Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 / Notices 35633

the symbol ‘‘A*’’ and inserting an ‘‘A’’ in lieu

thereof.

[FR Doc. 98–17388 Filed 6–25–98; 3:23 pm]

BILLING CODE 3190–01–M

OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

[Docket No. 301–116]

Termination of Action: Protection of

Intellectual Property Rights by the

Government of Honduras

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice of termination of action

and monitoring and request for public

comments.

SUMMARY: On March 16, 1998, the USTR

determined that the failure by the

Government of Honduras to provide

adequate and effective protection of

intellectual property rights was

unreasonable and burdened or restricted

United States commerce and that the

appropriate action was to suspend

preferential treatment accorded under

the Generalized System of Preferences

(GSP) and Caribbean Basin Initiative

(CBI) programs to certain products of

Honduras, including certain cucumbers,

watermelons, and cigars. In view of the

Government of Honduras’ measures to

combat piracy and to protect intellectual

property rights of the United States, the

USTR has terminated that action taken

under Section 301(b) of the Trade Act of

1974 (‘‘Trade Act’’). USTR will monitor

Honduras’ compliance in protecting the

intellectual property rights of the United

States pursuant to Section 306 of the

Trade Act.

ADDRESSES: Office of the United States

Trade Representative, 600 17th Street,

NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT:

Mary Barnicle, Office of the Western

Hemisphere, (202) 396–5190 or William

Busis, Office of the General Counsel,

(202) 395–3150, Office of the United

States Trade Representatives.

SUPPLEMENTARY INFORMATION: In 1992,

the Motion Picture Association filed a

petition under the Generalized System

of Preferences program asking that tariff

preference benefits to Honduras under

the GSP and CBI programs be

withdrawn due to widespread, blatant

copyright piracy. In May 1997, the

Trade Policy Staff Committee (TPSC)

recommended that GSP and CBI benefits

be suspended unless the Government of

Honduras improved its intellectual

property rights enforcement within four

months. On October 31, 1997, in order

to implement the TPSC

recommendation, the USTR initiated an

investigation under Section 302(b) of

the Trade Act (19 U.S.C. 2412(b)) with

respect to certain acts and policies of

the Government of Honduras

concerning its protection of intellectual

property rights, including the failure to

provide adequate and effective

copyright protection and enforcement of

rights of copyright owners, resulting in,

for example, the wise-spread

unauthorized broadcasting in Honduras

of pirated videos and the rebroadcasting

of U.S. satellite-carried television

programming. See 62 FR 60299 of

November 7, 1997. The USTR proposed

to determine that the practices under

investigation were actionable under

Section 301 of the Trade Act and that

the appropriate response would be a

partial suspension of tariff preferences

for certain Honduran imports.

After the initiation of the

investigation, the United States

consulted repeatedly with the

Government of Honduras regarding the

matters under investigation. However,

while the Honduran government

established a television regulatory

authority and initiated criminal actions

against two stations engaged in

broadcast piracy, blatant broadcast

piracy continued and U.S. copyrightbased industries continued to suffer

harm. On March 16, 1998, the USTR

determined pursuant to sections

301(b)(1) and 304(a)(1)(A)(ii) of the

Trade Act that the Government of

Honduras failed to provide adequate

and effective protection of intellectual

property rights and the acts, policies or

practices of Honduras under

investigation were unreasonable and

burdened or restricted U.S. commerce.

The USTR further determined pursuant

to sections 304(a)(1)(B), 301(b)(2), and

301(c)(1)(C) of the Trade Act that the

appropriate and feasible action was to

suspend the duty-free GSP and CBI

treatment accorded to certain products

of Honduras, including certain

cucumbers, watermelons, and cigars.

See 63 FR 16608 of April 3, 1998.

Following the USTR determinations

as to the actionability and specific

action to be taken, the Government of

Honduras has taken a number of steps

to stop broadcast piracy. It temporarily

shut down two television stations and

imposed and collected fines from the

stations in an effort to provide adequate

copyright protection. The Government

of Honduras has also made a written

promise to impose higher fines and to

temporarily shut down the television

stations again for a longer period if

piracy resumes. Section 307(a)(1)(C) of

the Trade Act authorizes the USTR to

terminate any action, subject to the

specific direction, if any, of the

President, if such action is being taken

under Section 301(b) and is no longer

appropriate. In light of the foregoing, the

USTR has determined that the existing

Section 301(b) action should be

terminated and, as specified in the

annex to this notice, the suspended GSP

and CBI benefits should be restored.

