[Ip-health] USTR's Request for Comments & Notice of Public Hearing on US-Malaysia FTA

[Mike Palmedo]

IMPORTANT DATES:

April 21 - Deadline for signing up to give testimony at the hearing
May 3 - Date of the hearing
May 12 - Deadline for submission of written comments
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THE FULL ANNOUNCEMENT AS PUBLISHED IN THE FEDERAL REGISTER:

http://frwebgate6.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=3D039671200=
565+0+0+0&WAISaction=3Dretrieve

[Federal Register: March 22, 2006 (Volume 71, Number 55)]
[Notices]
[Page 14558-14559]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr06-110]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Request for Comments and Notice of Public Hearing Concerning Proposed
United States-Malaysia Free Trade Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of intent to initiate negotiations on a free trade
agreement between the United States and Malaysia, request for comments,
and notice of public hearing.

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SUMMARY: The United States intends to initiate negotiations with
Malaysia on a free trade agreement (FTA). The interagency Trade Policy
Staff Committee (TPSC) will convene a public hearing and seek public
comment to assist the United States Trade Representative (USTR) in
amplifying and clarifying negotiating objectives for the proposed
agreement and to provide advice on how specific goods and services and
other matters should be treated under the proposed agreement.

DATES: Persons wishing to testify orally at the hearing must provide
written notification of their intention, as well as their testimony, by
April 21, 2006. A hearing will be held in Washington, DC, beginning on
May 3, 2006, and will continue as necessary on subsequent days. Written
comments are due by noon, May 12, 2006.

ADDRESSES: Submissions by electronic mail (notice of intent to testify,
written testimony) should be submitted to: FR0443@ustr.gov (written
comments). Submissions by facsimile: Gloria Blue, Executive Secretary,
Trade Policy Staff Committee, at (202) 395-6143. The public is strongly
encouraged to submit documents electronically rather than by facsimile.
(See requirements for submissions below.)

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning
written comments or participation in the public hearing, contact Gloria
Blue, Executive Secretary, Trade Policy Staff Committee, at (202)
395-3475. All other questions should be directed to Jeri Jensen, Deputy
Assistant U.S. Trade Representative for Southeast Asia and Pacific
Affairs, at (202) 395-6813 or Ted Posner, Office of the General Counsel,
(202) 395-9512.

SUPPLEMENTARY INFORMATION:

1. Background

Under section 2104 of the Bipartisan Trade Promotion Authority Act of
2002 (TPA Act)(19 U.S.C. 3804), for agreements that will be approved and
implemented through TPA procedures, the President needs to provide the
Congress with at least 90 days written notice of his intent to enter
into negotiations and identify the specific objectives for the
negotiations. Before and after the submission of this notice, the
President is to consult with appropriate Congressional committees and
the Congressional Oversight Group regarding the negotiations. Under the
Trade Act of 1974, as amended, the President must (i) Afford interested
persons an opportunity to present their views regarding any matter
relevant to any proposed agreement, (ii) designate an agency or
inter-agency committee to hold a public hearing regarding any proposed
agreement, and (iii) seek the advice of the U.S. International Trade
Commission (USITC) regarding the probable economic effects on U.S.
industries and consumers of the removal of tariffs and non-tariff
barriers on imports pursuant to any proposed agreement.

On March 8, 2006, after consulting with relevant Congressional
committees and the Congressional Oversight Group, the USTR notified the
Congress that the President intends to initiate free trade agreement
negotiations with Malaysia and identified specific objectives for the
negotiations. In addition, the USTR has requested the USITC's probable
economic effects advice. The USITC intends to provide this advice by
June 30, 2006. This notice solicits views from the public on these
negotiations and provides information on a hearing, which will be
conducted pursuant to the requirements of the Trade Act of 1974.

2. Public Comments and Testimony

To assist the Administration as it continues to develop its negotiating
objectives for the proposed agreement, the Chairman of the TPSC invites
written comments and/or oral testimony of interested persons at a public
hearing. 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 which should be sought by the
United States, or any other matter relevant to the proposed agreement.
The TPSC invites comments and testimony on all of these matters and, in
particular, seeks comments and testimony addressed to:

(a) General and commodity-specific negotiating objectives for the
proposed agreement.

