WT/L/890  
 
9 July 2013  
(13-3623)  Page: 1/5  
General Council 
24-25 July 2013  Original: English  
 
UNITED STATES – ANDEAN TRADE PREFERENCE ACT 
REPORT OF THE GOVERNMENT OF THE UNITED STATES FOR THE YEAR 2012 
UNDER THE DECISION OF 27 MAY 20091 
The following communication, dated 4 July 2013, is being circulated at the request of the 
Delegation of the United States. 
 
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1  INTRODUCTION 
1.1.  On 27 May 2009, the United States was granted a waiver (WT/L/755) from its obligations 
under paragraph 1 of Article I and paragraphs 1 and 2 of Article XIII of the GATT 1994 to the 
extent necessary to permit the United States Government to provide duty-free treatment to 
eligible products of beneficiary Andean countries as authorized by the provisions of the Andean Trade Preference Act (ATPA) as amended by the Andean Trade Promotion and Drug Eradication Act 
(ATPDEA), without being required to extend the sa me duty-free treatment to like products of any 
other Member. This waiver expires on 31 December 2014. 
1.2.  Under the terms of this waiver, the United States is required to submit to the General Council 
an annual report on the implementation of the tr ade-related provisions of the ATPA as amended 
with a view to facilitating the annual review provided for in paragraph 4 of Article IX of the WTO 
Agreement. This report covers calendar year 2012. 
2  DUTY-FREE TREATMENT UNDER THE ATPA 
2.1.  Section 202 of the ATPA authorizes the Presid ent of the United States to provide duty-free or 
other preferential treatment to products from four Andean countries - Plurinational State of Bolivia, Colombia, Ecuador, and Peru. The ATPDEA amende d the ATPA to allow duty-free treatment for 
certain products previously excluded under the ATPA, including: certain textile and apparel 
articles, footwear, tuna packaged in foil or other flexible packages, petroleum and petroleum 
derivatives, watches and watch parts, and certai n leather goods. The ATPA was renewed through 
12 February 2011, but then lapsed. Legislation en acted on 21 October 2011 restored the program 
retroactively and extended it through 31 July 2013.   
2.2.  At the time of the 2011 reauthorization, only  Colombia and Ecuador were eligible beneficiary 
countries.  Peru’s benefits under ATPA/ATPDEA expired after 31 December 2010 in light of its free 
trade agreement with the United States. Section 203 and 204(b)(6)(B) of the ATPA sets forth 
criteria for the President to consider when designating a country as a beneficiary country under the ATPA. The President suspended Plurinational State of Bolivia's designation as a beneficiary country 
under the ATPA, effective 15 December 2008, and Pl urinational State of Bolivia has received no 
benefits under the ATPA/ATPDEA since that date. 
3  ATPA PERFORMANCE 3.1.  The main goal of the ATPA is to promot e broad-based economic growth and development in 
the Andean countries. Specifically, the program aims to develop sustainable economic alternatives 
                                               
1 WT/L/755. WT/L/890 
 
- 2 - 
 
  to coca cultivation and cocaine production by offering Andean products broader access to the US 
market. Over the last several years, US trade with the ATPA/ATPDEA countries has been characterized by expanding trade with a shrinking group of countries. Colombia exited the program on May 15, 2012 as the result of the entr y into force of the United-States Colombia Trade 
Promotion Agreement (CTPA), leaving Ecuador as the sole remaining beneficiary.
2  Over the past 
five years, U.S. imports from the ATPA/ATPDEA co untries increased 62 per cent, despite the exit of 
Bolivia and Peru from the program.  US impo rts under ATPA/ATPDEA, which had fallen from 
$14.4 billion in 2010 to $4.4 billion in 2011 (due to an eight month lapse in the programme), 
increased by 160 per cent to $11.4 billion in 2012. ATPA/ATPDEA entries from Ecuador increased 244 per cent to $5.9 billion in 2012, from $1.7 billion in 2011. 
3.2.  Mineral fuels, oils and gases accounted for 92 per cent of US imports under ATPA/ATPDEA in 
2012. In 2012, higher petroleum prices were primarily responsible for the increased share, but the 
quantity of petroleum imports also increased.  Cu t flowers constituted the next largest category of 
imports under ATPA/ATPDEA, accounting for four per cent of the total. The third largest category, 
accounting for just over one per cent, was fresh,  frozen, and prepared fruits and vegetables. 
Imports of other products, including prepared and preserved tuna and apparel products, made up small shares of the total. Due to the comparatively low imports under ATPA/ATPDEA in 2011 due 
to the lapse of the program in that year, all of the major import categories increased in 2012 by 
substantial amounts. 
3.3.  Statistical annexes are provided to present a detailed description of the trade aspects of the 
ATPA programme from 2004 to 2012. 
Table 1 provides summary information on US imports for consumption under ATPA from 2004 to 
2012.  
Table 2  provides information on leading US imports under ATPA preferences, by product, from 
2010 to 2012.  
Table 3  provides information on US trade with ATPA countries from 2004 to 2012. 
 
