25000 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices

initiated negotiations with other WTO

members. The terms of membership will

be negotiated in bilateral meetings with

government representatives and in

meetings of the Working Parties

established by the Members of the WTO

to conduct the negotiations. All

comments will be considered in

developing U.S. positions and objectives

for participation in these negotiations,

establishment of schedules of

commitments and concessions in the

areas of agriculture, industrial goods,

and trade and investment in services,

and for development of the elements of

these countries’ protocols of accession

to the WTO.

The Committee is seeking public

comments on the possible affect on U.S.

trade of these countries’ accession to the

WTO, with particular reference to tariffs

applied to imports and any other trade

measures currently applied by Albania,

Armenia, Croatia, Saudi Arabia, and

Ukraine that could be subject to the

provisions of the WTO, particularly

market access issues for goods and

services or practices that could affect

the competitiveness of U.S. goods and

services in those markets. Issues of

interest to the TPSC include, but are not

limited to: (a) Comments on possible

tariff reductions and the removal of

border measures such as quotas or

import licensing requirements; (b)

uniform application of the trading

system (c) the provision of national

treatment and nondiscriminatory

treatment for imports, especially in the

area of domestic taxation; (d)

transparency in application of trade

laws and regulations; (e) right of appeal

in cases involving application of trade

laws and other laws relating to WTO

provisions, such as protection and

enforcement of intellectual property

rights (IPR) and services; (f) customs

processing issues, such as document

certification prior to export, fees,

customs valuation, and certification

requirements; (g) industrial export and

domestic subsidies; (h) agricultural

export subsidies and domestic supports

and incentives; (i) safeguard and unfair

trade practice procedures applied to

imports; (j) plant, animal, and human

health and safety requirements; (k)

labeling and shelf-life requirements; (l)

food standards and other technical

barriers to trade; (m) utilization of

preshipment inspection services; (n)

activities of state trading enterprises,

including restrictions and other tradedistorting practices; (o) price controls

and policies; (p) government

procurement practices; (q) policies

concerning trade in civil aircraft, and (r)

the trade-related aspects of investment

policies and the protection and

enforcement of IPRs. Market access

issues for services include, but are not

limited to, the right of establishment for

U.S. services providers, the ability to

provide services on a cross border basis,

and the ability of persons to enter

temporarily to provide services.

Information on products or practices

subject to these negotiations should

include, whenever appropriate, the

import or export tariff classification

number used by these countries for the

product concerned. Submissions also

should clearly separate issues by

country.

Persons submitting written comments

should provide a statement, in twenty

copies, by noon, Friday, June 21, 1996,

to Carolyn Frank, Executive Secretary,

TPSC, Office of the U.S. Trade

Representative, Room 501, 600 17th

Street, NW., Washington, D.C. 20508.

Non-confidential information received

will be available for public inspection

by appointment, in the USTR Reading

Room, Room 101, Monday through

Friday, 10:00 a.m. to 12:00 noon and

1:00 p.m. to 4:00 p.m. For an

appointment call Brenda Webb on 202–

395–6186. Business confidential

information will be subject to the

requirements of 15 CFR § 2003.6. Any

business confidential material must be

clearly marked as such on the cover

letter or page and each succeeding page,

and must be accompanied by a nonconfidential summary thereof. Other

countries pursuing WTO accession

whose negotiations are not yet

sufficiently advanced to warrant a

request for public comment are Algeria,

Belarus, Cambodia, Jordan, Kazakhstan,

Kyrghyzstan, the Former Yugoslav

Republic of Macedonia, Moldova,

Nepal, Seychelles, Sudan, Tonga,

Uzbekistan, Vanuatu, and Vietnam.

Frederick L. Montgomery,

Chairman, Trade Policy Staff Committee.

[FR Doc. 96–12426 Filed 5–16–96; 8:45 am]

BILLING CODE 3190–01–M

[Docket No. 301–92]

Request for Public Comment and

Notice of Public Hearing:

Determination Involving Expeditious

Action; Proposed Determination

Concerning What Further Action To

Take Under Section 301(a) in

Response to the People’s Republic of

China’s Unsatisfactory Implementation

of the 1995 Agreement on Enforcement

of Intellectual Property and Market

Access

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice of determination on

expeditious action and proposed

determination on further action; request

for public comment; notice of public

hearing.

