Office of the United States Trade Representative 2014 – 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 the Special 301 Subcommittee of the Trade Policy Staff Committee (Subcommittee). The Subcommittee reviews information from many sources, and 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 2015, USTR again will conduct a public hearing as part of the review process as well as offer the opportunity, as described below, for 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 is hereby requesting written submissions from the public concerning foreign 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. USTR requests that interested parties provide the information described below in the ``Public Comments'' section, and identify whether a particular trading partner should be named as a Priority Foreign Country under Section 182 of the Trade Act or placed on the Priority Watch List or Watch List. Foreign governments that have been identified in previous Special 301 Reports or that are nominated for review in 2015 are considered interested parties, and are invited to respond to this request for public submissions. Interested parties, including foreign governments, wishing to submit information to be considered during the review or testify at the public hearing must adhere to the procedures and deadlines set forth below. Dates/Deadlines: The schedule and deadlines for the 2015 Special 301 review are as follows: Friday, February 6, 2015Deadline for interested parties, except foreign governments, to submit written comments, notice of intent to testify at the Special 301 Public Hearing, and hearing statements. Friday, February 13, 2015Deadline for foreign governments to submit written comments, notice of intent to testify at the Special 301 Public Hearing, and, although not mandatory, any prepared hearing statements. Tuesday, February 24, 2015Public HearingThe Special 301 Subcommittee will hold a Public Hearing for interested parties, including representatives of foreign governments, at the offices of the International Trade Commission, 500 E Street SW., Washington, DC. No later than Friday, February 20, 2015, USTR will confirm the date and location of the hearing and provide the schedule at www.ustr.gov. Friday, February 27, 2015_Deadline for submitting post-hearing written comments. Interested parties may provide written comments after the hearing. To ensure consideration, comments must be received no later than Friday, February 27, 2015. Please submit additional written comments electronically via www.regulations.gov, docket number USTR- 2014-0025. On or about April 30, 2015USTR will publish the 2015 Special 301 Report within 30 days of the publication of the National Trade Estimate (NTE) Report. Procedures/Addresses: All written comments, notices of intent to testify at the public hearing, hearing statements and post-hearing written responses must be in English and submitted electronically via www.regulations.gov, docket number USTR-2014-0025. Please specify ``2015 Special 301 Review'' in the ``Type Comment'' field.

On January 15, 2013, the Office of the United States Trade Representative (USTR) notified Congress of the Administration's intention to enter into negotiations for a Trade in Services Agreement (TISA) with an initial group of 20 trading partners. The January 15 notification states that the group negotiating TISA ``will expand as negotiations progress to include others who share our ambitious goals.'' On November 3, 2014, USTR notified Congress of the Administration's intention to join a consensus reached among the TISA negotiating participants to accept Uruguay into the negotiations. Through this notice, USTR seeks public comments regarding particular priorities with respect to the participation of Uruguay in the negotiations. Comments may be provided in writing.

The United States Trade Representative (USTR) has determined that Guinea and Madagascar have each adopted effective visa systems and related procedures to prevent unlawful transshipment of textile and apparel articles and the use of counterfeit documents in connection with the shipment of such articles and has implemented and follows, or is making substantial progress toward implementing and following, the customs procedures required by the African Growth and Opportunity Act (AGOA). Therefore, as specified in this notice, imports of eligible products from Guinea and Madagascar qualify for the textile and apparel benefits provided for under AGOA.

The Industry Trade Advisory Committee on Small and Minority Business (ITAC-11) will hold a meeting on Monday, December 8, 2014. The meeting will be open to the public from 1:00 p.m. to 3:30 p.m.

Pursuant to section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3106) (`Section 1377'), the Office of the United States Trade Representative (``USTR'') is reviewing and requests comments on the operation, effectiveness, and implementation of, and compliance with the following agreements regarding telecommunications products and services of the United States: The World Trade Organization (``WTO'') General Agreement on Trade in Services; The North American Free Trade Agreement (``NAFTA''); U.S. free trade agreements (``FTAs'') with Australia, Bahrain, Chile, Colombia, Korea, Morocco, Oman, Panama, Peru, and Singapore; the Dominican Republic-Central America-United States Free Trade Agreement (``CAFTA-DR''); and any other telecommunications trade agreements, such as Mutual Recognition Agreements (MRAs) for Conformity Assessment of Telecommunications Equipment. The USTR will conclude the review by March 31, 2015.

