[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Notices]
[Pages 65031-65032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26377]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. TA-131-035 and TA 2104-027]


U.S.-Trans-Pacific Partnership Free Trade Agreement Including 
Malaysia: 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 October 5, 2010, of a request from the 
United States Trade Representative (USTR), the Commission instituted 
investigation nos. TA-131-035 and TA-2104-027, U.S.-Trans-Pacific 
Partnership Free Trade Agreement Including Malaysia: Advice on the 
Probable Economic Effect of Providing Duty-Free Treatment for Imports.

DATES: 
November 10, 2010: Deadline for filing requests to appear at the public 
hearing.
November 12, 2010: Deadline for filing pre-hearing briefs and 
statements.
November 17, 2010: Public hearing.
November 26, 2010: Deadline for filing post-hearing briefs and 
statements.
November 26, 2010: Deadline for filing all other written submissions.
January 7, 2011: Transmittal of Commission report to the United States 
Trade Representative.

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: Heidi Colby-Oizumi, Project Leader 
(202-205-3391, <a href="/cdn-cgi/l/email-protection#e68e838f828fc885898a849fa693958f9285c8818990"><span class="__cf_email__" data-cfemail="dfb7bab6bbb6f1bcb0b3bda69faaacb6abbcf1b8b0a9">[email protected]</span></a>), or Falan Yinug, Deputy Project 
Leader (202-205-2160, <a href="/cdn-cgi/l/email-protection#f791969b9699d98e9e998290b782849e8394d9909881"><span class="__cf_email__" data-cfemail="1a7c7b767b74346373746f7d5a6f69736e79347d756c">[email protected]</span></a>), 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, <a href="/cdn-cgi/l/email-protection#3d4a545151545c50135a585c4f555c4f497d484e54495e135a524b"><span class="__cf_email__" data-cfemail="34435d58585d55591a535155465c5546407441475d40571a535b42">[email protected]</span></a>). The 
media should contact Margaret O'Laughlin, Office of External Relations 
(202-205-1819, <a href="/cdn-cgi/l/email-protection#3855594a5f594a5d4c165754594d5f50545156784d4b514c5b165f574e"><span class="__cf_email__" data-cfemail="016c607366607364752f6e6d607466696d686f4174726875622f666e77">[email protected]</span></a>). 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 response to an earlier 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).
    In his letter of October 5, 2010, the USTR advised the Commission 
that Malaysia has 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 eight 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 eight TPP partner countries (Australia, 
Brunei Darussalam, Chile, Malaysia, 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 in force between the United States and TPP partner 
countries. The USTR asked that the advice be based on the HTS in effect 
during 2010 and trade data for 2008. 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 asked that the Commission identify in its report, among 
other things, any changes in its advice from the advice delivered on 
June 2, 2010, that did not include Malaysia. The USTR also stated that 
the Commission need not repeat analysis and discussion included in that 
earlier report. The USTR further asked that the Commission, to the 
extent appropriate, draw from discussion and analysis in its report 
delivered to USTR on June 30, 2006, relating to a U.S.-Malaysia FTA 
(investigation Nos. TA-131-033 and TA-2104-022, U.S.-Malaysia Free 
Trade Agreement: Advice Concerning the Probable Economic Effect of 
Providing Duty-Free Treatment for Imports).
    As requested, the Commission will provide its report to the USTR by 
January 7, 2011. 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.
    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 9:30 a.m., 
November 17, 2010. Requests to appear at the public hearing should be 
filed with the Secretary not later than 5:15 p.m., November 10, 2010, 
in accordance with the requirements in

[[Page 65032]]

the ``Submissions'' section below. All pre-hearing briefs and 
statements should be filed not later than 5:15 p.m., November 12, 2010; 
and all post-hearing briefs and statements should be filed not later 
than 5:15 p.m., November 26, 2010.
    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., 
November 18, 2010. All written submissions must conform with the 
provisions of Sec.  201.8 of the Commission's Rules of Practice and 
Procedure (19 CFR 201.8). Section 201.8 requires that a signed original 
(or a copy so designated) and fourteen (14) copies of each document be 
filed. In the event that confidential treatment of a document is 
requested, at least four (4) additional copies must be filed, in which 
the confidential information must be deleted (see the following 
paragraph for further information regarding confidential business 
information). The Commission's rules authorize filing submissions with 
the Secretary by facsimile or electronic means only to the extent 
permitted by section 201.8 of the rules (see Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf). 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 Sec.  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 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: October 15, 2010.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010-26377 Filed 10-20-10; 8:45 am]
BILLING CODE 7020-02-P


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