SUMMARY: Based on monitoring carried

out pursuant to subsection 306(a) of the

Trade Act of 1974 (Trade Act) (19 U.S.C.

2416(a)), the Acting United States Trade

Representative (USTR) considers that

China is not satisfactorily implementing

the 1995 Agreement on Enforcement of

Intellectual Property Rights and Market

Access (1995 Agreement) China entered

into to resolve the intellectual property

rights (IPR) enforcement and market

access issues subject to investigation

under Title III, chapter I of the Trade

Act. In light of this, the USTR must,

pursuant to sections 306(b), determine

what further action to take under

section 301(a) of the Trade Act (19

U.S.C. 2411(a)). The USTR proposes to

take the following action: To impose

prohibitive tariffs on imports of certain

products of China to be drawn from the

lists of products set forth in the Annexes

to this Notice.

Since the products listed in Annex II

to this Notice are subject to quantitative

restrictions and it is essential to prevent

surges of imports into the U.S. market,

the USTR, pursuant to section 304(b)(1)

of the Trade Act, has determined that

expeditious action is necessary.

Pursuant to section 301(a) and (c) of the

Trade Act, the USTR has directed the

Commissioner of Customs, to limit by

date of export entries of the textile and

apparel products listed in Annex II, over

the 30-day period (commencing with

exports from China on or after May 15,

1996) to 15 percent of the 1996 adjusted

level for each category of product. In

addition, the USTR has requested the

Chair of the Committee on

Implementation of Textile Agreements

(CITA) to amend CITA’s relevant

directives dated November 30, 1995,

and December 13, 1995, in order to

facilitate Customs implementation of

this determination, and to inform

Customs accordingly.

Pursuant to section 304(b) and 306(c)

of the Trade Act (19 U.S.C. 2414(b) and

2416(c)), the USTR is seeking public

comments and will hold a public

hearing on June 6–7, 1996, regarding the

expeditious action taken and a proposed

determination on what further action to

take.

EFFECTIVE DATE: Requests to testify at the

hearing must be submitted by noon,

Wednesday, May 22, 1996; written

testimony is due by noon, Friday, May

31, 1996; and written rebuttals are due

by 5:00 p.m., Monday, June 10, 1996.

Written comments on the proposed
Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices 25001

determination are due by noon, Friday,

June 14, 1996.

FOR FURTHER INFORMATION CONTACT:

Questions concerning the products

under consideration for imposition of

prohibitive tariffs should be directed to

Irving Williamson, Chair Section 301

Committee (202) 395–3432, Deborah

Lehr, Deputy Assistant USTR for China

and Mongolian Affairs (202) 395–5050,

or Caroyl Miller (202) 395–3026 Deputy

Chief Textiles Negotiator; questions

about the public hearing, written

testimony and written comments should

be directed to Sybia Harrison, Staff

Assistant to Section 301 Committee,

(202) 395–3432. All of the above

persons are located at the Office of the

United States Trade Representative, 600

17th Street, NW, Washington, D.C.

20508.

SUPPLEMENTARY INFORMATION: On June

30, 1994, pursuant to section 302(b) of

the Trade Act, the USTR initiated an

investigation of those acts, policies and

practices of China that were the basis for

identification of China as a priority

foreign country (PFC) under section 182

of the Trade Act. See 59 FR 35558 (July

12 1994). On February 4, 1995, the

USTR determined that certain acts,

policies and practices of the Chinese

government with respect to the

enforcement of IPRs and market access

for persons relying on intellectual

property protection are unreasonable

and constitute a burden or restriction on

U.S. commerce. The USTR also

determined that trade action in the form

of assessment of increased duties on

certain products from China was

appropriate. See 60 FR 7230 (Feb. 7,

1995).

On February 26, 1995, the government

of China agreed to take extensive

measures to enforce IPRs and provide

market access for persons relying on

intellectual property protection. On the

basis of the measures that China agreed

to undertake, the USTR decided that the

action taken pursuant to section 301(c)

of the Trade Act, to increase tariffs on

certain products from China, was no

longer appropriate and terminated that

action. The USTR also determined to

monitor, under section 306 of the Trade

Act, China’s implementation of the

measures it had agreed to undertake and

terminated the investigation. Pursuant

to section 182(c)(1)(A) of the Trade Act,

the USTR also decided to revoke

China’s designation as a PFC. See 60 FR

12583 (March 7, 1995). The Agreement

setting forth the measures China agreed

to take was formally signed on March

11, 1995.

