Request for Comments on Negotiating Objectives With Respect to Japan's Participation in the Proposed Trans-Pacific Partnership Trade Agreement, 26682-26684 [2013-10724]

Agencies

• Office of the United States Trade Representative

[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Notices]
[Pages 26682-26684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10724]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


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

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

ACTION: Request for comments and notice of a public hearing.

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SUMMARY: The United States intends to commence negotiations with Japan 
as part of the ongoing negotiations of a Trans-Pacific Partnership 
(TPP) trade agreement. Including Japan in the negotiations furthers the 
objective of achieving a high-standard, broad-based Asia-Pacific 
regional agreement. In order to develop U.S. negotiating positions, the 
Office of the United States Trade Representative (USTR) is seeking 
comments from the public on all issues related to Japan's participation 
in the TPP negotiations. USTR also seeks comments on negotiations to 
address certain non-tariff measures of Japan that will be conducted 
bilaterally in parallel to the TPP negotiations and addressed by the 
conclusion of the TPP negotiations.

DATES: Written comments are due by 11:59 p.m., June 9, 2013. Persons 
wishing to testify orally at the hearing must provide written 
notification of their intention, as well as a summary of their 
testimony, by 11:59 p.m., June 9, 2013. The hearing will be held on 
July 2 beginning at 9:30 a.m., in the Main Hearing Room of the United 
States International Trade Commission, 500 E Street SW., Washington, DC 
20436.

ADDRESSES: Comments from the public should be submitted electronically 
at www.regulations.gov. If you are unable to provide submissions at 
www.regulations.gov, please contact Yvonne Jamison, Trade Policy Staff 
Committee (TPSC), at (202) 395-3475, to arrange for an alternative 
method of transmission.

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
written comments, please contact Yvonne Jamison at the above number. 
All other questions regarding this notice should be directed to Jordan 
Heiber, Director for Japan Affairs, at (202) 395-5070.

SUPPLEMENTARY INFORMATION: 

1. Background

    In November 2011, Japan formally expressed its intention to seek 
consultations with the TPP countries regarding Japan's possible 
participation in the TPP negotiations. On December 7,

[[Page 26683]]

2011, USTR published a notice in the Federal Register (76 FR 76478), 
seeking public comments on Japan's possible participation in the TPP 
negotiations.
    On April 24, 2013, following Congressional consultations and after 
having reached consensus on Japan's participation with the other TPP 
negotiating partners, (Australia, Brunei Darussalam, Canada, Chile, 
Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam), the U.S. 
Trade Representative notified Congress that the President intends to 
commence negotiations with Japan 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 Japan to the 
group of TPP negotiating partners will contribute meaningfully to the 
achievement of these goals.
    USTR is observing the relevant procedures of the Bipartisan Trade 
Promotion Authority Act of 2002 (19 U.S.C. 3804) with respect to 
notifying and consulting with Congress regarding the TPP negotiations. 
These procedures include providing Congress with 90 days advance 
written notice of the President's intent to enter into negotiations and 
consultation with appropriate Congressional interests regarding the 
negotiations.
    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 effect 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 specific issues pertaining 
to Japan's participation in the TPP negotiations and with respect to 
the bilateral negotiations to address certain non-tariff measures of 
Japan on July 2, 2013. In addition, USTR has requested that the ITC 
provide advice to USTR on the probable economic effects of including 
Japan in a TPP trade agreement.