Restoration of benefits will be effective

with regard to articles entered, or

withdrawn from warehouse for

consumption, on or after the date of

publication of this notice. The USTR

has also decided to terminate the GSP

review initiated in 1993.

Section 604 of the Trade Act, as

amended (19 U.S.C. 2463), authorizes

the President to modify the Harmonized

Tariff Schedule of the United States

(HTS) to reflect laws, and actions

thereunder, affecting the treatment of

imports. In Proclamation 6969 of Jan.

27, 1997 (62 FR 4415 of Jan. 29, 1997),

the President delegated to USTR the

authority under Section 604 to embody

rectifications, technical or conforming

changes, or similar modifications in the

HTS.

The notice that suspended GSP and

CBI benefits for certain imports from

Honduras renumbered HTS general note

7(d)(iv)—which embodied in the HTS

Section 213(d) of the CBERA, as

amended (19 U.S.C. 2703(d))—as HTS

general note 7(g). See 63 FR 16608 of

April 3, 1998. Pursuant to the authority

delegated by the President to USTR in

Proclamation 6969, the annex to this

notice makes a technical correction to

HTS general note 7(g) in order to make

the provision a complete sentence.

Prior to terminating this 301 action,

the USTR consulted with the domestic

industry concerned regarding the

modification and termination of the

existing action. An opportunity for

public comment prior to this action was

not possible in view of the need for

expeditious action. Immediate

termination of the Section 301 action

was required to ensure full and prompt

implementation of measures taken by

the Government of Honduras to prevent

resumption of piracy.

Interested members of the public are

now invited to submit comments to

USTR regarding this action. USTR will

review these comments upon receipt.

Public Comments

Comments must be filed in

accordance with the requirements set

forth in 15 CFR 2006.8(b) (55 FR 20593)

and must be filed on or before noon on

July 31, 1998. Comments must be in

English and provided in twenty copies

to: Sybia Harrison, Staff Assistant to the

Section 301 Committee, Room 223,
35634 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 / Notices

Office of the U.S. Trade Representative,

600 17th Street, NW, Washington, DC

20508.

Comments will be placed in a file

(Docket 301–116) open to public

inspection pursuant to 15 CFR 2006.13,

except confidential business

information exempt from public

inspection in accordance with 15 CFR

2006.15. Confidential business

information submitted in accordance

with 15 CFR 2006.15 must be clearly

marked ‘‘BUSINESS CONFIDENTIAL’’

in a contrasting color ink at the top of

each page on each of 20 copies, and

must be accompanied by a

nonconfidential summary of the

confidential information. The

nonconfidential summary shall be

placed in the file that is open to public

inspection. Copies of the public version

of the petition and other relevant

documents are available for public

inspection in the USTR Reading Room.

An appointment to review the docket

(Docket No. 301–116) may be made by

calling Brenda Webb (202) 395–6186.

The USTR Reading Room is open to the

public from 9:30 a.m. to 12 noon and

1:00 p.m. to 4:00 p.m., Monday through

Friday, and is located in Room 101.

Susan G. Esserman,

Acting United States Trade Representative.

Annex

The Harmonized Tariff Schedule of

the United States (‘‘HTS’’) is modified

as set forth below with respect to

articles entered, or withdrawn from

warehouse for consumption, on or after

the effective specified for the

enumerated actions:

1. With respect to articles both: (i)

imported on or after January 1, 1976,

and (ii) entered, or withdrawn from

warehouse for consumption, or on after

June 30, 1998:

(a). General note 4(d) of the HTS is

modified by deleting the following

subheadings and the country set out

opposite them: 0707.020 Honduras;

0707.00 Honduras; 0807.11.30

Honduras.

(b). For the following subheadings,

the Rates of Duty 1—Special subcolumn

is modified by deleting the symbol ‘‘A*’’

and inserting an ‘‘A’’ in lieu thereof:

0707.20; 0707.00; 0807.11.30.