Since then, USTR and other agencies

have worked closely and consulted

frequently with the Chinese government

on implementation of the IPR

Agreement. The U.S. government has

provided technical assistance and

training on enforcement of IPRs and

private sector interests have worked

with individuals and firms in China to

achieve market access for U.S. products

and firms.

While some progress has been made

in the area of enforcement of IPRs,

particularly with respect to enforcement

of copyrights at the retail level, critical

deficiencies are present in China’s

implementation of measures to address

piracy at the production and wholesale

distribution level. Piracy remains

particularly rampant in Guangdong

province. Manufacturers and

distributors—primarily located in

southern China—continue to produce

pirated CDs, LDS and CD–ROMS in

massive quantities. Due to lax

enforcement at the point of production

and at the border, export of pirated

computer software, movies, sound

recordings and other products have

grown substantially over the past year.

Products pirated in China have flooded

Southeast Asia, Russia and the other

Commonwealth of Independent States

(CIS) countries. Latin American and

European markets have also been

targeted and the U.S. Customs Service

has seized pirated CDS and CD–ROMs

entering the United States from China.

Finally, no significant progress has been

made in providing market access to U.S.

firms and products that rely on IPR

protection.

Based on the results of this

monitoring, the USTR considers that

China is not satisfactorily implementing

the Agreement that was the basis for

resolving the IPR enforcement and

market access issues under

investigation. Consequently, USTR is

seeking comments on a proposed

determination on what action to take

under section 301(a) of the Trade Act.

Proposed Determination and

Expeditious Action

Pursuant to sections 306(b) and 301(c)

of the Trade Act, the USTR proposes to

take the following action: To impose

prohibitive tariffs on imports of certain

products of China to be drawn from the

lists of products set forth in the Annexes

to this notice.

The decision on what specific

products could be subject to prohibitive

tariffs will take into consideration the

written comments provided and any

written and oral testimony offered at the

public hearing.

Since the products listed in Annex II

to this Notice are subject to quantitative

restrictions and it is essential to prevent

surges of imports into the U.S. market,

the USTR, pursuant to section 304(b)(1)

of the Trade Act, has determined that

expeditious action is necessary.

Pursuant to section 301 (a) and (c) of the

Trade Act, the USTR has directed the

Commissioner of Customs, to limit by

date of export entries of the textile and

apparel products listed in Annex II, over

the 30-day period (commencing with

exports from China on or after May 15,

1996) to 15 percent of the 1996 adjusted

level for each category of product. In

addition, the USTR has requested the

Chair of CITA to amend CITA’s relevant

directives dated November 30, 1995,

and December 13, 1995, in order to

facilitate customs implementation of

this determination and to inform

Customs accordingly.

Public Comment on Expeditious Action

Taken, Proposed Determination and

Hearing Participation

In accordance with section 304(b) and

306(c) of the Trade Act, the USTR

invites all interested persons to provide

written comments on the action take

under section 304(b)(1) and the

proposed determination. With respect to

the proposed trade action under section

301, comments may address: (1) the

appropriateness of subjecting the

products listed in the Annexes to this

notice to prohibitive duties; (2) the level

at which duties on particular products

should be set; and (3) the degree to

which imposition of prohibitive duties

on particular products might have an

adverse effect on U.S. consumers.

Comments will be considered in

recommending any determination or

action under section 301 to the USTR.

The USTR will also consider the

written, oral, and rebuttal comments

submitted in the context of a public

hearing held pursuant to section 304(b)

of the Trade Act and in accordance with

15 CFR 2006.7 through 2006.9. The

hearing will commence at 10:00 a.m. on

Thursday, June 6, 1996, continue on

June 7, 1996, if necessary. The hearing

will be held in the Main Hearing Room

(Room 101) at the U.S. International

Trade Commission, 500 E Street, SW,

Washington, D.C.

Request to Testify: Interested person

wishing to testify orally at the hearings

must provide a written request to do so

by noon, Wednesday, May 22, 1996, to

Sybia Harrison, Staff Assistant to the

Section 301 Committee, Office of the

U.S. Trade Representative, 600 17th

Street NW, Washington, DC 20508.

