Office of the United States Trade Representative – 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.

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, 2014.

The United States Trade Representative (Trade Representative) has determined to extend for three months the ongoing Section 301 investigation of certain acts, policies, and practices of the Government of Ukraine with respect to intellectual property rights.

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 (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 USTR is required to determine which, if any, of these countries should be identified as Priority Foreign Countries. In addition, USTR has created a ``Priority Watch List'' and ``Watch List'' under 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 relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas. In the 2013 Special 301 Report (www.ustr.gov), USTR announced that, in order to monitor progress on specific IPR issues, Out-of-Cycle Reviews would be conducted for El Salvador and Spain. At this time, USTR requests written submissions from the public concerning any act, policy, or practice that is relevant to the decision regarding whether El Salvador should be identified under Section 182 of the Trade Act. Requests for written submissions relating to the review of Spain will be made in a separate notice at a later date.

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) will be publishing in 2014 a Report on Technical Barriers to Trade (TBT Report) identifying and analyzing significant standards- related barriers to U.S. exports. With this notice, the Trade Policy Staff Committee (TPSC) is requesting interested persons to submit written comments to assist it in identifying significant standards- related barriers to U.S. exports of goods for inclusion in the report.

The African Growth and Opportunity Act Implementation Subcommittee of the Trade Policy Staff Committee (``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 calendar year 2014 for the President. Comments received related to the child labor criteria may also be considered by the Secretary of Labor in 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 were ineligible for such benefits in 2013.

The Office of the United States Trade Representative published a request for comments in the 2013 Special 301 Out-of-Cycle Review of Notorious Markets in the Federal Register of September 20, 2013. That notice provided a deadline for comments of October 11, 2013. This notice extends that deadline to October 25, 2013.

The Office of the United States Trade Representative (USTR) is hereby requesting written submissions from the public identifying potential Internet and physical notorious markets that exist outside the United States and that may be included in the 2013 Notorious Markets List. In 2010, USTR began publishing the notorious market list as an ``Out-of-Cycle Review'' separately from the annual Special 301 report. This review of notorious markets (``Notorious Markets List'') results in the publication of examples of Internet and physical markets that have been the subject of enforcement action or that may merit further investigation for possible intellectual property infringements.

On January 15, 2013, the United States Trade Representative 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. This expansion will help further U.S. objectives for this agreement rather than change them.'' The TISA negotiating countries agree that two additional trading partners, Paraguay and Liechtenstein, are willing and able to meet the high standards envisioned for the agreement. The negotiating countries have formed a consensus to allow these new participants to join the negotiations. The Office of the United States Trade Representative (USTR) is seeking public comments regarding particular priorities with respect to the participation of these two countries in the negotiations.

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 2014, USTR expects to once again release in conjunction with the NTE report two reports dealing with additional trade barriersone on SPS measures and one on standards-related measures. USTR will invite written comments from the public on issues that should be examined in preparing those two reports through publication of a separate Notice in the Federal Register that will be forthcoming. Information regarding such measures should NOT be submitted in response to this Notice.

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).

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 2012 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.

The Office of the United States Trade Representative (``USTR'') is providing notice that the United States has requested and obtained 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/DS455/7. USTR invites written comments from the public concerning the issues raised in this dispute.

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.

On March 20, 2013, the United States Trade Representative (USTR) notified Congress of the Administration's intention to enter into negotiations for a Transatlantic Trade and Investment Partnership (TTIP) agreement with the European Union (EU) aimed at achieving a substantial increase in transatlantic trade and investment. Before initiating such negotiations, the Trade Act of 1974 requires that, with respect to any proposed trade agreement, any interested persons be afforded an opportunity to present his or her view regarding any matters related to the proposed trade agreement. Accordingly, USTR is seeking public comments on the proposed TTIP, including regarding U.S. interests and priorities, in order to develop U.S. negotiating positions. Comments may be provided in writing and orally at a public hearing.

The Office of the United States Trade Representative (``USTR'') is providing notice that the Socialist Republic of Vietnam (``Vietnam'') 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/DS429/3. USTR invites written comments from the public concerning the issues raised in this dispute.

This notice solicits proposals seeking accelerated tariff elimination under the USCTPA as well as proposals on appropriate changes that USTR should consider for modifying the USCTPA's rules of origin under Article 4.14 of the Agreement. This notice also describes the procedures for filing proposals.

The Office of the United States Trade Representative (AUSTR@) is providing notice that Argentina has requested the establishment of a dispute settlement panel under the Marrakesh Agreement Establishing the World Trade Organization (AWTO Agreement@). That request may be found at www.wto.org contained in a document designated as WT/DS447/2. 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 January 10, 2013, the United States requested consultations with the Government of the Republic of Indonesia (``Indonesia'') under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning certain measures imposed by Indonesia on the importation of horticultural products, animals and animal products. That request may be found at www.wto.org, contained in a document designated as WT/DS455/1. USTR invites written comments from the public concerning the issues raised in this dispute.

The Office of the United States Trade Representative published a document in the Federal Register of December 17, 2012 concerning the determination of the trade surplus in certain sugar and syrup goods and sugar containing products of Determination of Trade Surplus in Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama. The document contained an error.

This notice announces (1) the disposition of a petition on certain pinch-seal plastic bags, accepted in the 2011 GSP Annual Product Review, and (2) those petitions submitted in connection with the 2012 GSP Annual Product Review which have been accepted for further review. This notice also sets forth the schedule for submitting comments and for public hearings associated with the 2012 review of petitions and products.

In accordance with relevant provisions of the Harmonized Tariff Schedule of the United States (HTS), the Office of the United States Trade Representative (USTR) is providing notice of its determination of the trade surplus in certain sugar and syrup goods and sugar-containing products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama. As described below, the level of a country's trade surplus in these goods relates to the quantity of sugar and syrup goods and sugar-containing products for which the United States grants preferential tariff treatment under (i) the United States-Chile Free Trade Agreement (Chile FTA); (ii) the United States-Morocco Free Trade Agreement (Morocco FTA); (iii) the Dominican Republic-Central America- United States Free Trade Agreement (CAFTA-DR); (iv) the United States- Peru Trade Promotion Agreement (Peru TPA); (v) the United States- Colombia Trade Promotion Agreement (Colombia TPA), and (vi) the United States-Panama Trade Promotion Agreement (Panama TPA).

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, 2013.