 2. Public Comments

    To assist USTR as it develops its negotiating objectives, 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 Japan's participation in the TPP negotiations and 
with respect to the bilateral negotiations to address certain non-
tariff measures (for details on specific non-tariff measures to be 
discussed in the bilateral parallel negotiations, please refer to the 
``Motor Vehicles Terms of Reference,'' which can be found at https://go.usa.gov/T5gQ, and the ``Non-Tariff Measures: U.S. Consultations with 
Japan'' fact sheet, which can be found at https://go.usa.gov/T5gB). 
Members of the public who submitted comments in response to the earlier 
request (76 FR 76478) 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 Japan, any concession that should 
be sought by the United States, or any other matter relevant to the 
inclusion of Japan in the proposed TPP agreement or the parallel 
bilateral negotiations on non-tariff measures. The TPSC Chair invites 
comments on all of these matters and, in particular, seeks comments 
regarding:
    (a) General and product-specific negotiating objectives for Japan 
in the context of the TPP negotiations;
    (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 Japan;
    (c) treatment of specific goods (described by HTSUS numbers) under 
the proposed TPP 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 Japan in the context of the TPP agreement;
    (d) adequacy of existing customs measures to ensure that qualifying 
imported goods from TPP countries, including Japan, receive 
preferential treatment, and appropriate rules of origin for goods 
entering the United States under the proposed TPP agreement;
    (e) existing sanitary and phytosanitary measures and technical 
barriers to trade imposed by Japan that should be addressed in the TPP 
negotiations;
    (f) existing barriers to trade in services between the United 
States and Japan that should be addressed in the TPP negotiations;
    (g) relevant electronic commerce and cross-border data flow issues 
that should be addressed in the TPP negotiations;
    (h) relevant investment issues that should be addressed in the TPP 
negotiations;
    (i) relevant competition-related matters that should be addressed 
in the TPP negotiations;
    (j) relevant government procurement issues, including coverage of 
any government agencies or state-owned enterprises engaged in 
procurements of interest, that should be addressed in the TPP 
negotiations;
    (k) relevant environmental issues that should be addressed in the 
TPP negotiations;
    (l) relevant labor issues that should be addressed in the TPP 
negotiations;
    (m) relevant trade-related intellectual property rights issues that 
should be addressed in the TPP 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 Japan's participation in the TPP 
negotiations might affect these new approaches. The TPSC Chair also 
invites comments on the impact of Japan's participation in the TPP 
negotiations on other trade-related priorities in the TPP agreement, 
including environmental protection and conservation, transparency, 
workers' rights and protections, development, and other issues.
    USTR has already provided a 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 Japan's 
participation in the negotiation. Further comments

[[Page 26684]]

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 
Japan's participation in the negotiations.
    A hearing will be held beginning at 9:30 a.m. on July 2, 2013 in 
the Main Hearing Room of the United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436. Persons wishing to 
testify at the hearing must provide written notification of their 
intention by 11:59 p.m., June 9. The intent to testify notification 
must be made in the ``Type Comment'' field under docket number USTR-
2013-0022 on the regulations.gov Web site and should include the name, 
address and telephone number of the person presenting the testimony. A 
summary of the testimony should be attached by using the ``Upload 
File'' field. The name of the file should also include who will be 
presenting the testimony. Remarks at the hearing should be limited to 
no more than five minutes to allow for possible questions from the 
TPSC.

3. Requirements for Submissions

    Persons submitting comments must do so in English and must identify 
(on the first page of the submission) ``Participation of Japan in the 
Trans-Pacific Partnership Trade Negotiations.'' In order to be assured 
of consideration, comments should be submitted by 11:59 p.m., June 9, 
2013. In order to ensure the timely receipt and consideration of 
comments, USTR strongly encourages commenters to make on-line 
submissions, using the www.regulations.gov Web site. To submit comments 
via www.regulations.gov, enter docket number USTR-2013-0022 on the 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 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 ``How to 
Use This Site'' on the left side of the home page).
    The www.regulations.gov Web site allows users to provide comments 
by filling in a ``Type Comment'' field, or by attaching a document 
using an ``Upload File'' field. USTR prefers that comments be provided 
in an attached document. If a document is attached, it is sufficient to 
type ``See attached'' in the ``Type Comment'' 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 ``Type Comment'' 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 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.
    As noted, USTR strongly urges submitters to file comments through 
www.regulations.gov, if at all possible. Any alternative arrangements 
must be made with Ms. Jamison in advance of transmitting a comment. Ms. 
Jamison should be contacted at (202) 395-3475. General information 
concerning USTR is available at www.ustr.gov.
    Comments will be placed in the docket and open to public 
inspection, except business confidential information. Comments may be 
viewed on the http:www.regulations.gov Web site by entering the 
relevant docket number in the search field on the home page.

Laurie-Ann Agama,
Acting Chairman, Trade Policy Staff Committee.
[FR Doc. 2013-10724 Filed 5-6-13; 8:45 am]
BILLING CODE 3290-F3-P