legislation: 98-hr-5634
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 98-hr-5634 | 98 | hr | 5634 | American Property Rights Protection Act of 1984 | Foreign Trade and International Finance | 1984-05-10 | 1984-05-15 | Referred to Subcommittee on Trade. | House | Rep. Dingell, John D. [D-MI-16] | MI | D | D000355 | 7 | American Property Rights Protection Act of 1984 - Amends the Trade Act of 1974 to authorize a domestic firm, an association representing domestic firms that produce like U.S. products, or a certified union of workers in such firms to file a petition with the Secretary of Commerce requesting that a beneficiary developing country be designated as an offending country regarding the U.S. product or products produced by that firm or firms. Directs the Secretary to decide, within 20 days of the filing of the petition, whether or not the allegations in the petition reasonably indicate that the beneficiary developing country is an offending country. Provides that an offending country is a beneficiary developing country within which: (1) U.S. patents, copyrights, or trademarks were violated during the 18 months preceding the filing of the petition or thereafter; (2) the patent, copyright, or trademark violations caused material injury to the petitioner or threaten to cause material injury to the petitioner; and (3) actions have not been taken or are not being taken that are reasonably likely to eliminate the patent, copyright, or trademark violations. Requires the Secretary, if the Secretary finds that the petition reasonably indicates that the country is an offending country, to publish the text of the petition in the Federal Register and to begin an investigation. Requires the Secretary, if the Secretary finds that the petition does not reasonably indicate that the country is an offending country, to inform the petitioner of the reason for such finding and to publish notice of the decision in the Federal Register. Sets forth procedures to be followed in carrying out an investigation, including providing for a public hearing, and prohibiting disclosure of certain data provided by the petitioner and the country. Requires the Secretary to conclude each investigation and make a determination on the investigation within six months of the filing of the petition. Requires the Secretary to designate a beneficiary developing country as an offending country if the Secretary finds that the country meets that definition and to determine the amount of material injury or threat of material injury to the petitioner and any party permitted to intervene in the investigation. Requires the Secretary to designate a country as an offending country if the investigation cannot be concluded because the country fails to provide its export data and other information that is relevant to the investigation. Directs the Secretary to monitor annually the implementation and effect of actions that a beneficiary developing country has taken or is taking to eliminate violations of U.S. patents, copyrights, or trademarks within such country if the Secretary finds that such violations do occur within such country and have caused or threaten to cause material injury to the petitioner but that the country has taken or is taking actions to eliminate such violations. Directs the Secretary to designate the country as an offending country if the country has not continued to implement those actions in good faith or the actions are not eliminating the violations. Requires the Secretary to report the results of the monitoring to Congress and to publish the results in the Federal Register. Provides that if for reasons other than failure to provide information necessary for an investigation, a country is designated an offending country the President: (1) shall for each 12 month period during which a penalty is imposed suspend duty-free treatment with respect to eligible articles that are a product of that country and that are valued, for customs purposes, at three times the amount of the injury or threat of injury to the petitioner; or (2) may, with respect to each such 12 month period, suspend duty-free treatment with respect to all eligible articles that are the product of that country. Requires the President to suspend duty-free treatment for each such 12 month period with respect to all eligible articles that are products of a country which is designated an offending country because it fails to provide information necessary for an investigation. Requires that the sanctions against a country designated as an offending country shall cease to apply to such country if the President considers and notifies both Houses of Congress that: (1) the country has eliminated the violations or the actions being taken by the country to eliminate the violations are reasonably likely to eliminate the violations; or (2) if the offending country designation was made because the country failed to provide information necessary for an investigation, the country provides the necessary information. Sets forth information that must be included in the notification to Congress and factors that shall be considered in determining whether a country is taking or has taken actions that are reasonably likely to eliminate offending practices. | 2025-08-29T17:39:21Z |