[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43131-43133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17932]


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TRADE REPRESENTATIVE


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

AGENCY: Office of the United States Trade Representative.

ACTION: Request for comments on negotiating objectives with respect to 
Canada'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 Canada 
as part of the ongoing negotiations of a TPP trade agreement. Including 
Canada in the TPP negotiations furthers the objective of achieving a 
high-standard, broad-based Asia-Pacific regional agreement. The Office 
of the United States Trade Representative (USTR) is seeking public 
comments on all elements related to Canada'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 
September 4, 2012. The hearing will be held in Washington, DC, on 
September 24, 2012. Written comments are due by noon,

ADDRESSES: Submissions via on-line: www.regulations.gov. For 
alternatives to on-line submissions, please contact Donald W. Eiss at 
(202) 395-3475.

FOR FURTHER INFORMATION CONTACT: For questions concerning requirements 
for written comments, please contact Donald W. Eiss at (202) 395-3475. 
All other questions regarding this notice should be directed to Mary T. 
Smith, Director for Canada, at (202) 395-3412.

SUPPLEMENTARY INFORMATION:

1. Background

    On November 14, 2011, Canadian Prime Minister Stephen Harper stated

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Canada's intention to begin consultations with the TPP countries 
regarding Canada's participation in the negotiations. On December 7, 
2011, USTR published a notice in the Federal Register (76 FR 76480), 
seeking public comments on Canada's possible participation in the TPP 
negotiations.
    On July 10, 2012, following consultations with relevant 
Congressional committees and after having reached consensus on Canada's 
participation with the other TPP negotiating partners (Australia, 
Brunei Darussalam, Chile, Malaysia, New Zealand, Peru, Singapore and 
Vietnam), the U.S. Trade Representative informed Congress that the 
President intends to commence negotiations with Canada 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, manufacturers, service 
suppliers, farmers, ranchers, and small businesses. The addition of 
Canada to the 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 
Canada's participation in the TPP negotiations on September 24, 2012. 
In addition, USTR has requested the ITC to provide advice to USTR on 
the probable economic effects of including Canada in a TPP agreement.

2. Public Comments

    To assist USTR as it develops its negotiating objectives for the 
agreement, the Chair of the Trade Policy Staff Committee (TPSC) invites 
interested persons to submit written comments and/or oral testimony at 
a public hearing on matters relevant to Canada's participation in the 
TPP negotiations. Members of the public who submitted comments in 
response to the earlier request (76 FR 76480) need not make an 
additional submission unless the comments are different.
    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 Canada, any concession that should be sought by the United 
States, or any other matter relevant to the inclusion of Canada 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 Canada 
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 Canada.
    (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 Canada in the context of this regional agreement.
    (d) Adequacy of existing customs measures to ensure that qualifying 
imported goods from TPP countries, including Canada, 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 Canada that should be addressed in the 
negotiations.
    (f) Existing barriers to trade in services between the United 
States and Canada 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 
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 Canada's participation in the 
negotiations might affect these new approaches. The TPSC Chair also 
invites comments on the impact of Canada'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 Canada'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 Canada's participation in the 
negotiations.
    A hearing will be held on September 24, 2012, 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 
September 24, 2012. 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 products(s) (with 
HTSUS numbers), service sector(s), or other subjects (such

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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, September 
4, 2012.

Public Comment: Requirements for Submissions

    Persons submitting written comments must do so in English and must 
identify (on the first page of the submission) ``Participation of 
Canada in the Trans-Pacific Partnership Trade Negotiations.'' Persons 
may submit public comments electronically to www.regulations.gov docket 
number USTR-2012-0015. In order to be assured of consideration, 
comments should be submitted by noon, September 4, 2012.
    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-2012-0015. 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 ``Comment Now.'' (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 
providing comments using the ``Type Comments'' field, or by attaching a 
document using the ``Upload File(s)'' field. 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 Comments'' field. 
USTR also 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 ``Type 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 
www.regulations.gov, if at all possible. Any alternative arrangements 
must be made with Donald W. Eiss in advance of transmitting a comment. 
Mr. Eiss should be contacted at (202) 395-3475. General information 
concerning USTR is available at http://www.ustr.gov.

Douglas Bell,
Chair, Trade Policy Staff Committee.
[FR Doc. 2012-17932 Filed 7-20-12; 8:45 am]
BILLING CODE 3290-F2-P