special 301 Committee will conduct a public hearing as part of the review process. USTR is hereby requesting written submissions from the public concerning foreign countries' acts, policies, or practices that are relevant to the decision on whether a particular trading partner should be identified as a priority foreign country under Section 182 of the Trade Act or placed on the Priority Watch List or Watch List. Interested parties, including foreign governments, who want to testify at the public hearing must submit a request to testify at the hearing and a short hearing statement. The deadlines for these procedures are set out below. DATES: The schedule for the 2011 Special 301 review is set forth below.

In accordance with relevant provisions of the Harmonized Tariff Schedule of the United States (HTS), the Office of the United States Trade Representative (USTR) is providing notice of its determination of the trade surplus in certain sugar and syrup goods and sugar-containing products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, and Peru. As described below, the level of a country's trade surplus in these goods relates to the quantity of sugar and syrup goods and sugar-containing products for which the United States grants preferential tariff treatment under (i) the United StatesChile Free Trade Agreement (Chile FTA), in the case of Chile; (ii) the United StatesMorocco Free Trade Agreement (Morocco FTA), in the case of Morocco; (iii) the Dominican RepublicCentral AmericaUnited States Free Trade Agreement (CAFTA-DR), in the case of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua, and (iv) the United StatesPeru Trade Promotion Agreement (Peru TPA), in the case of Peru.

Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242) requires the United States Trade Representative (USTR) to identify countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. (The provisions of Section 182 are commonly referred to as the ``Special 301'' provisions of the Trade Act.) The USTR is required to determine which, if any, of these countries should be identified as Priority Foreign Countries. In addition, USTR has created a ``Priority Watch List'' and ``Watch List'' under 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 IPR protection, enforcement, or market access for persons relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas. In the 2010 Special 301 Report (https://www.ustr.gov), USTR announced that, in order to monitor progress on specific IPR issues, Out-of-Cycle Reviews would be conducted for the Philippines and Thailand. USTR requests written submissions from the public concerning any act, policy, or practice that is relevant to the decision regarding whether the Philippines and Thailand should be identified under Section 182 of the Trade Act.

The United States Trade Representative (``Trade Representative'') has initiated an investigation under section 302(a) of the Trade Act of 1974, as amended (``Trade Act''), with respect to acts, policies, and practices of the People's Republic of China (China) affecting trade and investment in green technology. The Trade Representative has initiated the investigation in response to a petition filed on September 9, 2010, and the investigation will cover the acts, policies, and practices identified in the petition. The investigation will consider whether these acts, policies, and practices deny U.S. rights or benefits under the GATT 1994, under the Agreement on Subsidies and Countervailing Measures (``SCM Agreement''), and under China's Protocol of Accession to the WTO. USTR invites written comments from the public on the matters covered in the investigation.

Chapter 19 of the North American Free Trade Agreement (``NAFTA'') provides for the establishment of a roster of individuals to serve on binational panels convened to review final determinations in antidumping or countervailing duty (``AD/CVD'') proceedings and amendments to AD/CVD statutes of a NAFTA Party. The United States annually renews its selections for the Chapter 19 roster. Applications are invited from eligible individuals wishing to be included on the roster for the period April 1, 2011, through March 31, 2012.

The African Growth and Opportunity Act Implementation Subcommittee of the Trade Policy Staff Committee (the ``Subcommittee'') is requesting written public comments for the annual review of the eligibility of sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). The Subcommittee will consider these comments in developing recommendations on AGOA country eligibility for the President. Comments received related to the child labor criteria may also be considered by the Secretary of Labor for the preparation of the Department of Labor's report on child labor as required under section 412(c) of the Trade and Development Act of 2000. This notice identifies the eligibility criteria that must be considered under the AGOA, and lists those sub-Saharan African countries that are currently eligible for the benefits of the AGOA, and those that are currently ineligible for such benefits.

The Office of the United States Trade Representative (``USTR'') is providing notice that on September 15, 2010, the United States requested consultations with the People's Republic of China (``China'') under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning issues relating to countervailing and antidumping duties imposed by China on imports from the United States of grain oriented flat-rolled electrical steel. That request may be found at https://www.wto.org contained in a document designated as WT/DS414/1. USTR invites written comments from the public concerning the issues raised in this dispute.

On August 11, 2010, a public notice was published in the Federal Register on pages 48737-48738 announcing a public hearing to consider country practices petitions received in the 2009 Annual Review under the Generalized System of Preferences (GSP) program. This notice announces a change in the hearing date and location, from September 24, 2010, to September 28, 2010. The hearing will now be held at 1724 F Street, NW., Washington, DC, beginning at 9:30 a.m.

The Office of the United States Trade Representative (USTR) published a notice in the Federal Register of August 17, 2010 concerning Fiscal Year 2011 tariff-rate quota allocations of raw cane sugar, refined and special sugar, and sugar-containing products. USTR is revising the effective date of that notice to September 1, 2010 from October 1, 2010.

The following staff members have been appointed to serve on the Performance Review Board:

The Office of the United States Trade Representative (USTR) is providing notice of country-by-country allocations of the Fiscal Year (FY) 2011 in-quota quantity of the tariff-rate quotas for imported raw cane sugar, refined and specialty sugar, and sugar-containing products.

On July 15, 2010, a public notice was published in the Federal Register on pages 41274-41276 requesting petitions by August 3, 2010, to modify the list of products that are eligible for duty-free treatment under the Generalized System of Preferences (GSP) program. This notice extends the deadline for submission of petitions for the 2010 Annual GSP Product Review to 5 p.m., Friday, August 13, 2010. Notification of which petitions are accepted for the 2010 Annual GSP Review and of other relevant dates will be announced in the Federal Register at a later date.

