[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Notices]
[Pages 64778-64779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26332]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Request for Comments on Negotiating Objectives With Respect to 
Malaysia's Participation in the Proposed Trans-Pacific Partnership 
Trade Agreement

AGENCY: Office of the United States Trade Representative (USTR)

ACTION: Request for comments on negotiating objectives with respect to 
Malaysia's participation in the ongoing negotiations of a Trans-Pacific 
Partnership (TPP) trade agreement, and notice of public hearing.

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SUMMARY: The United States intends to commence negotiations with 
Malaysia as part of the ongoing negotiations of a TPP trade agreement. 
Including Malaysia in the TPP negotiations furthers the objective of 
achieving a high-standard, broad-based Asia-Pacific regional agreement. 
USTR is seeking public comments on all elements related to Malaysia's 
participation in the TPP negotiations in order to develop U.S. 
negotiating positions.

DATES: Persons wishing to testify orally at the hearing must provide 
written notification of their intention, as well as their testimony, by 
November 10, 2010. A hearing will be held in Washington, DC, on 
November 19, 2010. Written comments are due by noon, November 22, 2010.

ADDRESSES: Submissions via on-line: http://www.regulations.gov. For 
alternatives to on-line submissions please contact Gloria Blue, 
Executive Secretary, Trade Policy Staff Committee (TPSC), at (202) 395-
3475.

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
written comments, please contact Gloria Blue at the above number. 
Questions regarding the environmental review of the TPP trade agreement 
should be directed to David Brooks, Environment and Natural Resources 
Section, USTR, at (202) 395-7320. All other questions regarding the TPP 
trade agreement should be directed to David Bisbee, Deputy Assistant 
USTR for Southeast Asia and the Pacific, at (202) 395-6813.

SUPPLEMENTARY INFORMATION:

1. Background

    On October 5, 2010, after having consulted with relevant 
Congressional committees and reached consensus on Malaysia's 
participation with the other TPP negotiating partners (Australia, 
Brunei Darussalam, Chile, New Zealand, Peru, Singapore and Vietnam), 
the USTR informed Congress that the President intends to commence 
negotiations with Malaysia in the context of the ongoing negotiations 
of the TPP. The objective of this negotiation is to achieve a high-
standard, 21st century agreement with a membership and coverage that 
provides economically significant market access opportunities for 
America's workers, farmers, ranchers, service providers, and small 
businesses. The addition of Malaysia to the initial group of TPP 
negotiating partners will contribute meaningfully to the achievement of 
these goals.
    In addition, under the Trade Act of 1974, as amended (19 U.S.C. 
2151, 2153), in the case of an agreement such as the proposed TPP trade 
agreement, the President must (i) afford interested persons an 
opportunity to present their views regarding any matter relevant to the 
proposed agreement, (ii) designate an agency or inter-agency committee 
to hold a public hearing regarding the proposed agreement, and (iii) 
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 the proposed agreement.
    USTR intends to hold a public hearing on matters related to 
Malaysia's participation in the TPP negotiations on November 19, 2010. 
In addition, USTR has requested the ITC to provide advice to USTR on 
the probable economic effects of including Malaysia in a TPP agreement.

2. Public Comments

    To assist USTR as it develops its negotiating objectives for the 
agreement, the TPSC Chair invites interested parties to submit written 
comments and/or oral testimony at a public hearing on matters relevant 
to Malaysia's participation in the TPP negotiations. Comments and 
testimony may address the reduction or elimination of tariffs or non-
tariff barriers on any articles provided for in the Harmonized Tariff 
Schedule of the United States (HTSUS) that are products of Malaysia, 
any concession that should be sought by the United States, or any other 
matter relevant to the inclusion of Malaysia in the proposed TPP 
agreement. The TPSC Chair invites comments on all of these matters and, 
in particular, seeks comments addressed to:
    (a) General and product-specific negotiating objectives for 
Malaysia in the context of this proposed regional agreement.
    (b) Economic costs and benefits to U.S. producers and consumers of 
removal of tariffs and removal or reduction in non-tariff barriers on 
articles traded with Malaysia.
    (c) Treatment of specific goods (described by HTSUS numbers) under 
the proposed regional agreement, including comments on--
    (1) Product-specific import or export interests or barriers,
    (2) experience with particular measures that should be addressed in 
the negotiations, and
    (3) approach to tariff negotiations, including recommended staging 
and ways to address export priorities and import sensitivities related 
to Malaysia in the context of this regional agreement.
    (d) Adequacy of existing customs measures to ensure that qualifying 
imported goods from TPP countries, including Malaysia, receive 
preferential treatment, and appropriate rules of origin for goods 
entering the United States under the proposed regional agreement.
    (e) Existing sanitary and phytosanitary measures and technical 
barriers to trade imposed by Malaysia that should be addressed in the 
negotiations.
    (f) Existing barriers to trade in services between the United 
States and Malaysia that should be addressed in the negotiations.
    (g) Relevant electronic commerce issues that should be addressed in 
the negotiations.
    (h) Relevant trade-related intellectual property rights issues that 
should be addressed in the negotiations.
    (i) Relevant investment issues that should be addressed in the 
negotiations.
    (j) Relevant competition-related matters that should be addressed 
in the negotiations.
    (k) Relevant government procurement issues that should be addressed 
in the negotiations.
    (l) Relevant environmental issues that should be addressed in the 
negotiations.
    (m) Relevant labor issues that should be addressed in the 
negotiations.
    In addition to the matters described above, USTR is addressing new 
and emerging issues in this proposed regional agreement. Specifically, 
USTR is considering new approaches designed to promote innovation and

