Friday, December 04, 2015

TPP definitions from O thru R

originating means qualifying under the rules of origin set out in Chapter 3 (Rules of Origin and Origin Procedures) (click here) 

Executive Summary Chapter 3

TPP’s Rules of Origin and Origin Procedures chapter creates rules of origin defining what it means for a product to be originating from TPP partner countries and thereby eligible for TPP benefits. It also creates the mechanisms for enforcing these rules. Together, this makes sure the agreement’s benefits go to TPP Parties that are taking on the Agreement’s high-standard, ambitious obligations. TPP’s strong rules of origin will help remove incentives for U.S. companies to move production abroad and encourage them to keep high-paying jobs in the United States

or Chapter 4 (Textiles and Apparel) (click here);

Executive Summary
TPP’s Textiles and Apparel chapter will create export opportunities for Made-in-America clothes, fabrics, and yarns and support jobs in the United States. This objective is advanced by a “yarn-forward” approach that requires use of yarns and fabrics from TPP countries in end products qualifying for preferential treatment under TPP—with some flexibility so that American businesses and workers whose products depend on inputs not available within the TPP region can still benefit. The yarn-forward approach also will help to develop a regionally-integrated supply chain that will promote long-term growth and investment in this sector in the United States.  The Textiles and Apparel chapter also secures close customs cooperation among TPP Parties to facilitate effective enforcement of the rules; and ensures that U.S. companies have access to temporary relief if an import surge causes, or threatens to cause, serious damage to their business.

Party means any State or separate customs territory for which this Agreement is in force;

There is a separation it would seem between state and custom territory. Islands that are a country's possession?

person means a natural person or an enterprise;

Well, the USA Supreme Court now defines 'an enterprise' as a person in an international treaty. That changes the national standard of many countries and now it pervades the definition 36 percent of the world's GDP.

TPP with 11 other like-minded countries (Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam) that share a commitment to concluding a high-standard, ambitious agreement and to expanding the initial group to include additional countries throughout the Asia-Pacific region

All these countries are willing to allow citizenship to enterprises? That means Wall Street has citizen rights in all these countries

It seems to me this assaults sovereignty and tilts leverage to Wall Street. There aren't PACs in these countries. Some of these countries cannot afford such instruments to resist Wall Street's power in their country. Vietnam is lost to Wall Street's whims. This is toxic and I can't believe enterprises including their money has this kind of global power over sovereign and democratized governments.

There are many, many reasons for members of Congress to defeat this trade agreement. It is overreaching. Absolutely. 

person of a Party means a national or an enterprise of a Party; 

preferential tariff treatment means the customs duty rate applicable to an originating good, pursuant to each Party’s Tariff Elimination Schedule set out in Annex 2-D (Tariff Elimination);

Preferential tariff Treatment is a schedule of lower rates or other advantages over others.

NAFTA had the same provision (click here).

SUBJECT: FILING AND PROCESSING CLAIMS UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA) 1 PURPOSE. 

This directive provides policy and instructions for filing claims under the North American Free Trade Agreement (NAFTA), including post-importation and corrected claims. It also outlines the procedures for processing such claims. This directive should be read in conjunction with 19 CFR 181, Subparts C and D....
  
NAFTA calls it special or preferential.

Got that? A Party can import products or services with an allowance to 'catch up' with any tariff or tax. Just like filing a new income tax form when errors are made. 

Here is something else.  

What happens "Most Favored Nation" status (MFN)? This has been a policy the USA has used successfully against human rights abuses. This practice by the USA is can be completely dissolved under TPP if enterprises are treated like citizens. Just to note MFN is minimized within the WTO structure. The reason MFN is usually dissolved in trade agreements is to prevent government interference with Wall Street.

recovered material means a material in the form of one or more individual parts that results from:
(a) the disassembly of a used good into individual parts; and
(b) the cleaning, inspecting, testing or other processing of those parts as necessary for improvement to sound working condition;

Material recycled falls under this agreement. There are small businesses that specialize in selling merchandise made from recycled material in the USA. While this is 'nice' I am not convinced American small businesses such as the one that recycles materials can afford marketing and shipping to foreign countries.  

American Small Businesses will have to form a cooperative for the explicit reason of lobbying. The cooperatives can be specialized to the product if there are enough members to carry lobbyists. Cooperatives can be non-profits and have a Board of Trustees to hire employees and set agendas. But, under TPP I don't see a cooperative of small businesses/local economies as an option. Eventually, the cooperative will have to have the capacity to hire lawyers as well. The cost of these activities need to be considered seriously because it might increase costs of marketed products and/or services. 