Pursuant to section 181 of the Trade Act of 1974, as amended (19 U.S.C. 2241), the Office of the United States Trade Representative (USTR) is required to publish annually the National Trade Estimate Report on Foreign Trade Barriers (NTE). With this notice, the Trade Policy Staff Committee (TPSC) is requesting interested persons to submit comments to assist it in identifying significant barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the NTE.

This notice announces that the Office of the United States Trade Representative (USTR) will receive petitions to modify the list of products that are eligible for duty-free treatment under the Generalized System of Preferences (GSP) program. This notice determines that the deadline for submission of product petitions, other than those requesting competitive need limitation (CNL) waivers, is 5 p.m., Tuesday, August 3, 2010. The deadline for submission of petitions requesting CNL waivers is 5 p.m., Tuesday, November 16, 2010. The lists of product petitions accepted for review will be announced in the Federal Register at a later date.

This notice requests that interested persons submit proposals seeking accelerated tariff elimination under the USCFTA and describes the procedures for filing proposals. This notice also requests proposals on appropriate changes that the Office of the U.S. Trade Representative (USTR) should consider for liberalizing the USCFTA's rules of origin.

Under the 2006 Softwood Lumber Agreement (SLA), Canada agreed to impose export measures on Canadian exports of softwood lumber products to the United States. At the request of the United States, an arbitral tribunal established under the SLA determined in March 2008 that Canada had breached certain SLA obligations. In February 2009, the tribunal issued a remedy award requiring Canada to collect an additional 10 percent ad valorem export charge on softwood lumber shipments from Ontario, Quebec, Manitoba, and Saskatchewan, until an entire amount of CDN $ 68 million has been collected. Canada did not begin collecting the additional export charge. In April 2009, the United States Trade Representative (``Trade Representative'') initiated an investigation under Section 302 of the Trade Act of 1974, as amended (``Trade Act''). In that investigation, the Trade Representative determined that Canada's failure to implement the tribunal's remedy award had the effect of denying U.S. rights under the SLA; and, pursuant to Section 301 of the Trade Act, the Trade Representative imposed 10 percent ad valorem duties on imports of softwood lumber products subject to the SLA from the provinces of Ontario, Quebec, Manitoba, and Saskatchewan (the April 2009 action). Under the April 2009 action, the duties are to remain in place until such time as the United States collects $54.8 million, the U.S. dollar equivalent of CDN $ 68 million at the time. The Government of Canada, however, is now

The Office of the United States Trade Representative (USTR) is providing notice of country-by-country allocations of additional fiscal year (FY) 2010 in-quota quantity of the tariff-rate quota (TRQ) for imported raw cane sugar.

The Office of the United States Trade Representative (``USTR'') is providing notice that on April 8, 2010, received a request from the Republic of Korea (``Korea'') for the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain issues relating to the imposition of antidumping measures on stainless steel plate in coils, stainless steel sheet and strip in coils, and diamond sawblades and parts thereof from Korea. That request may be found at https://www.wto.org in a document designated as WT/DS402/3. USTR invites written comments from the public concerning the issues raised in this dispute.

This publication gives notice that the Office of the United States Trade Representative (USTR), through the Trade Policy Staff Committee (TPSC), is initiating an environmental review of the proposed Trans-Pacific Partnership Trade Agreement (TPP) between the United States and the other countries currently involved in TPP negotiations. The TPSC is requesting written comments from the public on what should be included in the scope of the environmental review, including the potential environmental effects that might flow from the trade agreement and the potential implications for U.S. environmental laws and regulations. The TPSC is also requesting identification of potential complementarities between trade and environmental objectives such as the promotion of sustainable development. The TPSC also welcomes public views on appropriate methodologies and sources of data for conducting the review. The review will be conducted consistent with the relevant procedures of Executive Order 13141 (64 FR 63169) (Nov. 18, 1999) and its implementing guidelines (65 FR 79442). Persons submitting written comments should provide as much detail as possible on the degree to which the subject matter they propose for inclusion in the review may raise significant environmental issues in the context of the negotiation. Public comments on environmental issues submitted in response to a previous notice (74 FR 66720) requesting comments from the public to assist USTR in formulating positions and proposals with respect to all aspects of the negotiation of a Trans-Pacific Partnership Trade Agreement will be taken into account in preparing the environmental review and do not need to be resubmitted.

The Trade Policy Staff Committee (TPSC) is requesting written comments from the public with respect to the expansion of the list of pharmaceuticals subject to reciprocal duty elimination by certain members of the World Trade Organization (WTO). The specific information being sought is described in the background section below.

The Office of the United States Trade Representative (``USTR'') is providing notice that on February 1, 2010, the Socialist Republic of Vietnam (``Vietnam'') requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning a number of antidumping administrative reviews and new shipper reviews conducted by the Department of Commerce on imports of certain frozen warmwater shrimp from Vietnam (Investigation A-552-801), and various U.S. laws, regulations, administrative procedures, practices, and methodologies. That request may be found at https://www.wto.org contained in a document designated as WT/DS404/1. USTR invites written comments from the public concerning the issues raised in this dispute.

The Office of the United States Trade Representative (USTR) has accepted for review a petition to remove certain sleeping bags (HTS9404.30.80) from the list of products eligible for duty-free treatment under the GSP program. This notice sets forth the schedule for submitting comments and review of the petition.

The Office of the United States Trade Representative (``USTR'') is providing notice that on December 9, 2009 the United States received a request from China for the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain measures affecting imports of certain passenger vehicle and light truck tires from China. The request may be found at https://www.wto.org in document WT/DS399/2. USTR invites written comments from the public concerning the issues raised in this dispute.