(b) Economic costs and benefits to U.S. producers and consumers or
removal of tariffs and non-tariff barriers to U.S.-Malaysia trade.

(c) Treatment of specific goods (described by Harmonized System tariff
numbers) under the proposed 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) In the case of articles for which immediate elimination of tariffs
is not appropriate, a recommended staging schedule for such elimination.

(d) Adequacy of existing customs measures to ensure Malaysian origin of
imposed goods, and appropriate rules of origin for goods entering the
United States under the proposed agreement.

(e) Existing Malaysian sanitary and phytosanitary measures and technical
barriers to trade.

(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.

Comments identifying as present or potential trade barriers laws or
regulations that are not primarily trade-related should address the
economic, political and social objectives of such laws or regulations
and the degree to which they discriminate against producers of the other
country. At a later date, the USTR, through the TPSC, will publish
notice of reviews regarding (a) the possible environmental effects of
the proposed agreement and the scope of the U.S. environmental review of
the proposed agreement, and (b) the impact of the proposed agreement on
U.S. employment and labor markets.

A hearing will be held beginning on May 3, 2006, in Rooms 1, and 2, 1724
F Street, NW., Washington, DC. If necessary, the hearing will continue
on subsequent days. Persons wishing to testify at the hearing must
provide written notification of their intention by April 21, 2006. 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 summit written comments by noon, May 12, 2006. Written comments may
include rebuttal points demonstrating errors of fact or analysis not
pointed out in the hearing. All written comments must state clearly the
position taken, describe with particularity the supporting rationale,
and be in English. The first page of written comments must specify the
subject matter, including, as applicable, the product(s) (with HTSUS
numbers), service sector(s), or other subjects (such as investment,
intellectual property and/or government procurement).

3. Requirements for Submissions

In order to facilitate prompt processing of submissions, the Office of
the United States Trade Representative strongly urges and prefers
electronic (e-mail) submissions in response to this notice. In the event
that an e-mail submission is impossible, submissions should be made by
facsimile.

Persons making submissions by e-mail should use the following subject
line: ``United States-Malaysia Free Trade Agreement'' followed by (as
appropriate) ``Notice of Intent to Testify,'' ``Testimony,'' or
``Written Comments.'' Documents should be submitted as MSWord files or
Word Perfect. Supporting documentation submitted as spreadsheets are
acceptable as Quattro Pro or Excel. For any document containing business
confidential information submitted electronically, the file name of the
business confidential version should begin with the characters ``BC-'',
and the file name of the public version should begin with the characters
``P-''. The ``P-'' or ``BC-'' should be followed by the name of the
submitter. Persons who make submissions by e-mail should not provide
separate cover letters; information that might appear in a cover letter
should be included in the submission itself. To the extent possible, any
attachments to the submission should be included in the same file as the
submission itself, and not as separate files.

Written comments, notice of testimony, and testimony will be placed in a
file open to public inspection pursuant to 15 CFR 2003.5, except
business confidential information exempt from public inspection in
accordance with 15 CFR 2003.6. Business confidential information
submitted in accordance with 15 CFR 2003.6 must be clearly marked
``Business Confidential'' at the top of each page, including any cover
letter or cover page, and must be accompanied by a nonconfidential
summary of the confidential information. All public documents and
nonconfidential summaries shall be available for public inspection in
the USTR Reading Room. The USTR Reading Room is open to the public, by
appointment only, from 10 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday
through Friday. An appointment to review the file must be scheduled at
least 48 hours in advance and may be made by calling (202) 395-6186.

General information concerning the Office of the United States Trade
Representative may be obtained by accessing its Internet Web site
(http://www.ustr.gov).


Carmen Suro-Bredie,
Chairman, Trade Policy Staff Committee.
[FR Doc. 06-2773 Filed 3-21-06; 8:45 am]
BILLING CODE 3190-W6-M

--
Mike Palmedo
Research and Web
Consumer Project on Technology
T =96 202-332-2670
F =96 202-332-2673
mpalmedo@cptech.org