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2 Colombia was the source of nearly half of U.S.  imports under the ATPA/ATPDEA program in 2012, and 
is counted as an ATPA/ATPDEA country in 2012.  
  WT/L/890  
 
- 3 - TABLE 1 
US IMPORTS FOR CONSUMPTION UNDER ATPA PROVISIONS, BY SOURCES, 2004-20123 
 
Source 2004 2005 2006 2007 2008 2009 2010 2011 2012 
  Value (1,000 dollars) 
Colombia  3,888,888 4,653,248  4,791,187  4,527,659  7,339,233  5,589,485  9,472,561  2,674,630  5,535,958  
Ecuador 2,747,335 4,370,654  5,325,193  4,613,792  6,594,774  2,748,446  4,179,067  1,705,504  5,869,521  
Peru 1,602,673 2,282,661  3,201,851  3,017,244  3,168,702  1,376,312  759,278  4,751  113 
Bolivia 120,363 157,386  166,216  148,148  139,966  0 0 0 0 
Total 8,359,258 11,463,949  13,484,448  12,306,843  17,242,675  9,714,243  14,410,906  4,384,885  11,405,592  
  Percent of total 
Colombia  46.52 40.59  35.53  36.79  42.56  57.54  65.73  61.00  48.54  
Ecuador 32.87 38.13  39.49  37.49  38.25  28.29  29.00  38.90  51.46  
Peru 19.17 19.91  23.74  24.52  18.38  14.17  5.27 0.11 (a) 
Bolivia 1.44 1.37 1.23 1.20 0.81 0.00 0.00 0.00 0.00 
Total 100.00 100.00  100.00  100.00  100.00  100.00  100.00  100.00  100.00  
a Less than 0.005 per cent. 
Note:  Because of rounding, figure s may not add to totals given. 
Source:  Compiled from offi cial statistics of the US Department of Commerce. 
  
                                               
3 Includes imports from all ATPA countries for all years, includ ing Plurinational State of Bolivia.  Bolivia was not eligible fo r ATPA preferences as of 15 December 2008, Peru’s 
eligibility ended in 2011, and Colombia in 2012. WT/L/890 
 
