Office of the United States Trade Representative January 2014 – Federal Register Recent Federal Regulation Documents

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.