In the 2014 Special 301 Report, the Office of the United States Trade Representative (USTR) announced that, in order to assess progress on engagement with the Government of India on intellectual property rights (IPR) issues, an Out-of-Cycle Review (OCR) would be conducted for India. USTR requests written submissions from the public concerning information, views, acts, policies, or practices relevant to evaluating the Government of India's engagement on IPR issues of concern, in particular those identified in the 2014 Special 301 Report. The 2014 Special 301 Report is available at www.ustr.gov. Deadlines: Friday, October 31, 2014Deadline for the public, except foreign governments, to submit written comments. Friday, November 7, 2014Deadline for foreign governments to submit written comments.

The Office of the United States Trade Representative (USTR) requests written comments from the public identifying Internet and physical markets based outside the United States that should be included in the 2014 Notorious Markets List. In 2010, USTR began publishing the Notorious Markets List separately from the annual Special 301 Report as an ``Out-of-Cycle Review.'' The Notorious Markets List (List) identifies online and physical marketplaces that reportedly engage in and facilitate substantial copyright piracy and trademark counterfeiting.

This notice amends the Trade Advisory Committee on Africa (TACA)Charter Renewal and Nominations for Membership Notice of March 18, 2014 (79 FR 15201) to revise the membership eligibility criteria pursuant to the Revised Guidance on the Appointment of Lobbyists to Federal Advisory Committees, Boards and Commissions, published by the Office of Management and Budget (OMB) on August 13, 2014. Federally- registered lobbyists are no longer prohibited from serving on the TACA in a representative capacity in light of OMB's recent policy clarification that the eligibility restriction does not apply to advisory committee members who are specifically appointed to represent the interests of a nongovernmental entity, a recognizable group of persons or nongovernmental entities (an industry sector, labor unions, environmental groups, etc.), or state or local governments. The lobbyist prohibition continues to apply to persons serving on advisory committees in their individual capacity. The United States Trade Representative now will consider nominations of federally-registered lobbyists for appointment to the TACA as members who serve in a representative capacity. All other eligibility criteria continue to apply.

This notice amends the Intergovernmental Policy Advisory Committee on Trade (IGPAC)Charter Reestablishment and Request for Nominations Notice of April 1, 2014 (79 FR 18382) to revise the membership eligibility criteria pursuant to the Revised Guidance on the Appointment of Lobbyists to Federal Advisory Committees, Boards and Commissions, published by the Office of Management and Budget (OMB) on August 13, 2014. Federally-registered lobbyists are no longer prohibited from serving on the IGPAC in a representative capacity in light of OMB's recent policy clarification that the eligibility restriction does not apply to advisory committee members who are specifically appointed to represent the interests of a nongovernmental entity, a recognizable group of persons or nongovernmental entities (an industry sector, labor unions, environmental groups, etc.), or state or local governments. The lobbyist prohibition continues to apply to persons serving on advisory committees in their individual capacity. The United States Trade Representative now will consider nominations of federally- registered lobbyists for appointment to the IGPAC as members who serve in a representative capacity. All other eligibility criteria continue to apply.

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. The TPSC invites written comments from the public on issues that USTR should examine in preparing the NTE. In recent years in conjunction with the NTE report, USTR has released two additional reports dealing with specific trade barriers one on sanitary and phytosanitary measures and one on standards-related measures. In 2015, USTR will continue to emphasize these two important areas, but is inviting comments on those barriers through this notice.

Chapter Fourteen of the North American Free Trade Agreement (``NAFTA'') provides for the establishment of a roster of individuals who would be willing and able to serve as panelists in dispute settlement proceedings arising under Chapter Fourteen (Financial Services) of the NAFTA. Individuals are appointed for a term of three years. Applications are invited from eligible individuals wishing to be included on the roster.

The Office of the United States Trade Representative (USTR), through the Trade Policy Staff Committee (TPSC), is initiating an environmental review of the Transatlantic Trade and Investment Partnership agreement (T-TIP), a free trade agreement under negotiation between the United States and the European Union. The TPSC invites written comments from the public on the topics that should be included in the scope of the environmental review, including potential positive or negative environmental effects that might result from the trade agreement and potential implications for U.S. environmental laws and regulations. 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: Environmental Review of Trade Agreement and its implementing guidelines. Persons submitting written comments should provide as much detail as possible on the manner and degree to which the subject matter they propose for inclusion in the review may raise significant environmental issues that should be considered in the context of the negotiations. Public comments on environmental issues submitted in response to a notice published in the Federal Register on April 1, 2013, requesting comments from the public regarding the T-TIP will be taken into account in preparing the environmental review and do not need to be resubmitted.

