Office of the United States Trade Representative 2012 – 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 (Trade Representative) 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 Trade Act requires the 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. In addition, the Office of the United States Trade Representative (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 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 an interagency team that reviews information from many sources, and that consults with and makes recommendations to the Trade Representative on issues arising under Special 301. Written submissions from interested persons are a key source of information for the Special 301 review process. In 2013, USTR again 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 deciding 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, wishing to testify at the public hearing must follow the procedures set out below for filing a notice of intent to testify. The deadlines for these procedures are set out below.

The Office of the United States Trade Representative (``USTR'') is providing notice that the United States has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''). That request may be found at www.wto.org contained in a document designated as WT/DS444/10. USTR invites written comments from the public concerning the issues raised in this dispute.

The Office of the United States Trade Representative (USTR) received no new petitions in September 2012 to review certain practices in a beneficiary developing country to determine whether such country is in compliance with the ATPA eligibility criteria. USTR received updates related to one matter that is currently under review. This notice specifies the status of the petitions filed in prior years that have remained under review.

The Industry Trade Advisory Committee on Small and Minority Business (ITAC-11) will hold a meeting on Tuesday, December 4, 2012, from 1:00 p.m. to 4:00 p.m. The meeting will be opened to the public from 2:30 p.m. to 4:00 p.m.

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 Reports on Sanitary and Phytosanitary and Technical Barriers to Trade. With this notice, the Trade Policy Staff Committee (TPSC) is requesting interested persons to submit comments to assist it in identifying significant sanitary and phytosanitary and standards-related barriers to U.S. exports of goods for inclusion in these two reports. These reports were published as the 2012 Report on Sanitary and Phytosanitary Measures (2012 SPS Report) and the 2012 Report on Technical Barriers to Trade (2012 TBT Report) respectively. The TPSC invites written comments from the public on issues that USTR should examine in preparing the SPS and TBT Reports.

USTR is providing notice that the tariff-rate quotas for sugar established by the United States-Panama Trade Promotion Agreement will be administered using certificates.

The Office of the United States Trade Representative (AUSTR@) is providing notice that on September 17, 2012, 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 certain measures that appear to provide subsidies such as grants, loans, forgone government revenue, the provision of goods and services, and other incentives contingent upon export performance to automobile and automobile-parts enterprises in China. These measures appear to be prohibited subsidies that are inconsistent with China's obligations under Article 3 of the Agreement on Subsidies and Countervailing Measures (``SCM Agreement''). In addition, it appears that China has failed to comply with its transparency obligations under the WTO Agreement. The consultation request may be found at www.wto.org contained in a document designated as WT/DS450/1. USTR invites written comments from the public concerning the issues raised in this dispute.

The Office of the United States Trade Representative (``USTR'') is providing notice that on September 17, 2012, the People's Republic of China (``China'') requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning Public Law 112-99, ``An act to apply the countervailing duty provisions of the Tariff Act of 1930 to nonmarket economy countries, and for other purposes'' (``Pub. L. 112-99''), and the countervailing and anti-dumping duty determinations and actions by the Department of Commerce, the U.S. International Trade Commission and the U.S. Customs and Border Protection on imports of the products from China listed below. That request may be found at www.wto.org contained in a document designated as WT/DS449/1. USTR invites written comments from the public concerning the issues raised in this dispute.

The Industry Trade Advisory Committee on Small and Minority Business (ITAC-11) will hold a meeting on Monday, October 15, 2012, from 9:30 a.m. to 4:00 p.m. The meeting will be opened to the public from 9:30 a.m. to 12:30 p.m.

The Office of the United States Trade Representative (AUSTR@) is providing notice that on August 20, 2012, the People's Republic of China (``China'') requested the establishment of a dispute settlement panel with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning countervailing duty determinations and orders by the Department of Commerce (``DOC'') on imports of the products from China listed below. The panel request may be found at www.wto.org contained in a document designated as WT/DS437/2. USTR invites written comments from the public concerning the issues raised in this dispute.

The interagency Trade Policy Staff Committee (TPSC) will convene a public hearing and seek public comment to assist the Office of the United States Trade Representative (USTR) in the preparation of its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO).

The Office of the United States Trade Representative (``USTR'') is providing notice that India has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning countervailing measures regarding certain hot-rolled carbon steel flat products from India. That request may be found at www.wto.org contained in a document designated as WT/DS436/3. USTR invites written comments from the public concerning the issues raised in this dispute.