Requests to testify must include the

following information: (1) name,

address, telephone and fax numbers,

and firm or affiliation; and (2) a brief

summary of their presentation. Requests
25002 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices

must conform to the requirements of 15

CFR 2006.8(a). After the Chairman of

the Section 301 Committee considers

the request to present oral testimony,

Ms. Harrison will notify the applicant of

the time of his or her testimony.

Remarks at the hearing will be limited

to 5 minutes.

Written Testimony: In addition,

persons presenting oral testimony must

submit their complete written testimony

by noon on Friday, May 31, 1996. In

order to assure each party an

opportunity to contest the information

provided by other parties, USTR will

entertain rebuttal briefs filed by any

party by 5:00 p.m., Monday, June 10,

1996. In accordance with 15 CFR

2006.8(c), rebuttal briefs should be

strictly limited to demonstrating errors

of fact or analysis not pointed out in the

briefs or hearing and should be as

concise as is possible.

Requirements for Submissions:

Written comments on the proposed

determinations under section 306 of the

Trade Act, written testimony, and

rebuttal briefs must be filed in

accordance with the requirements set

forth in 15 CFR 2006.8(b) and are due

according to the relevant deadlines

noted above. Comments must state

clearly the position taken and describe

with particularity the supporting

rationale, be in English, and be provided

in twenty copies to: Chairman, Section

301 Committee, Room 223, USTR, 600

17th St., N.W., Washington, D.C. 20508.

Written comments, testimony, and

briefs will be placed in a file (Docket

301–92) 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.

Persons wishing to submit confidential

business information must certify in

writing that such information is

confidential in accordance with 15 CFR

2006.15(b), and such information must

be clearly marked ‘‘Business

Confidential’’ in a contrasting color ink

at the top of each page on each of the

twenty copies and must be accompanied

by a nonconfidential summary of the

confidential information. The

nonconfidential summary will be placed

in the Docket open to public inspection.

An appointment to review the docket

(Docket No. 301–92) may be made by

calling Brenda Webb (202) 395–6186.

The USTR Reading Room is open to the

public from 10:00 a.m. to noon and 1:00

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

Friday, and is located in Room 101.

Irving A. Williamson,

Chairman, Section 301 Committee.

BILLING CODE 3190–01–M
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[FR Doc. 96–12572 Filed 5–15–96; 12:19 pm]

BILLING CODE 3190–01–C

DEPARTMENT OF TRANSPORTATION

Aviation Proceedings; Agreements

Filed During the Week Ending 5/10/96

The following Agreements were filed

with the Department of Transportation

under the provisions of 49 U.S.C 412

and 414. Answers may be filed within

21 days of date of filing.

Docket Number: OST–96–1358

Date filed: May 7, 1996

Parties: Members of the International

Air Transport Association

Subject:

CAC/Reso/184 dated April 22, 1996

Finally Adopted Resolutions R1–8

Minutes—CAC/Meet/114 dated April

22, 1996

Intended effective date: October 1,

1996

Paulette V. Twine,

Chief, Documentary Services Division.

[FR Doc. 96–12436 Filed 5–16–96; 8:45 am]

BILLING CODE 4910–62–P

Notice of Applications for Certificates

of Public Convenience and Necessity

and Foreign Air Carrier Permits Filed

Under Subpart Q During the Week

Ending May 10, 1996

The following Applications for

Certificates of Public Convenience and

Necessity and Foreign Air Carrier

Permits were filed under Subpart Q of

the Department of Transportation’s

Procedural Regulations (See 14 CFR

302.1701 et. seq.). The due date for

Answers, Conforming Applications, or

Motions to modify Scope are set forth

below for each application. Following

the Answer period DOT may process the

application by expedited procedures.

Such procedures may consist of the

adoption of a show-cause order, a

tentative order, or in appropriate cases

a final order without further

proceedings.

Docket Number: OST–96–1362.

Date filed: May 8, 1996.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: –June 5, 1996.

Description: Application of Delta Air

Lines, Inc., pursuant to 49 U.S.C.

