The Office of the U.S. Trade Representative Executive announced the country-specific in-quota allocations under the tariff-rate quotas on imported raw cane sugar, refined and specialty sugar and sugar-containing products for Fiscal Year 2013 (Oct. 1, 2012 through Sept. 30, 2013). Tariff-rate quotas allow countries to export specified quantities of a product to the U.S. at a relatively low tariff, but subject all imports of the product above a pre-determined threshold to a higher tariff.

LEESBURG, Va. -- Negotiators from 10 countries heard both sides of the intellectual property rights story, at a Sunday stakeholder engagement event hosted by the Office of U.S. Trade Representative. The event was designed to give stakeholders a chance to interact with the representatives of countries that are working on the Trans-Pacific Partnership Agreement.

The Office of the U.S. Trade Representative is seeking comments on its Aug. 21 request for a World Trade Organization dispute settlement proceeding with the government of Argentina regarding certain measures imposed by Argentina on importation of goods, it said in a Federal Register notice scheduled for Sept. 4. The U.S. intends to raise several issues. One is that Argentina subjects the importation of all goods to approval of a non-automatic import license, and importation of certain goods to other product-specific non-automatic import licenses. Issuance and approval are systematically delayed or denied by Argentine authorities on non-transparent grounds, it said. In addition, Argentina often requires imports to undertake certain commitments, including to limit imports; balance imports with exports; make or increase investments in production facilities in Argentina; increase the local content of products made in-country, refrain from transferring revenue or other funds abroad; and/or to control the price of imported goods. These measures appear to be inconsistent with the General Agreement on Tariffs and Trade, Import Licensing Agreement, Agreement on Trade-Related Investment Measures, and Agreement on Safeguards, the USTR said.

The Office of the U.S. Trade Representative is seeking comments and scheduled a public hearing about China's compliance with its WTO commitments, it said in a Federal Register notice scheduled for Aug. 20. The interagency Trade Policy Staff Committee (TPSC) plans to use the public hearing and public comment to assist in the preparation of its annual report to the Congress on China's compliance with the WTO commitments. Persons wishing to testify at the hearing must notify the committee and supply a copy of their testimony by Sept. 19, and written comments are due Sept. 24. The hearing will be in Washington, D.C., Oct. 3, it said.

The recently leaked Trans-Pacific Partnership provisions do "disappointingly little to protect users' rights," wrote Public Knowledge Director-Global Knowledge Rashmi Rangnath in a blog post. Rangnath criticized the leaked provisions, which provide a glimpse into the ways the U.S. Trade Representative has attempted to negotiate the free trade agreement with eight other countries. Specifically, Rangnath took issue with the provisions' "three-step test," which would determine which unlicensed uses of copyrighted material would be legal. According to the post, "one of the standard iterations of the test" designates exceptions to copyrights as "[1] certain special cases that [2] do not conflict with a normal exploitation of the work, performance, or phonogram and [3] do not unreasonably prejudice the legitimate interests of the rights holder." This test on its own leaves too much room for interpretation, Rangnath said: "The controversy over how to interpret the three-step test means that many countries may hesitate to protect users' rights in their copyright laws, out of a fear that the provisions they adopt will be assailed as violating their international obligations. ... Given this environment, provisions in international agreements like the TPP need to spell out in more detail what copyright limitations and exceptions should look like." While Rangnath commended the provisions for "enumerating purposes such as criticism, commentary, news reporting, research, and scholarship," she encouraged USTR to include provisions that would "promote uses of works by people with disabilities," such as translating reading material into Braille, and "promote educational uses of works including by transmission over wired or wireless networks." Concepts like these, Rangnath said, can be found in the Trans-Pacific Strategic Economic Partnership Agreement of 2005, which, she said, "is technically the predecessor to the TPP. ... However, it is unclear whether those provisions will still be valid and applicable if the TPP comes to force." A USTR spokeswoman declined to comment on the leaked provisions. Regarding the release of the official draft, the spokeswoman told us the "full draft of the negotiated TPP text will be made public at the completion of negotiations, so that Congress and the public can have ample time to review and discuss before Congress acts on any legislation to implement the TPP agreement."

The Office of the U.S. Trade Representative said India has requested the establishment of a World Trade Organization dispute settlement panel about countervailing measures for certain hot-rolled carbon steel flat products from India, it said in an Aug. 16 Federal Register notice. USTR invites written comments from the public concerning the issues raised in the dispute by Sept. 28 to www.regulations.gov, docket number USTR-2012-0008. India's request is at www.wto.org in a document designated WT/DS436/3. Further information: Shane Warren, 202-395-3150.

The Office of the U.S. Trade Representative is changing the hearing date and related deadlines for the Country Practice Petitions Accepted as Part of the 2011 Annual Generalized System of Preferences Review, it said in a Federal Register notice scheduled for Aug. 16. The new dates are:

The Office of the U.S. Trade Representative is seeking input for its annual National Trade Estimate Report on Foreign Trade Barriers (NTE). It wants help identifying significant barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the NTE, it said in a Federal Register notice scheduled for Aug. 15. In 2013, USTR will once again release in conjunction with the NTE report two reports dealing with additional trade barriers -- one 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 a separate notice in the Federal Register that will be forthcoming, it said. Comments are due by Oct. 15, via www.regulations.gov, docket number USTR-2012-0021. Further information: Donald Eiss, 202-395-3475.

The Office of the U.S. Trade Representative on its "Out of Cycle Review" of the notorious market list, it said in a Federal Register notice. The review 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, it said. The Notorious Markets List does not represent a finding of violation of law, but is a summary of information that highlights the problem of marketplaces that deal in infringing goods and which help sustain global piracy and counterfeiting, USTR said. It said potentially helpful information could include: location; principal owners/operators; types of products sold or made available; information on the volume of Internet traffic associated with a website (such as a recent Alexa ranking); any known civil or criminal enforcement activity against the market; and other efforts to remove/limit infringing materials (e.g., a website's responsiveness to requests to remove or disable access to allegedly infringing material. Comments and potential examples of Internet and physical "notorious markets" are due Sept. 14 via http://www.regulations.gov, docket number USTR-2012-0011. Further information: Paula Karol Pinha, 202-395-5419, or at http://www.ustr.gov.

The Office of the U.S. Trade Representative is seeking petitions and comments to use in preparing the 2012 Annual Review of the Andean Trade Preference Act (ATPA), it said in a Federal Register notice. Petitions may be filed calling for the limitation, withdrawal or suspension of ATPA or ATPDEA benefits by presenting evidence that the eligibility criteria of the program are not being met, it said. The deadline for submissions is Sept. 17, to www.regulations.gov, docket number USTR-2012-0019.