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 the People's Republic of China (``China'') 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/DS471/5. USTR invites written comments from the public concerning the issues raised in this dispute.

On March 21, 2014, the United States Trade Representative notified Congress of the Administration's intention to enter into negotiations for a World Trade Organization Environmental Goods Agreement. A copy of the notification is available at www.ustr.gov/ sites/default/files/03212014-Letter-to-Congress.pdf. The Office of the U.S. Trade Representative, on behalf of the Trade Policy Staff Committee (TPSC), is seeking public comments regarding U.S. interests and priorities with respect to this initiative. Comments may be provided in writing and orally at a public hearing.

For the purpose of U.S. Government procurement that is covered by Title III of the Trade Agreements Act of 1979, the effective date of the Protocol Amending the Agreement on Government Procurement, done at Geneva on 30 March 2012, World Trade Organization (WTO), is April 6, 2014, for the following Parties to the 1994 WTO Agreement on Government Procurement: Canada, Chinese Taipei, Hong Kong, Israel, Lichtenstein, Norway, European Union, Iceland, and Singapore.

The Office of the United States Trade Representative (``USTR'') is providing notice that on February 13, 2014, the United States requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization with the People's Republic of China (``China'') concerning China's continuing imposition of anti-dumping and countervailing duties on grain oriented flat-rolled electrical steel from the United States. That request may be found at www.wto.org in a document designated as WT/DS414/16. USTR invites written comments from the public concerning the issues raised in this dispute.

The Office of the United States Trade Representative (``USTR'') is, pursuant to Section 135 of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) and the Federal Advisory Committee Act (5 U.S.C. App. 1), establishing the Public Interest Trade Advisory Committee (``the Committee'') to provide policy advice on issues involving trade and from the perspective of those concerned with public interest issues. USTR seeks comments on the Committee's objectives and the scope of its activities. USTR is also seeking nominations for membership on the Committee.

In the 2013 Special 301 Report (www.ustr.gov), the Office of the United States Trade Representative (USTR) announced that, in order to monitor progress on specific intellectual property rights (IPR) issues, an Out-of-Cycle Review (OCR) would be conducted for El Salvador and Spain. USTR requests written submissions from the public concerning any act, policy, or practice that is relevant to the decision regarding whether Spain should be identified under Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242).

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 the Special 301 Subcommittee of the Trade Policy Staff Committee (Subcommittee). The Subcommittee reviews information from many sources, and 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 2014, USTR again will conduct a public hearing as part of the review process as well as offer the opportunity, as described below, for 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 is hereby requesting written submissions from the public concerning foreign 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. USTR requests that interested parties provide the information described below in the ``Public Comments'' section, and identify whether a particular trading partner should be named as a Priority Foreign Country under Section 182 of the Trade Act or placed on the Priority Watch List or Watch List. Foreign governments that have been identified in previous Special 301 Reports or that are nominated for review in 2014 are considered interested parties, and are invited to respond to this request for public submissions. Interested parties, including foreign governments, wishing to submit information to be considered during the review or testify at the public hearing must adhere to the procedures and deadlines set forth below. Dates/Deadlines: The schedule and deadlines for the 2014 Special 301 review are as follows: Friday, February 7, 2014Deadline for interested parties, except foreign governments, to submit written comments, notice of intent to testify at the Special 301 Public Hearing, and hearing statements. Friday, February 14, 2014Deadline for foreign governments to submit written comments, notice of intent to testify at the Special 301 Public Hearing, and, although not mandatory, any prepared hearing statements. Monday, February 24, 2014Public HearingThe Special 301 Subcommittee will hold a Public Hearing for interested parties, including representatives of foreign governments, at the offices of USTR, 1724 F Street NW., Washington, DC 20508. No later than Wednesday, February 19, 2014, USTR will confirm the date and location of the hearing and provide the schedule at https://www.ustr.gov. Friday, March 7, 2014Deadline for submitting post-hearing written comments. Interested parties may provide written comments after the hearing. To ensure consideration, comments must be received no later than Friday, March 7, 2014. Please submit additional written comments electronically via https://www.regulations.gov, docket number USTR-2013- 0040. On or about April 30, 2014USTR will publish the 2014 Special 301 Report within 30 days of the publication of the National Trade Estimate (NTE) Report. Procedures/Addresses: All written comments, notices of intent to testify at the public hearing, hearing statements and post-hearing written responses must be in English and submitted electronically via https://www.regulations.gov, docket number USTR-2013-0040. Please specify ``2014 Special 301 Review'' in the ``Type Comment'' field on https://www.regulations.gov.