Federal Register / Vol. 63, No. 101 /Wednesday, May 27, 1998 / Notices 29053

To receive a copy of any of the forms

or clearance packages, call the SSA

Reports Clearance Officer on (410) 965–

4125 or write to him at the address

listed above.

Dated: May 19, 1998.

Nicholas E. Tagliareni,

Reports Clearance Officer, Social Security

Administration.

[FR Doc. 98–13964 Filed 5–26–98; 8:45 am]

BILLING CODE 4190–29–P

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

[Docket No. 301–106]

Determination Under Section 304 of

the Trade Act of 1974: Practices of the

Government of India Regarding Patent

Protection for Pharmaceuticals and

Agricultural Chemicals

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice of determination,

termination and monitoring.

SUMMARY: The United States Trade

Representative (USTR) has determined

that certain acts, policies and practices

of India violate, or otherwise deny

benefits to which the United States is

entitled under, the Agreement on TradeRelated Aspects of Intellectual Property

Rights (TRIPS Agreement). This

determination is based on the report of

a dispute settlement panel convened

under the auspices of the World Trade

Organization (WTO) at the request of the

United States, and the report of the

WTO Appellate Body reviewing the

panel report. The Appellate Body report

and the panel report (as modified by the

Appellate Body report) were adopted by

the WTO Dispute Settlement Body

(DSB) on January 16, 1998 (‘‘the WTO

reports’’). On February 13, 1998, India

stated its intention to comply with its

WTO obligations with respect to this

matter and, on April 22, 1998, stated

that it would amend its law no later

than April 19, 1999. In light of he

foregoing, the USTR will not take action

under section 301 of the Trade Act of

1974 (’’the Trade Act’’) at this time and

has terminated this investigation.

However, the USTR will monitor India’s

implementation of the WTO reports,

and will take action under section

301(a) of the Trade Act if India does not

come into compliance.

EFFECTIVE DATE: May 8, 1998.

ADDRESSES: 600 17th Street, N.W.,

Washington, D.C. 20508.

FOR FURTHER INFORMATION CONTACT:

Claude Burcky, Director of Intellectual

Property (202) 395–6864; Geralyn S.

Ritter, Assistant General Counsel (202)

395–6800.

SUPPLEMENTARY INFORMATION: On July 2,

1996, the USTR initiated an

investigation under section 302(b) of the

Trade Act (19 U.S.C. 2412(b)) regarding

India’s provision of patent protection for

pharmaceutical and agricultural

chemical products, and requested

public comment on the issues raised in

the investigation and the determinations

to be made under section 304 of the

Trade Act. (61 FR 35857 of July 8, 1996).

This investigation specifically

concerned India’s failure to comply

with its obligations under Articles 70.8

and 70.9 of the TRIPS Agreement to

establish a ‘‘mailbox’’ mechanism for

filing product patent applications for

pharmaceuticals and agricultural

chemicals, and to provide a system of

exclusive marketing rights for these

products. As required under section

303(a) of the Trade Act, the United

States held consultations with India

under the procedures of the WTO

Understanding on Rules and Procedures

Governing the Settlement of Disputes

(DSU) on July 27, 1996. A dispute

settlement panel was established on

November 20, 1996.

Pursuant to Section 304(a)(1)(A) of the

Trade Act (19 U.S.C. 2414(a)(1)(A)), the

USTR must determine in this case

whether any act, policy or practice of

India violates, or otherwise denies

benefits to which the United States is

entitled under any trade agreement. If

that determination is affirmative, the

USTR must take action under section

301 of the Trade Act (19 U.S.C. 2411),

subject to the specific direction of the

President, if any. However, pursuant to

section 301(a)(2)(B), the USTR is not

required to take action under section

301 if the USTR finds, inter alia, that

the foreign country is taking satisfactory

measures to grant the rights of the

United States under the trade

agreement.

Reasons for Determinations

(1) India’s Acts, Policies and Practices

The WTO panel in this case released

its report on September 5, 1997, and

found that India had failed to comply

with its obligations under Articles 70.8

and 70.9 of the TRIPS Agreement. India

appealed all of the panel’s adverse

findings. On December 19, 1997, the

Appellate Body issued its report

confirming all the major panel findings

against India, and reversing the panel

report on a procedural issue regarding

the panel’s jurisdiction to consider

claims outside its terms of reference. On

January 16, 1998, the DSB adopted the

Appellate Body and the panel report (as

modified by the Appellate Body report).

The WTO reports include findings that

India has failed to comply with Article

70.8 of the TRIPS Agreement because it

has failed to establish a legally secure

mailbox system for filing patent

applications for pharmaceutical and

agricultural chemical products that

preserves the novelty and priority of

those applications. The WTO reports

also include findings that India was

obligated as of January 1, 1995, to have

established a system for granting

exclusive marketing rights for certain

products that are the subject of mailbox

application, and that India had failed to

establish such a system in violation of

Article 70.9 of the TRIPS Agreement.

Thus, based on the results of the WTO

dispute settlement proceedings, the

public comments received and

appropriate consultations, the USTR has

determined that certain acts, policies

and practices of India violate, or

otherwise deny benefits to which the

United States is entitled under, the

TRIPS Agreement.

(2) U.S. Action

At a meeting of the DSB on February

13, 1998, India stated its intention to

‘‘meet it obligations under the WTO

with respect to this matter’’ and ‘‘to

comply with the recommendations and

rulings of the DSB.’’ At the DSB meeting

on April 22, 1998, India committed to

amend its law to meet its TRIPS

obligations ‘‘as early as possible,’’ and

no later than April 19, 1999. In light of

India’s commitment to implement its

WTO obligations, pursuant to section

301(a)(2)(B)(i) of the Trade Act, the

USTR will not take action at this time

under section 301(a) of the Trade Act

and has terminated this investigation.

However, pursuant to section 306 of the

Trade Act, the USTR will monitor

India’s implementation of the WTO

reports and will take action under

section 301(a) of the Trade Act if India

does not come into compliance.

Irving A. Williamson,

Chairman, Section 301 Committee.

[FR Doc. 98–13977 Filed 5–26–98; 8:45 am]

BILLING CODE 3190–01–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Reports, Forms and Recordkeeping

Requirements; Agency Information

Collection Activity Under OMB Review

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.