China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy

Forms and Documents

Document Name	Status
Form 332-519 Intellectual Property Rights Questionnaire Form and Instruction	New
ChinaIPR_RL.pdf Supplementary Document	2010-09-07
FEDREG Notice SS.wpd Supplementary Document	2010-09-07
2_OMB Support Statement Part B.doc Supporting Statement B	2010-09-07
1_OMB Support Statement_revised2.doc Supporting Statement A	2010-09-10

IC Document Collections

IC ID	Document Title	Status
194497	Intellectual Property Rights Questionnaire Form and Instruction	New

ICR Details

OMB Control No: 3117-0221	ICR Reference No: 201009-3117-002
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: ITC	Agency Tracking No: 332-519
Title: China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/22/2010
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/17/2010
	Date Received in OIRA: 09/07/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2011	6 Months From Approved
Responses	5,675	0	0
Time Burden (Hours)	227,000	0	0
Cost Burden (Dollars)	16,643,640	0	0

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Abstract: The United States International Trade Commission (Commission), at the request of the Senate Committee on Finance (SFC), is undertaking two studies that will examine the effect of intellectual property infringement and indigenous innovation policies on the U.S. economy. The second report, titled “China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the U.S. Economy,” will describe the size and scope of reported IPR infringement in China, provide a quantitative analysis of the effect of this reported infringement on the U.S. economy and U.S. jobs, and describe, to the extent feasible, the effect of China’s indigenous innovation policies on the U.S. economy and jobs. The request also asks the Commission to analyze how IPR infringement in China may impact individual sectors of the U.S. economy, and potential sales, profits, royalties and license fees of U.S. firms globally. To undertake these endeavors, the Commission will collect and analyze vital information relevant to fulfilling its statutory duty by sending out a questionnaire to a variety of firms in the U.S., as requested by SFC. Respondents will be selected from a sample of firms in the manufacturing and services sectors that have been identified as intellectual property intensive, stratified by sector and revenue, as described in the supporting statement.

Emergency Justfication: Under section 332 of the Tariff Act of 1930 (19 U.S.C. 1332), the Commission conducts investigations on trade and tariff matters at the request of the President, the U.S. House Committee on Ways and Means, and the U.S. Senate Committee on Finance (SFC). The subject investigation was requested by the SFC with a deadline that requires prompt issuance of questionnaires. The collection of these data is integral to the successful fulfillment of the request of the SFC. After the completed questionnaires are received by the Commission, it will need time to compile, analyze, and describe the responses. The aggregated responses will be used in preparation of the public report. The Commission cannot reasonably comply with the normal clearance procedures under 5 CFR 1320.10(b) for this investigation. The notice providing selected firms information about the questionnaire is tentatively scheduled to be mailed on or before September 23, 2010. The questionnaires are tentatively scheduled to be mailed on or before September 28, 2010, in order to give respondents sufficient time to fill out the questionnaires, which are due back to the Commission by October 26, 2010. The SFC has asked the Commission to transmit its report by May 2, 2011.

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Authorizing Statute(s): US Code: 19 USC 1332 Name of Law: Investigative Authority
   US Code: 19 USC 1333 Name of Law: Testimony and the production of papers
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Intellectual Property Rights Questionnaire	332-519	Intellectual Property Rigts Questionnaire

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	5,675	0	0	5,675	0	0
Annual Time Burden (Hours)	227,000	0	0	227,000	0	0
Annual Cost Burden (Dollars)	16,643,640	0	0	16,643,640	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The burden increased because of a request from the Senate Committee on Finance for a report on the effects of Chinese intellectual property infringement and Chinese indigenous innovation policies on the U.S. economy. Such data are not publicly available. This is a one-time collection of such data. The request letter is attached as a supplemental document. The questionnaire will collect vital information relevant to fulfilling the Commission’s statutory duty to collect information related to a request made by the SFC under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)). Without the questionnaire, the Commission will be unable to furnish the information requested by the SFC and will be unable to satisfactorily discharge its responsibility under section 332(g) of the Tariff Act of 1930.

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Annual Cost to Federal Government: $213,836

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/07/2010

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