However, the cooperative will minimize that cost and distribute the cost to member organizations. Non-profits are also allowed to raise money to fund these demands as well. These are not political PACS, but, a non-profit to educate the public about choices and insure ECONOMIC stability. I would think of them as ECONOMIC PACS.

I am also thinking the sovereign borders of a city or town could be included in such a non-profit, but, none of the monies can be used for political purposes. Including a government structure as a member or two members of the Board of Trustees would result in expediency of implementation of the agenda of the organization.   

I think such an organization would fall under C3 and political falls under C4.

Avoid corruption and entities that are unhelpful.
 
remanufactured good means a good classified in HS Chapters 84 through 90 or under heading 94.02 except goods classified under HS headings 84.18, 85.09, 85.10, and 85.16, 87.03 or subheadings 8414.51, 8450.11, 8450.12, 8508.11, and 8517.11, that is entirely or partially composed of recovered materials and:
(a) has a similar life expectancy and performs the same as or similar to such a good when new; and
(b) has a factory warranty similar to that applicable to such a good when new; 

Remanufactered Goods: An overview of the USA and Global Industries, Markets and Trade (click here) 

Abstract (Page i) 

Remanufacturing is an industrial process that restores end-of-life goods to their original working condition. This report provides an overview of U.S. remanufactured
goods industries and markets, estimates U.S. trade in remanufactured goods, and examines major factors that affected U.S. sales, trade, and investment during 2009–11. The United States is the largest remanufacturer in the world, and between 2009 and 2011, the value of U.S. remanufactured production grew by 15 percent to at least $43.0 billion, supporting 180,000 full-time U.S. jobs. The remanufacturing-intensive sectors that account for the majority of remanufacturing activity in the United States include
aerospace, consumer products, electrical apparatus, heavy-duty and off-road equipment, information technology products, locomotives, machinery, medical devices, motor vehicle parts, office furniture, restaurant equipment, and retreaded tires. U.S. exports of remanufactured goods totaled $11.7 billion in 2011; almost 40 percent of the total went to free trade agreement partners. Foreign remanufacturers that have
invested in the United States account for about one-sixth of U.S. trade in remanufactured goods and cores (the used or discarded component that is remanufactured). Although the United States and Europe currently account for the bulk of remanufacturing activities and associated trade, other countries are developing their own remanufacturing industries. In foreign markets, regulatory barriers, import bans,
and the lack of a common definition of remanufactured goods limit trade in remanufactured goods and cores.

This overview was prepared by (USIT) United States International Trade Commission (click here)

regional level of government has for each Party the meaning set out at Annex 1-A (Party-Specific Definitions):

This is out of Annex 1:

Subject to Legal Review (click here) in English, Spanish and French for Accuracy, Clarity and Consistency Subject to Authentication of English, Spanish and 
French Versions

Ready to learn a few new languages? Local libraries can obtain translation services with or most likely without a fee. Local libraries are supported by local taxes. There are lot of services, including a Reference Librarian, the average small business person doesn't tap for any issue. Reference Librarians are good thing. It is their job to be helpful.

In Annex 1 the definition of "level of government" is e.  REGIONAL is a big deal and so far I haven't run into definitions of regional. But, not to be undone I found something else to bring meaning and clarity to the 'idea' of regional. To my way of thinking as if in the USA this is like the difference between federal and state or state and local government.

...The provincial governments (click here) have a similar constitutional arrangement to the national government and have concurrent power with the latter in areas such as agriculture, business development, town planning, forestry and natural resources. National laws, however, take precedence over provincial laws if there is a conflict. The minister responsible for provincial government and local-level government must deliver a report on the working of the system of provincial governments and local-level governments at least once a year. Local government bodies in Papua New Guinea include local government councils and local government authorities established under the pre-Independence law known as the Local Government Act of 1963.... 

The problem is how does any business person with their own enterprise know if the French and Spanish versions are directly interpreted the same of the English version and vice versa? No language on Earth directly translates EXACTLY to or out of English. It just the way it is. So, where business people run into a hideous idea in new trade agreements, get a copy of the translated provision in all three applications. 

The word that defines the difference in language translation is SYNTAX. Every language has it's own construction.