Section 41101, the Department’s Notice,

and Subpart Q of the Regulations,

requests a Certificate of Public

Convenience and Necessity for authority

to offer scheduled foreign air

transportation of persons, property and

mail between a point or points in the

United States and a point or points in

Poland, via intermediate points in

Europe (including but not limited to

Vienna, Austria). Delta also requests one

of the two third-country code-share

service to Warsaw, Poland in

conjunction with Austrian Airlines,

consistent with the March 22, 1996

Memorandum of Consultations between

the governments of the United States

and Poland. In addition, Delta and

Austrian jointly request a Statement of

Authorization under 14 C.F.R. Part 212

to permit Austrian to carry Delta’s ‘‘DL’’

designator code on Austrian’s flights

between Vienna and Warsaw, Poland.

Docket Number: OST–96–1363.

Date filed: May 9, 1996.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: –June 6, 1996.

Description: –Application of Jet USA

Airlines, Inc., pursuant to 49 U.S.C.

Section 40102(a)(15), and Subpart Q of

the Regulations, requests authority to

engage in interstate and overseas

scheduled air transportation of persons,

property and mail between any point in

any state in the United States or the

District of Columbia, or any territory or

possession of the United States, and any

point in any state in the United States

or the District of Columbia, or any

territory or possession of the United

States.

Paulette V. Twine,

Chief, –Documentary Services Division.

[FR Doc. 96–12435 Filed 5–16–96; 8:45 am]

BILLING CODE 4910–62–P

Federal Highway Administration

Efficieny, Quality and Effectiveness of

Existing Civil Rights Programs;

Roundtable Discussions

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of public meetings;

change in meeting date and notice of

additional meeting dates.

SUMMARY: The FHWA announced on

May 3, 1996 (61 FR 19973), a series of

roundtable conferences to obtain

information on issues relating to the

efficiency, quality, and effectiveness of

existing civil rights programs. The

meeting date for the first meeting

(Portland, Oregon) has been changed

from May 22 to May 28. Other

information regarding location and

contact person remains the same. Two

roundtable discussions on June 25 and

July 17, 1996, have been added at the

locations indicated below.

The agenda for the roundtable

discussions includes the topics of state

internal and contractor equal

employment opportunity (EEO)

programs, supportive services, and the

administration of specific

nondiscrimination statutes. Although

the meetings will be open to the public,

space will be limited; therefore, the

FHWA requests that persons interested

in attending the meeting preregister by

contacting the ‘‘contact person’’ listed

below for the appropriate meeting at

least three days prior to the meeting.

The Disadvantaged Business Enterprise

(DBE) Program will not be discussed at

these Roundtables. The DBE program is

currently being addressed by a separate

interagency workgroup.

DATES: Public meetings will be held at

each of the following locations within

the span of one day from 8 a.m. to Noon

and from 1 p.m. to 5 p.m. Specific dates

and exact locations are as follows:

May 28, 1996

Portland State University, Smith

Memorial Center, Rooms SMC 294

and SMC 296, 724 South West

Harrison Street, Portland, Oregon

97201, contact person: Willie

Harris, ph.(503)326–2067.

June 4, 1996

Marque Hotel, 111 Perimeter Center

West, Atlanta, Georgia 30346,

contact person: Pamela Foster,

ph.(404)347–4791

June 25, 1996

Massachusetts Department of

Highways, 10 Park Plaza,

Conference Rooms 2 and 3, Boston,

Massachusetts 02116, contact

person: Trish O’Brien, ph. (617)

973–7823

July 17, 1996

FHWA Regional Office, 555 Zang

Street, 3rd Floor Conference Rooms

A and B, Lakewood, Colorado

80228, contact person: Teresa

Banks, ph. (303) 969–6707

FOR FURTHER INFORMATION CONTACT: Ms.

Linda J. Brown, Chief, Policy and

Program Development Division, Office

of Civil Rights, Telephone: (202)366–

0471; FAX: (202)366–1599. Federal

Highway Administration, 400 Seventh

Street, SW., Washington, DC 20590.

Office hours are from 7:45 p.m. to 4:15

p.m., e.t., Monday through Friday

except Federal holidays.

(Authority: 23 U.S.C. 315; 49 CFR 1.48)

Issued on: May 14, 1996.

George F. Duffy,

Chief, Program Operations Division, Office

of Civil Rights.

[FR Doc. 96–12433 Filed 5–16–96; 8:45 am]

BILLING CODE 4910–22–P