On December 15, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a request for comments and notice of public hearing [Docket Number USTR-2020-0041] for its 2021 review to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to US persons who rely on IP protection. Based on this review, the USTR determines which, if any, of these countries to identify as Priority Foreign Countries. USTR requests written comments that identify acts, policies, or practices that may form the basis of a country’s identification as a Priority Foreign Country or placement on the Priority Watch List or Watch List.
Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242), commonly known as the Special 301 provisions, requires the USTR to identify countries that deny adequate and effective IP protections or fair and equitable market access to U.S. persons who rely on IP protection. The Trade Act requires the U.S. Trade Representative to determine which, if any, of these countries to identify as Priority Foreign Countries. Acts, policies or practices that are the basis of a country’s identification as a Priority Foreign Country can be subject to the procedures set out in sections 301–305 of the Trade Act (19 U.S.C. 2411–2415).
The schedule is:
- January 28, 2021 at 11:59 pm EST: Deadline for submission of written comments from the public.
- February 11, 2021 at 11:59 pm EST: Deadline for submission of written comments from foreign governments.
- February 22, 2021: Deadline for the Special 301 Subcommittee of the Trade Policy Staff Committee (Subcommittee) to pose questions on written comments.
- March 5, 2021 at 11:59pm EST: Deadline for submission of commenters’ responses to questions from the Subcommittee.
- On or about April 30, 2021: USTR will publish the 2021 Special 301 Report within 30 days of the publication of the National Trade Estimate Report.
