January 19, 1989
Memorandum for the United States Trade Representative
Subject: Actions Concerning the Generalized System of Preferences -- Thailand
Pursuant to sections 502(c)(5), 504(a)(1), and 504(c)(3) (B) and (C) of the Trade Act of 1974, as amended (``Act'') (19 U.S.C. 2462 (c)(5), 2464 (a)(1) and (c)(3) (B) and (C)), I am hereby acting to modify the application of duty-free treatment under the Generalized System of Preferences (GSP) currently being afforded to certain products exported from Thailand and to make findings concerning the extent to which Thailand is providing adequate and effective means under its laws for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property, including patents and copyrights.
After considering two private-sector requests for review concerning the extent to which Thailand provides adequate and effective means of securing exclusive rights in patents and copyrights, and in accordance with section 502(c)(5) of the Act, I have determined that Thailand does not fully provide adequate and effective means to secure, exercise, and enforce exclusive rights in intellectual property. Therefore, pursuant to sections 504(a)(1) and 504(c)(3) (B) and (C) of the Act, I have decided to deny Thailand's request for a competitive need waiver on certain jewelry items. In addition, I revoke four competitive need waivers granted to Thailand as part of the 1986 GSP General Review because I have determined that these waivers are no longer warranted due to changed circumstances. I also have determined that calculation of Thailand's competitive need limit for specified products imported during calendar year 1988 shall be consistent with section 504(c)(2)(B) of the Act and implemented on July 1, 1989. (The products affected by each of these actions are enumerated in the annex to this document.) Finally, future requests for competitive need waivers for Thai products will not be looked upon favorably until Thailand provides adequate and effective intellectual property protection.
These determinations shall be published in the Federal Register.
Ronald Reagan
[Filed with the Office of the Federal Register, January 1989]
Note: The annex was printed in the ``Federal Register'' of January 24.