[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47880-47882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19636]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. TA-131-036 and TA-2104-028]


U.S.-Trans-Pacific Partnership Free Trade Agreement Including 
Canada and Mexico: Advice on the Probable Economic Effect of Providing 
Duty-Free Treatment for Imports

AGENCY: United States International Trade Commission.

ACTION: Institution of investigations and scheduling of hearing.

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SUMMARY: Following receipt on July 19, 2012, of a request from the 
United States Trade Representative (USTR), the Commission instituted 
investigation nos. TA-131-036 and TA-2104-028, U.S.-Trans-Pacific 
Partnership Free Trade Agreement Including Canada and Mexico: Advice on 
the Probable Economic Effect of Providing Duty-Free Treatment for 
Imports.

DATES: August 30, 2012: Deadline for filing requests to appear at the 
public hearing.
    August 31, 2012: Deadline for filing pre-hearing briefs and 
statements.
    September 12, 2012: Public hearing.
    September 17, 2012: Deadline for filing post-hearing briefs and 
statements.
    September 19, 2012: Deadline for filing all other written 
submissions.
    November 19, 2012: Transmittal of Commission report to the USTR.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Douglas Newman, Project Leader (202-
205-3328 or [email protected]), or Kyle Johnson, Deputy Project 
Leader (202-205-3229 or [email protected]), for information 
specific to these investigations. For information on the legal aspects 
of these investigations, contact William Gearhart of the Commission's 
Office of the General Counsel (202-205-3091 or 
[email protected]). The media should contact Margaret 
O'Laughlin, Office of External Relations (202-205-

[[Page 47881]]

