USTR Seeks Comments on ATPA/ATPDEA Beneficiary Countries’ Eligibility Criteria
The Office of the U.S. Trade Representative has issued a notice announcing that it is requesting comments on whether the designated beneficiary countries of the Andean Trade Preference Act, as amended by the Andean Trade Promotion and Drug Eradication Act of 2002, are meeting the eligibility criteria of these programs.
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Comments are due no later than 5 p.m. on May 12, 2010.
(Currently only three countries, Colombia, Ecuador, and Peru are designated as beneficiary ATPA/ATPDEA countries. Bolivia’s eligibility has been suspended1; however, USTR sources state that they currently anticipate including a section on Bolivia in USTR’s report to Congress and, therefore, comments may be submitted on all four countries.)
Comments to be Used in Preparing Report to Congress
Every two years, USTR is required to submit a report to Congress on the operation of the ATPA/ATPDEA (19 USC 3202(f)). The current report must be submitted not later than June 30, 2010. Before submitting the report, USTR is required to request comments on whether beneficiary countries are meeting certain criteria (see below for details).
The information in the comments USTR receives will be used in the preparation of its report to Congress.
ATPA/ATPDEA Beneficiary Countries Must Meet Certain Eligibility Criteria
ATPA/ATPDEA eligibility criteria includes (partial list):
- The extent to which the country has assured the U.S. it will provide equitable and reasonable access to the markets and basic commodity resources of such country;
- The degree to which the country uses export subsidies or imposes export performance requirements or local content requirements (which distort international trade); and
- The extent to which the country has taken steps to support the efforts of the U.S. to combat terrorism.
1Bolivia was suspended from the ATPA/ATPDEA programs by Proclamation 8323 on December 15, 2008. In its June 2009 report to Congress, USTR did not determine that Bolivia satisfied ATPA/ATPDEA eligibility criteria, so no preferred treatment for Bolivia remained in effect after June 30, 2009. On December 28, 2009, President Obama signed legislation extending the ATPA program through December 31, 2010.
(See ITT’s Online Archives or 12/30/09 news, (Ref: 09123005), for BP summary of the extension of ATPA/ATPDEA.
See ITT’s Online Archives or 12/05/08 daily news, (Ref: 08120505), for BP summary of the suspension of Bolivia from ATPA/ATPDEA.)
USTR Contact - Bennett Harman (202) 395-3475
USTR notice (FR Pub 04/15/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-8629.pdf.