Office of the United States Trade Representative September 2005 – 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 or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. Section 182 is commonly referred to as the ``Special 301'' provision of the Trade Act. In addition, USTR is required to determine which of those countries should be identified as Priority Foreign Countries. On April 30, 2005, USTR announced the results of the 2005 Special 301 review and stated that Out-of-Cycle Reviews (OCRs) would be conducted for Russia, Canada, Indonesia and the Philippines. USTR will conduct these OCRs in early 2006. USTR requests written comments from the public concerning the acts, policies, and practices relevant for this review under Section 182 of the Trade Act.

Pursuant to section 303 of the Trade and Tariff Act of 1984, as amended, 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 parties to assist it in identifying significant barriers to U.S. exports of goods, services and overseas direct investment for inclusion in the NTE. Particularly important are impediments materially affecting the actual and potential financial performance of an industry sector. The TPSC invites written comments that provide views relevant to the issues to be examined in preparing the NTE.

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 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 United States Trade Representative (``Trade Representative'') has determined that an appropriate response to the Government of Ukraine's adoption of important improvements to its legislation protecting intellectual property rights (``IPR'') is to terminate the 100% ad valorem duties currently in place on Ukrainian exports. In addition, the Office of the United States Trade Representative (``USTR'') is conducting an out-of-cycle review (``OCR'') under Section 182 (commonly referred to as the ``Special 301'' provision) of the Trade Act of 1974, as amended (``Trade Act'') focused on whether Ukraine has implemented fully the legislative improvements and has otherwise strengthened IPR enforcement. At the conclusion of the OCR, the Trade Representative will determine whether to revoke the identification of Ukraine as a priority foreign country (``PFC'') and accordingly to change Ukraine's status on the Special 301 list, and whether to restore Ukraine's benefits under the Generalized System of Preferences (``GSP''). USTR requests written comments from the public concerning these matters.

The Office of the United States Trade Representative (USTR) is providing notice of the country-by-country reallocations of the FY 05 in-quota quantity increase of the tariff-rate quotas for imported raw cane sugar.