2. With respect to articles entered, or

withdrawn from warehouse for

consumption, on or after June 30, 1998.

(a). General note 7(d) of the HTS is

modified by:

(i). in subdivision (ii) deleting ‘‘of the

CBERA;’’ and inserting ‘‘of the CBERA;

or’’ in lieu thereof;

(ii) in subdivision (iii) deleting

‘‘provided for in this note; or’’ and

inserting ‘‘provided for in this note.’’ in

lieu thereof; and

(iii). deleting subdivision (iv).

(b). For the following subheadings,

the Rates of Duty 1—Special subcolumn

is modified by deleting the symbol ‘‘E*’’

and inserting an ‘‘E’’ in lieu thereof:

0707.00.20; 0707.00.40; 0807.11.30;

2402.10.60.

3. With respect to articles entered, or

withdrawn from warehouse for

consumption, on or after the April 20,

1998, general note 7 to the HTS is

modified by deleting subdivision 7(g)

and inserting the following new

subdivision 7(g) in lieu thereof:

‘‘(g) The duty-free treatment provided

under the CBERA shall not apply to any

agricultural product of chapters 2

through 52, inclusive, that is subject to

a tariff-rate quota, if entered in a

quantity in excess of the in-quota

quantity for such produce.’’

[FR Doc. 98–17485 Filed 6–26–98; 12:56 pm]

BILLING CODE 3190–01–M

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. OST–96–1437]

Privacy Act of; Notice to Amend

Systems of Records

AGENCY: Office of the Secretary, DOT.

ACTION: Proposed amendments to

numerous Privacy Act systems of

records.

SUMMARY: As part of the biennial review

of systems of records required by the

Privacy Act, DOT discovered outdated

room numbers for some records system

notices and the failure to identify a

second repository of records in one

system. This notice proposes to make

the appropriate changes.

EFFECTIVE DATE: August 10, 1998.

ADDRESSES: Interested individuals may

comment on this publication by writing

to Robert I. Ross, C–10, U.S. Department

of Transportation, Office of the General

Counsel, 400 7th Street, SW.,

Washington, DC 20590; telephone: 202–

366–9156; fax: 202–366–9170; e-mail:

bob.ross@ost.dot.gov.

FOR FURTHER INFORMATION CONTACT:

Inquiries or comments concerning this

proposed altered system should be

directed to Robert I. Ross, Office of the

General Counsel, C–10, US Department

of Transportation, Washington, DC

20590; telephone: 202–366–9156; fax:

202–366–9170; e-mail:

bob.ross@ost.dot.gov. If no comments

are received, the proposed change will

become effective on the abovementioned date. If comments are

received, the comments will be

considered and where adopted, the

document will be republished with the

change.

SUPPLEMENTARY INFORMATION: DOT

systems of records notices subject to the

Privacy Act of 1974 (5 U.S.C. 552a), as

amended, have been published in the

Federal Register and are available from

the above mentioned address. The

specific change to each record system

being amended is highlighted in italics

below in the notice, as amended, which

is being published in its entirety. None

of the proposed amendments is within

the purview of subsection (r) of the

Privacy Act, as amended, which

requires the submission of a new or

altered systems report.

DOT/OST 003

SYSTEM NAME:

Allegations of Infringement of United

States Patents.

SECURITY CLASSIFICATION:

Unclassified

SYSTEM LOCATION:

Office of the Secretary of

Transportation, Office of the General

Counsel, 400 7th Street, SW., Room

10102, Washington, DC, 20590.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Individuals who believe that an

agency of the Department of

Transportation is infringing a United

States patent owned by the individual.

CATEGORIES OF RECORDS IN THE SYSTEM:

Copies of correspondence alleging

that agencies of the Department of

Transportation have infringed, or are

infringing, United States patents owned

by the originator of the correspondence.

Copies of replies by the Department

Patent Counsel to the originator of the

allegation. Copies of correspondence

forwarding the allegation to the

particular Department agency accused

for their comment; their replies to

Patent Counsel. Copies of

correspondence between the

Department of Transportation and the

Department of Justice concerning the

allegations.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

49 CFR 1.57

PURPOSE(S):

The purpose of the system is to

document allegations that agencies of

the Department of Transportation have

infringed, or are infringing, United

States patents.