This notice announces the 2012 Annual Review of the Andean Trade Preference Act (ATPA). Under this process, petitions may be filed calling for the limitation, withdrawal or suspension of ATPA or ATPDEA benefits by presenting evidence that the eligibility criteria of the program are not being met. USTR will publish a list of petitions filed in response to this announcement in the Federal Register.

This notice announces that the Office of the United States Trade Representative (USTR) is prepared to receive petitions to modify the list of products that are eligible for duty-free treatment under the GSP program and to modify the GSP status of certain GSP beneficiary developing countries because of country practices. USTR is also prepared to receive petitions requesting waivers of competitive need limitations (CNLs).

This notice announces the results of the 2011 Annual GSP Review with respect to: (1) Products considered for addition to the list of eligible products for GSP; (2) decisions related to competitive need limitations (CNLs), including petitions for waivers of CNLs and revocation of previous CNL waivers; (3) redesignations of products previously excluded from GSP eligibility for certain countries; and (4) petitions to modify the GSP status of certain GSP beneficiary countries because of country practices. This notice also announces the schedule for public comments and a public hearing for four country practice petitions newly accepted for review (regarding Fiji, Indonesia, Iraq, and Ukraine), the closure of the country practices review of Sri Lanka's worker rights practices, and the designation of Afghanistan as a member of the South Asian Association for Regional Cooperation (SAARC) for purposes of the GSP.

The Office of the United States Trade Representative (``USTR'') is providing notice that on May 11, 2012, the United States requested establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') with the Government of India (``India'') concerning measures imposed by India on the importation of various agricultural products from the United States, purportedly because of concerns related to avian influenza. That request may be found at www.wto.org contained in a document designated as WT/DS430/2. USTR invites written comments from the public concerning the issues raised in this dispute.

The Government of Bolivia has delivered to the United States a notice of termination for the bilateral investment treaty between the two countries, a termination that will take effect on June 10, 2012. As of June 10, 2012, the treaty will cease to have effect except that it will continue to apply for another 10 years to covered investments existing at the time of termination (June 10, 2012).

The Office of the United States Trade Representative (``USTR'') is providing notice that on April 24, 2012, India requested consultations with the United States under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning countervailing measures regarding certain hot-rolled carbon steel flat products from India. That request may be found at www.wto.org contained in a document designated as WT/DS436/1/Rev.1. USTR invites written comments from the public concerning the issues raised in this dispute.

USTR is providing notice that the tariff-rate quota for sugar established by the United States-Colombia Trade Promotion Agreement will be administered using certificates of quota eligibility.

Pursuant to section 533 of the Airport and Airway Improvement Act of 1982, as amended (49 U.S.C. 50104), the United States Trade Representative (USTR) has determined not to list any countries as denying fair market opportunities for U.S. products, suppliers, or bidders in foreign government-funded airport construction projects.

The Office of the United States Trade Representative (``USTR'') is providing notice that on March 13, 2012, in accordance with the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement''), the United States requested consultations regarding restraints on the export from China of various forms of rare earths, tungsten and molybdenum (the ``materials''). That request may be found at www.wto.org contained in a document designated as WT/DS431/ 1. USTR invites written comments from the public concerning the issues raised in this dispute.

The Office of the United States Trade Representative (``USTR'') is providing notice that on March 6, 2012, the United States requested consultations with the Government of India under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning antidumping measures prohibitions imposed by India on the importation of various agricultural products from the United States purportedly because of concerns related to Avian Influenza. That request may be found at www.wto.org contained in a document designated as WT/DS430/1. USTR invites written comments from the public concerning the issues raised in this dispute.

The Office of the United States Trade Representative (USTR) will accept public comments submitted by April 6, 2012, regarding: (1) Potential revocation of competitive need limitations (CNL) waivers; (2) possible de minimis CNL waivers; and (3) possible redesignations of articles currently not eligible for GSP benefits because they previously exceeded the CNL thresholds. Full 2011 calendar year import statistics relating to CNLs under the Generalized System of Preferences (GSP) program are now available.

This notice solicits proposals on appropriate changes that USTR should consider for modifying the CAFTA-DR's rules of origin under Article 4.14 of the Agreement.