[[Page 64779]]

competitiveness, encourage new technologies and emerging economic 
sectors, increase the participation of small- and medium-sized 
businesses in trade, and support the development of efficient 
production and supply chains that include U.S. firms in order to 
encourage firms to invest and produce in the United States. The TPSC 
Chair invites comments regarding how Malaysia's participation in the 
negotiations might affect these new approaches. The TPSC Chair also 
invites comments on the impact of Malaysia's participation in the 
negotiations on other trade-related priorities in this regional 
agreement, including environmental protection and conservation, 
transparency, workers rights and protections, development, and other 
issues.
    USTR has already provided notice and requested comments on the 
scope for an environmental review of the proposed TPP trade agreement 
(see 75 FR 14470, March 25, 2010). As described above, the present 
notice invites comments on, among other topics, environmental issues to 
be addressed in the TPP negotiations to take into account Malaysia's 
participation in the negotiation. Further comments are also invited on 
the environmental review, including possible changes in the scope or 
other issues that should be addressed in the review. At a later date, 
USTR, through the TPSC, will publish notice of reviews regarding the 
impact of the proposed agreement on U.S. employment and labor markets. 
These reviews will take into account Malaysia's participation in the 
negotiations.
    A hearing will be held on November 19, 2010, in Rooms 1, and 2, 
1724 F Street, NW., Washington, DC. Persons wishing to testify at the 
hearing must provide written notification of their intention by 
November 10, 2010. 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 
HTSUS numbers), 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 the TPSC Executive Secretary.
    Interested persons, including persons who participate in the 
hearing, may submit written comments by no later than noon, Monday, 
November 22, 2010.

3. Requirements for Submissions

    Persons submitting comments must do so in English and must identify 
(on the first page of the submission) the ``Participation of Malaysia 
in the Trans-Pacific Partnership Trade Negotiations.''
    In order to ensure the timely receipt and consideration of 
comments, USTR strongly encourages commenters to make on-line 
submissions, using the http://www.regulations.gov Web site. Comments 
should be submitted under the following docket: USTR-2010-0031. To find 
the docket, enter the docket number in the ``Enter Keyword or ID'' 
window at the http://www.regulations.gov home page and click 
``Search.'' The site will provide a search-results page listing all 
documents associated with this docket. Find a reference to this notice 
by selecting ``Notices'' under ``Document Type'' on the search-results 
page, and click on the link entitled ``Submit a Comment.'' (For further 
information on using the www.regulations.gov Web site, please consult 
the resources provided on the Web site by clicking on the ``Help'' 
tab.)
    The http://www.regulations.gov Web site provides the option of 
making submissions by filling in a comments field, or by attaching a 
document. USTR prefers submissions to be provided in an attached 
document. If a document is attached, it is sufficient to type ``See 
attached'' in the ``Type comment & Upload File'' field. USTR prefers 
submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the 
submission is in an application other than those two, please indicate 
the name of the application in the ``Comments'' field.
    For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page. Filers of submissions 
containing business confidential information must also submit a public 
version of their comments. The file name of the public version should 
begin with the character ``P''. The ``BC'' and ``P'' should be followed 
by the name of the person or entity submitting the comments or reply 
comments. Filers submitting comments containing no business 
confidential information should name their file using the character 
``P'', followed by the name of the person or entity submitting the 
comments.
    Please do not attach separate cover letters to electronic 
submissions; rather, include any information that might appear in a 
cover letter in the comments themselves. Similarly, to the extent 
possible, please include any exhibits, annexes, or other attachments in 
the same file as the submission itself, not as separate files.
    USTR strongly urges submitters to file comments through 
regulations.gov, if at all possible. Any alternative arrangements must 
be made with Ms. Blue in advance of transmitting a comment. Ms. Blue 
should be contacted at (202) 395-3475. General information concerning 
USTR is available at http://www.ustr.gov.

Carmen Suro-Bredie,
Chair, Trade Policy Staff Committee.
[FR Doc. 2010-26332 Filed 10-19-10; 8:45 am]
BILLING CODE 3190-W1-P