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  TABLE 2 
LEADING US IMPORTS FOR CONSUMPTION UNDER ATPA PROVISIONS, 2010-2012 
HTS 
Number Change 
Description 2010 2011 2012 2011 - 2012 
Value (millions of dollars) Per cent 
2709.00.10 Petroleum oils and oils from bituminous minerals, crude, 
testing under 25 degrees A.P.I. 8,772 2,772 8,505 206.8 
2709.00.20 Petroleum oils and oils from bituminous minerals, crude, 
testing 25 degrees A.P.I. or more 3,172 857 1,523 77.8 
2710.19.06 Distillate and residual fuel oil (including blends) derived 
from petroleum or oils from bituminous minerals, testing > 
25 degrees A.P.I. NV NV 316 NA 
0603.11.00 Sweetheart, Spray and ot her Roses, fresh cut 314 140 245 75.0 
0603.19.01 fresh cut, Anthuriums, Alstro emeria, Gypsophilia, Lilies, 
Snapdragons and flowers, nesoi NV NV 125 NA 
2710.12.45 Light oil mixt. of hydrocarbons fr petro oils & bitum 
min(o/than crude) or prep 70%+ wt. fr petro oils, nesoi, 
n/o 50% any single hydrocarbon NV NV 68 NA 
0603.14.00 Chrysanthemums, fresh cut 97 34 53 55.6 
1604.14.30 Tunas and skipjack, not in oil, in airtight containers, n/o 7 
kg, not of U.S. possessions, over quota 44 10 53 428.1 
2710.12.25 Naphthas (exc. motor fuel/mtr  fuel blend. stock) fr 
petroleum oils & bitumin minera ls (o/than crude) or preps 
70%+ by wt. fr petroleum oils NV NV 42 NA 
1604.14.40 Tunas and skipjack, not in airtight containers, not in oil, in 
bulk or in immediate containers  weighing with contents over 
6.8 kg each 23 6 29 382.7 
0603.12.70 Other Carnations, fresh cut 40 19 27 42.8 
0710.80.97 Vegetables nesoi, uncooked or  cooked by steaming or 
boiling in water, frozen, reduced in size 24 6 23 309.6 
2008.99.15 Bananas, other than pulp, otherwise prepared or preserved, 
nesoi 14 4 23 419.3 
0804.50.40 
Guavas, mangoes, and mangos teens, fresh, if entered 
during the period September 1 through May 31, inclusive 12 15 21 42.3 
6203.42.40 Men's or boys' trousers and sh orts, not bibs, not knitted or 
crocheted, of cotton, not containing 15% or more by weight 
of down, etc 66 10 15 53.1 
0603.12.30 Miniature (spray) carnations, fresh cut 22 9 14 58.7 
3904.10.00 Polyvinyl chloride, not mixed with any other substances, in 
primary forms 23 8 14 73.3 
1604.14.10 Tunas and skipjack, whole or in pieces, but not minced, in 
oil, in airtight containers 12 2 12 462.9 
7610.10.00 Aluminum, doors, windows and their frames and thresholds 
for doors 17 5 12 123.6 
0714.90.10 Fresh or chilled dasheens, whether or not sliced or in the 
form of pellets 12 3 11 234.1 
Total of all Above 12,665 3,900 11,130 185.4 
All Other 1,746 485 276 -43.2 
Total 14,411 4,385 11,406 160.1 
 
Note:  Because of rounding, figures may not add to totals given.  The abbrevia tion "nesoi" stands for "not elsewhere 
specified or otherwise included." Because of rounding, figures may not add to totals given. NV indicates the tariff line was 
not valid in that year.  NA indicates a calculation was not applicable. 
Source:  Compiled from offi cial statistics of the US Department of Commerce. 
 WT/L/890 
 
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  TABLE 3 
US TRADE WITH ATPA BENEFICIARY COUNTRIES, 2004-20124 
Year US Exports5 Share of US 
exports to 
the world US Imports6 Share of US 
imports to 
the world US Trade 
Balance 
Millions dollars Per cent Millions dollars Per cent Millions dollars 
2004 7,663.6  1.1 15,235.7  1.0 -7,572.1  
2005 8,919.1  1.1 19,853.6  1.2 -10,934.5  
2006 11,636.5  1.3 22,242.0  1.2 -10,605.5  
2007 14,620.5  1.4 20,662.4  1.1 -6,041.9  
2008 19,762.7  1.7 28,261.2  1.4 -8,498.5  
2009 16,697.3  1.8 20,636.4  1.3 -3,939.1  
2010 22,078.1  2.0 28,105.5  1.5 -6,027.4  
2011 25,759.0  2.0 37,949.6  1.7 -12,190.6  
2012 28,507.3  2.1 40,567.9  1.8 -12,060.5  
 
Note: Because of rounding, figure s may not add to totals given . 
Source:   Compiled from official statistics of  the US Department of Commerce.  
 
 
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4 Includes imports from all ATPA countries for all years, including Bolivia. Bolivia was not eligible for 
ATPA preferences as of 15 December 2008, Peru’s eligibility ended in 2011, and Colombia in 2012. 
5 Domestic exports, f.a.s. basis. 
6 Imports for consumption, customs value.