120 Federal Register / Vol. 67, No. 1 / Wednesday, January 2, 2002 / Notices 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, and Delegation of 

Authority No. 236 of October 19, 1999, 

as amended, I hereby determine that the 

objects to be included in the exhibition 

‘‘Treasures of the Russian Czars,’’

imported from abroad for temporary 

exhibition within the United States, are 

of cultural significance. The objects are 

imported pursuant to a loan agreement 

with the foreign owners. I also 

determine that the exhibition or display 

of the exhibit objects at Wonders, 

Memphis, TN from on or about April 15, 

2002 to on or about September 15, 2002, 

the Kansas International Museum, 

Topeka, KS from on or about October 

15, 2002 to on or about March 15, 2003, 

and possible additional venues yet to be 

determined, is in the national interest. 

Public Notice of these determinations is 

ordered to be published in the Federal 

Register.

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State, 

(telephone: 202/619–6981). The address 

is U.S. Department of State, SA–44, 301 

4th Street, SW., Room 700, Washington, 

DC 20547–0001.

Dated: December 13, 2001. 

Patricia S. Harrison, 

Assistant Secretary for Educational and 

Cultural Affairs, United States Department 

of State.

[FR Doc. 01–32228 Filed 12–31–01; 8:45 am] 

BILLING CODE 4710–08–P

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. 301–121] 

Determination of Action To Increase 

Duties on Certain Products of Ukraine 

Pursuant to Section 301(b): Intellectual 

Property Laws and Practices of the 

Government of Ukraine

AGENCY: Office of the United States 

Trade Representative.

ACTION: Notice

SUMMARY: The United States Trade 

Representative (Trade Representative) 

has determined that appropriate action 

to obtain the elimination of the acts, 

policies, and practices of the 

Government of Ukraine that result in the 

inadequate protection of intellectual 

property rights includes the imposition 

of prohibitive duties on the annexed list 

of Ukrainian products.

EFFECTIVE DATES: A 100 percent ad 

valorem rate of duty is effective with 

respect to the articles of Ukraine 

described in the Annex to this notice 

that are entered, or withdrawn from 

warehouse, for consumption on or after 

January 23, 2002. In addition, any 

merchandise subject to this 

determination that is admitted to U.S. 

foreign-trade zones on or after January 

23, 2002 must be admitted as 

‘‘privileged foreign status’’.

FOR FURTHER INFORMATION CONTACT: Kira 

Alvarez, Office of Services, Investment 

and Intellectual Property, Office of the 

United States Trade Representative 

(202) 395–6864; David Birdsey, Office of 

European Affairs, Office of the United 

States Trade Representative, (202) 395–

3320; or William Busis, Office of the 

General Counsel, Office of the United 

States Trade Representative, (202) 395–

3150. For questions concerning product 

classification, please contact the General 

Classification Branch, Office of 

Regulations and Rulings, U.S. Customs 

Service, (202) 927–2388, and for 

questions concerning entries, please 

contact Yvonne Tomenga, Program 

Officer, Office of Trade Compliance, 

U.S. Customs Service, (202) 927–0133.

SUPPLEMENTARY INFORMATION: In a notice 

published on April 6, 2001 (66 FR 

18,346), the Office of the United States 

Trade Representative (‘‘USTR’’) 

announced the initiation of an 

investigation under sections 301 to 309 

of the Trade Act of 1974, as amended 

(the Trade Act), regarding the 

Government of Ukraine’s intellectual 

property protection laws and practices, 

including the Government of Ukraine’s 

failure to use existing law enforcement 

authority to stop the ongoing 

unauthorized production of optical 

media products and failure to enact an 

optical media licensing regime that 

would preclude the piracy of such 

products. See 66 FR 18,346 (April 6, 

2001). In a notice published on August 

10, 2001, USTR announced that the 

Trade Representative had determined 

that these acts, policies, and practices of 

Ukraine with respect to the protection of 

intellectual property rights are 

unreasonable and burden or restrict 

United States commerce and are thus 

actionable under section 301(b) of the 

Trade Act. See 66 FR 42,246 (Aug. 10, 

2001). The notice also announced that 

the Trade Representative had 

determined that appropriate action to 

obtain the elimination of such acts, 

policies, and practices included the 

suspension of duty-free treatment 

accorded to products of Ukraine under 

the Generalized System of Preferences. 

The August 10, 2001 notice 

announced that further action might 

include the imposition of prohibitive 

duties on products of Ukraine to be 

drawn from a preliminary product list. 

USTR invited interested persons to 

submit written comments and to 

participate in a public hearing on 

September 11, 2001. Because the 

development of the final product list 

involved complex and complicated 

issues that required additional time, the 

Trade Representative determined under 

section 304(a)(3)(B) of the Trade Act to 

extend the investigation by 3 months, or 

until December 12, 2001. The public 

hearing was postponed and held on 

September 25, 2001. See 66 FR 48,898 

(Sep. 24, 2001). 

On December 11, 2001, the Trade 

Representative determined under 

section 304(a)(1)(B) of the Trade Act 

that appropriate action under section 

301(b), in addition to the prior 

suspension of GSP benefits, included 

the imposition of 100 percent ad 

valorem duties on Ukrainian products 

with an annual trade value of 

approximately $75 million. The level of 

sanctions is based on the level of the 

burden or restriction on U.S. commerce 

resulting from Ukraine’s inadequate 

protection of U.S. intellectual property 

rights. 

The Ukrainian parliament was 

scheduled to vote on an Optical Disc 

Licensing (ODL) law on December 20, 

2001, and the Government of Ukraine 

assured in writing that it would make 

best efforts to ensure passage of the law. 

In light of these developments, the 

Trade Representative determined under 

section 305(a)(2)(A) of the Trade Act 

that substantial progress was being 

made and that a delay was necessary or 

desirable to obtain a satisfactory 

solution, and postponed 

implementation of the action until 

December 20, 2001. 

On December 20, 2001, however, the 

Ukrainian parliament voted down the 

ODL law. Consequently, on that same 

day the Trade Representative 

announced that he was imposing 

prohibitive duties on Ukrainian 

products with an annual trade value of 

approximately $75 million, and 

announced the final product list on the 

following day. 

Imposition of Prohibitive Duties 

The Trade Representative has 

determined that appropriate action 

under section 301(b) of the Trade Act is 

to impose a 100% ad valorem rate of