Daily Rules, Proposed Rules, and Notices of the Federal Government
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.
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
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,
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,
Any submissions that contain confidential business information must also conform with the requirements of section 201.6 of the
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
By order of the Commission.