1819 or [email protected]). Hearing-impaired individuals may 
obtain information on this matter by contacting the Commission's TDD 
terminal at 202-205-1810. General information concerning the Commission 
may also be obtained by accessing its Internet server (http://www.usitc.gov). Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000.
    Background: In his letter of July 19, 2012, the USTR advised the 
Commission that Canada and Mexico have joined the negotiations, known 
as the Trans-Pacific Partnership (TPP) negotiations, and requested that 
the Commission provide certain advice under section 131 of the Trade 
Act of 1974 (19 U.S.C. 2151) and an assessment under section 2104(b)(2) 
of the Trade Act of 2002 (19 U.S.C. 3804(b)(2)) with respect to the 
effects of providing duty-free treatment for imports from all ten 
countries.
    More specifically, the USTR, under authority delegated by the 
President and pursuant to section 131 of the Trade Act of 1974, 
requested that the Commission provide a report containing its advice as 
to the probable economic effect of providing duty-free treatment for 
imports of products from the ten TPP partner countries (Australia, 
Brunei Darussalam, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, 
Singapore, and Vietnam) on (i) industries in the United States 
producing like or directly competitive products, and (ii) on consumers. 
The USTR asked that the Commission's analysis consider each article in 
chapters 1 through 97 of the Harmonized Tariff Schedule of the United 
States (HTS) for which tariffs will remain, taking into account 
implementation of U.S. commitments in the World Trade Organization and 
under U.S. free trade agreements that the United States has with a TPP 
country. The USTR asked that the advice be based on the HTS in effect 
during 2011 and trade data for 2011. The USTR also requested that the 
Commission, in preparing its advice, assume that any known U.S. non-
tariff barrier will not be applicable to such imports, and that the 
Commission note in its report any instance in which the continued 
application of a U.S. non-tariff barrier would result in different 
advice with respect to the effect of the removal of the duty.
    In addition, the USTR requested that the Commission prepare an 
assessment, pursuant to section 2104(b)(2) of the Trade Act of 2002, of 
the probable economic effects of eliminating tariffs on imports from 
the TPP countries of those agricultural products on the list attached 
to his letter on (i) industries in the United States producing the 
product concerned, and (ii) the U.S. economy as a whole. The USTR's 
request and list of agricultural products are posted on the 
Commission's Web site at http://www.usitc.gov.
    The USTR asked that the Commission identify in its report, among 
other things, any changes in its advice from the advice delivered on 
January 7, 2011, that did not include Canada and Mexico. The USTR also 
stated that the Commission need not repeat analysis and discussion 
included in that earlier report. As requested, the Commission will 
provide its report to the USTR by November 19, 2012. The USTR indicated 
that those sections of the Commission's report that relate to the 
advice and assessment of probable economic effects will be classified. 
The USTR also indicated that he considers the Commission's report to be 
an inter-agency memorandum that will contain pre-decisional advice and 
be subject to the deliberative process privilege.
    This is the third such request that the Commission has received 
from the USTR with respect to the TPP negotiations. In response to an 
earlier request by the USTR after Malaysia joined the negotiations, the 
Commission delivered a report to the USTR on January 7, 2011, 
containing its advice and assessment in investigation Nos. TA-131-035 
and TA-2104-027, U.S.-Trans-Pacific Partnership Free Trade Agreement 
Including Malaysia: Advice on Probable Economic Effect of Providing 
Duty-Free Treatment for Imports after Malaysia joined the negotiations, 
providing certain advice on the effects of providing duty-free 
treatment for imports for the eight countries.
    In response to another request from the USTR, the Commission, on 
June 2, 2010, delivered a report to the USTR containing its advice and 
assessment in investigation Nos. TA-131-034 and TA-2104-026, U.S.-
Trans-Pacific Partnership Free Trade Agreement: Advice on Probable 
Economic Effect of Providing Duty-Free Treatment for Imports, relating 
to the effects of a possible free trade agreement with seven countries 
(Australia, Brunei Darussalam, Chile, New Zealand, Peru, Singapore, and 
Vietnam).
    Public Hearing: A public hearing in connection with these 
investigations will be held at the U.S. International Trade Commission 
Building, 500 E Street SW., Washington, DC, beginning at 9:00 a.m., 
September 12, 2012. Requests to appear at the public hearing should be 
filed with the Secretary not later than 5:15 p.m., August 30, 2012. All 
pre-hearing briefs and statements should be filed not later than 5:15 
p.m., August 31, 2012; and all post-hearing briefs and statements 
should be filed not later than 5:15 p.m., September 17, 2012. All 
briefs should be filed in accordance with the requirements in the 
``Submissions'' section below.
    Written Submissions: In lieu of or in addition to participating in 
the hearing and filing briefs and statements relating to the hearing, 
interested parties are invited to file written submissions concerning 
these investigations. All written submissions should be addressed to 
the Secretary, and should be received not later than 5:15 p.m., 
September 19, 2012. All written submissions must conform with the 
provisions of section 201.8 of the Commission's Rules of Practice and 
Procedure (19 CFR 201.8). All written submissions must conform to the 
provisions of section 201.8 of the Commission's Rules of Practice and 
Procedure (19 CFR 201.8). Section 201.8 and the Commission's Handbook 
on Filing Procedures require that interested parties file documents 
electronically on or before the filing deadline and submit eight (8) 
true paper copies by 12:00 noon eastern time on the next business day. 
In the event that confidential treatment of a document is requested, 
interested parties must file, at the same time as the eight paper 
copies, at least four (4) additional true paper copies in which the 
confidential information must be deleted (see the following paragraph 
for further information regarding confidential business information). 
Persons with questions regarding electronic filing should contact the 
Secretary (202-205-2000).
    Any submissions that contain confidential business information must 
also conform with the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
be clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by interested parties.
    The Commission may include some or all of the confidential business 
information submitted in the course of the investigations in the report 
it sends to the USTR. The Commission will not

[[Page 47882]]

otherwise publish any confidential business information in a manner 
that would reveal the operations of the firm supplying the information.

    By order of the Commission.

     Issued: August 6, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-19636 Filed 8-9-12; 8:45 am]
BILLING CODE 7020-02-P