[Federal Register Volume 67, Number 221 (Friday, November 15, 2002)]
[Notices]
[Pages 69295-69297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29095]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Request for Comments and Notice of Public Hearing Concerning 
Proposed Free Trade Agreement Negotiations With Southern Africa

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of intent to initiate negotiations, request for public 
comments, and notice of public hearing on negotiation of a free trade 
agreement between the United States and five southern African 
countries.

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SUMMARY: The United States intends to initiate negotiations on a free 
trade agreement (FTA) with Botswana, Lesotho, Namibia, South Africa and 
Swaziland, which collectively comprise the Southern African Customs 
Union. The interagency Trade Policy Staff Committee (TPSC) will convene 
a public hearing and seeks public comments to assist the United States 
Trade Representative (USTR) in amplifying and clarifying negotiating 
objectives for the proposed FTA and to provide advice on how specific 
goods and services and other matters should be treated under the 
proposed agreement.

[[Page 69296]]


DATES: Persons wishing to testify orally at the hearing must provide 
written notification of their intention, as well as their testimony, by 
December 6, 2002. A hearing will be held in Washington, DC, beginning 
on December 16, 2002, and continuing as necessary on subsequent days. 
Written comments are due by noon on December 20, 2002.

ADDRESSES: Submissions by electronic mail:

[email protected] (notice of intent to testify and written testimony);
[email protected] (written comments).

    Submissions by facsimile: Gloria Blue, Executive Secretary, Trade 
Policy Staff Committee, at (202) 395-6143.
    The public is strongly encouraged to submit documents 
electronically rather than by facsimile. (See requirements for 
submissions below.)

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
public comments, contact Gloria Blue, at (202) 395-3475. All other 
questions should be directed to Chris Moore, Director for African 
Affairs, Office of the United States Trade Representative, at (202) 
395-9514.

SUPPLEMENTARY INFORMATION:

1. Background

    On February 16, 2002, the USTR met with Trade Ministers and other 
officials from Botswana, Lesotho, Namibia, South Africa, and Swaziland 
in Pretoria, South Africa, to discuss the possibility of a free trade 
agreement. Subsequent discussions with these countries have 
demonstrated their readiness, individually and collectively, to be free 
trade partners.
    Botswana, Lesotho, Namibia, South Africa and Swaziland constitute 
the largest U.S. export market in sub-Saharan Africa, with sales valued 
at $3.1 billion in 2001. Each is a member of the World Trade 
Organization, and is pursuing regional free trade through the Southern 
African Development Community (SADC). Namibia and Swaziland are also 
members of the Common Market for Eastern and Southern Africa (COMESA). 
South Africa signed a free trade agreement with the European Union in 
1999, in which it agreed to eliminate duties on 86 percent of imports 
from the EU by 2012.
    Botswana, Lesotho, Namibia, South Africa and Swaziland are 
beneficiaries of the African Growth and Opportunity Act (AGOA). Section 
116 of the AGOA calls for the negotiation of free trade agreements with 
interested countries in sub-Saharan Africa, in order to serve as the 
catalyst for increasing trade between the United States and the region 
and increasing private sector investment in sub-Saharan Africa.
    Under section 2104 of the Trade Act of 2002 (19 U.S.C. 3804), for 
agreements that will be approved and implemented through Trade 
Promotion Authority procedures, the President must provide the Congress 
with at least 90 days' written notice of his intent to enter into 
negotiations and must identify specific objectives for the 
negotiations. Before and after the submission of this notice, the 
President must consult with appropriate Congressional committees and 
the Congressional Oversight Group regarding the negotiations. Under the 
Trade Act of 1974, as amended, the President must (a) afford interested 
persons an opportunity to present their views regarding any matter 
relevant to any proposed agreement, (b) designate an agency or inter-
agency committee to hold a public hearing regarding any proposed 
agreement, and (c) seek the advice of the U.S. International Trade 
Commission (ITC) regarding the probable economic effects on U.S. 
industries and consumers of the removal of tariffs and non-tariff 
barriers on imports pursuant to any proposed agreement.
    On November 4, 2002, after consulting with relevant Congressional 
committees and the Congressional Oversight Group, the USTR notified the 
Congress that the President intends to initiate negotiations on an FTA 
with southern Africa and identified specific objectives for the 
negotiations. In addition, the USTR has requested the ITC's probable 
economic effects advice. The ITC intends to provide this advice within 
five months. This notice solicits views from the public on the proposed 
FTA and provides information on a hearing which will be conducted 
pursuant to the requirements of the Trade Act of 1974.

