Office of the United States Trade Representative December 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.