USTR Seeks Comments on Identifying Countries Under "Special 301"
The Office of the U.S. Trade Representative (USTR) has issued a notice requesting comments by 10 a.m. on February 12, 2007 regarding whether any foreign countries should be identified under Section 182 of the Trade Act of 1974 (Trade Act) (19 USC 2242), which is commonly referred to as the "Special 301" provisions of the Trade Act.
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Pursuant to Section 182 of the Trade Act, the USTR states that it must identify those countries that deny adequate and effective protection for intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. Those countries that have the most onerous or egregious acts, policies, or practices and whose acts, policies, or practices have the greatest adverse impact (actual or potential) on relevant U.S. products are to be identified as Priority Foreign Countries. According to the USTR, acts, policies, or practices that are the basis of a country's designation as a Priority Foreign Country are normally the subject of an investigation under the Section 301 provisions of the Trade Act.
The USTR notes that it may not identify a country as a Priority Foreign Country if it is entering into good faith negotiations, or making significant progress in bilateral or multilateral negotiations, to provide adequate and effective protection of intellectual property rights.
The USTR also states that under Section 182, it is obligated to identify any act, policy, or practice of Canada that affects U.S. cultural industries, is adopted or expanded after December 17, 1992, and is actionable under Article 2106 of the North American Free Trade Agreement (NAFTA).
- USTR identifications due no later than April 30, 2007
- comments due by 10 a.m. on Monday, February 12, 2007
USTR notice (FR Pub 01/09/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-108.pdf.