2. Public Comments and Testimony

    To assist the Administration as it continues to develop its 
negotiating objectives for the proposed FTA, the Chairman of the TPSC 
invites written comments and/or oral testimony of interested parties at 
a public hearing. Comments and testimony may address the reduction or 
elimination of tariffs or non-tariff barriers on any article provided 
for in the Harmonized Tariff Scheduled of the United States (HTS) that 
is a product of Botswana, Lesotho, Namibia, South Africa or Swaziland, 
any concession which should be sought by the United States, or any 
other matter relevant to the proposed FTA. The TPSC invites comments 
and testimony on all of these matters, and in particular, seeks 
comments and testimony addressed to:
    (a) General and commodity-specific negotiating objectives for the 
proposed FTA.
    (b) Economic benefits and costs to U.S. producers and consumers of 
the removal of tariffs and non-tariff barriers on trade between the 
United States and southern Africa.
    (c) Treatment of specific goods (described by HTS numbers) under 
the proposed FTA, including comments on (1) product-specific import and 
export interests or barriers, (2) experience with particular measures 
that should be addressed in the negotiations, and (3) in the case of 
articles for which immediate elimination of tariffs is not appropriate, 
the recommended staging schedule for such elimination.
    (d) Adequacy of existing customs measures to ensure Botswana, 
Lesotho, Namibia, South Africa or Swaziland origin of imported goods, 
and appropriate rules of origin for goods entering the United States 
under the proposed FTA.
    (e) Existing sanitary and phytosanitary measures and technical 
barriers to trade in Botswana, Lesotho, Namibia, South Africa or 
Swaziland.
    (f) Existing barriers to trade in services between the United 
States and the southern African countries that should be addressed in 
the negotiations.
    (g) Relevant trade-related intellectual property rights issues that 
should be addressed in the negotiations.
    (h) Relevant investment issues that should be addressed in the 
negotiations.
    (i) Relevant government procurement issues that should be addressed 
in the negotiations.
    (j) Relevant environmental and labor issues that should be 
addressed in the negotiations.
    Comments identifying as present or potential trade barriers laws or 
regulations that are not primarily trade-related should address the 
economic, political or social objectives of such laws or regulations 
and the degree to which they discriminate against producers of the 
other country.
    At a later date, the USTR, through the TPSC, will publish notice of 
reviews regarding (a) the possible environmental effects of the 
proposed agreement and the scope of the U.S. environmental review of 
the proposed agreement, and (b) the impact of the proposed agreement on 
U.S. employment and labor markets.
    A hearing will be held on December 16, 2002, in Rooms 1 and 2, 1724 
F Street, NW., Washington, DC 20508. If necessary, the hearing will 
continue on subsequent days.
    Persons wishing to testify at the hearing must provide written

[[Page 69297]]

notification of their intention by December 6, 2002. The notification 
should include: (1) The name, address, and telephone number of the 
person presenting the testimony; and (2) a short (one or two paragraph) 
summary of the presentation, including the subject matter and, as 
applicable, the product(s) (with HTS number(s)), service sector(s), or 
other subjects (such as investment, intellectual property and/or 
government procurement) to be discussed. A copy of the testimony must 
accompany the notification. Remarks at the hearing should be limited to 
no more than five minutes to allow for possible questions from the 
TPSC. Persons with mobility impairments who will need special 
assistance in gaining access to the hearing should contact Gloria Blue 
at the number given above.
    Interested persons, including persons who participate in the 
hearing, may submit written comments by noon, December 20, 2002. 
Written comments may include rebuttal points demonstrating errors of 
fact or analysis not pointed out at the hearing. All written comments 
must state clearly the position taken, describe with particularity the 
supporting rationale, and be in English. The first page of the written 
comments must specify the subject matter including, as applicable, the 
product(s) (with HTS number(s)), service sector(s), or other subjects 
(such as investment, intellectual property and/or government 
procurement).

3. Requirements for Submissions

    To facilitate prompt processing of submissions, the Office of the 
U.S. Trade Representative strongly urges and prefers electronic (e-
mail) submissions in response to this notice. In the event that an e-
mail submission is impossible, submissions should be made by facsimile.
    Persons making submissions by e-mail should use the following 
subject line: ``Free Trade Agreement with Southern Africa'' followed by 
(as appropriate) ``Notice of Intent to Testify,'' ``Testimony,'' or 
``Written Comments.'' Documents should be submitted as either 
WordPerfect, MSWord, or text (.TXT) files. Supporting documentation 
submitted as spreadsheets are acceptable as Quattro Pro or Excel. For 
any document containing business confidential information submitted 
electronically, the file name of the business confidential version 
should begin with the characters ``BC-'', and the file name of the 
public version should begin with the characters ``P-''. The ``P-'' or 
``BC-'' should be followed by the name of the submitter. Persons who 
make submissions by e-mail should not provide separate cover letters; 
information that might appear in a cover letter should be included in 
the submission itself. To the extent possible, any attachments to the 
submission should be included in the same file as the submission 
itself, and not as separate files.
    Written comments, notice of testimony, and testimony will be placed 
in a file open to public inspection pursuant to 15 CFR 2003.5, except 
confidential business information exempt from public inspection in 
accordance with 15 CFR 2003.6. Business confidential information 
submitted in accordance with 15 CFR 2006.6 must be clearly marked 
``BUSINESS CONFIDENTIAL'' at the top of each page, including any cover 
letter or cover page, and must be accompanied by a nonconfidential 
summary of the confidential information. All public documents and 
nonconfidential summaries shall be available for public inspection in 
the Reading Room at the Office of the United States Trade 
Representative. The Reading Room is open to the public, by appointment 
only, from 10 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through 
Friday. An appointment to review the file may be made by calling (202) 
395-6186. Appointments must be scheduled at least 48 hours in advance.
    General information concerning the Office of the United States 
Trade Representative may be obtained by accessing its Web site (http://www.ustr.gov).

Carmen Suro-Bredie,
Chairman, Trade Policy Staff Committee.
[FR Doc. 02-29095 Filed 11-12-02; 3:33 pm]
BILLING CODE 3190-01-P