WORLD TRADE  
ORGANIZATION   
WT/L/860 
5 July 2012 
 (12-3597) 
General Council 
25-26 July 2012 
  
  Original:   English 
UNITED STATES – ANDEAN TRADE PREFERENCE ACT 
 
Report of the Government of the United States for the Year 2011 
under the Decision of 27 May 20091 
   The following communication, dated 2 July 2012,  is being circulated at the request of the 
Delegation of the United States. 
 
_______________ 
 
 
1. Introduction 
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 XI II 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 Promoti on and Drug Eradication Act (ATPDEA), without 
being required to extend the same duty-free treatmen t to like products of any other Member.  This 
waiver expires on 31 December 2014. 
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 trade- 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 2011. 
2. Duty-free Treatment under the ATPA 
3. Section 202 of the ATPA authorizes the President of the United States to provide duty-free or 
other preferential treatment to products from four A ndean countries - Plurinational State of Bolivia, 
Colombia, Ecuador, and Peru.  The ATPDEA ame nded the ATPA to allow duty-free treatment for 
certain products previously excluded under the ATPA , including: certain textil e and apparel articles, 
footwear, tuna packaged in foil or other flexib le packages, petroleum a nd petroleum derivatives, 
watches and watch parts, and certain leat her goods.  The ATPA was renewed through 
12 February 2011, but then lapsed.  Legislati on enacted on 21 October 2011 restored the program 
retroactively and extended it through 31 July 20 13.  Peru’s benefits under ATPA/ATPDEA expired 
after 31 December 2010 due to its having a free trad e agreement with the United States. Section 203 
and 204(b)(6)(B) of the ATPA sets forth criteria fo r the President to consider when designating a 
country as a beneficiary country under the ATPA.  The President suspended Plurinational State of 
                                                      
1 WT/L/755. WT/L/860 
Page 2  
 
  Bolivia's designation as a beneficiary country u nder the ATPA, effective 15 December 2008, and 
Plurinational State of Bolivia has received no bene fits under the ATPA/ATPDEA since that date.   
3. ATPA Performance 
4. The main goal of the ATPA is to promote br oad-based economic growth and development in 
the Andean countries.  Specifically, the program aims  to develop sustainable economic alternatives to 
coca cultivation and cocaine production by offeri ng Andean products broader access to the US 
market.  US imports afforded duty-free entry unde r the ATPA increased by value about 350 per cent 
from 2001 (the last full year of the original ATPA program) to 2003 (the first full year the ATPA was 
expanded by the ATPDEA).  US imports under the ATPA grew in value by 248 per cent between 
2003 and 2010, but then dropped to pre-2003 levels during 2011 due to an eight month lapse in the 
programme.  A significant portion of the variati on in the value of goods imported under the ATPA 
can be attributed to the ATPDEA’s inclusion of petroleum products, which varied in price and were 
affected by the recent economic slowdown.  Total U.S. imports from the ATPA countries by value 
rose by 329 per cent from 2003 to 2011. 
Among the 20 leading imports for consumption under ATPA/ATPDEA in 2011, petroleum 
products accounted for $3.9 billion of imports, followe d by cut flowers with a value of $266 million. 
Fruits and vegetables accounted for $25 million of  import preference claims, followed by $17 million 
of tuna and skipjack. Apparel imports accounted for $10 million.  
Colombia and Ecuador were the only benefici aries under the ATPA/ATPDEA in 2011, with 
Colombia garnering a 61 per cent share of impor ts under the program to Ecuador's 39 per cent. 
 
5. Statistical annexes are provided to present a detailed description of the trade aspects of the 
ATPA programme from 2003 to 2011. 
_______________ 
  
Table 1 provides summary information on US imports for consumption under ATPA from 2003 to 
2011.  Table 2  provides information on leading US imports under ATPA preferences, by product, from 2009 
to 2011. 
 
Table 3  provides information on US trade with ATPA countries from 2003 to 2011. 
  
   WT/L/860
 Page 3TABLE 1 
US Imports for Consumption under ATPA Provisions, by Sources, 2003-20112 
 
Source 2003 2004 2005 2006 2007 2008 2009 2010 2011 
 Value (1,000 dollars) 
Colombia 2,908,692 3,888,888 4,653,248 4,791,187 4,527,659 7,339,233 5,589,485 9,472,561 2,674,630 
Ecuador 1,553,604 2,747,335 4,370,654 5,325,193 4,613,792 6,594,774 2,748,446 4,179,067 1,705,504 
Peru 1,279,283 1,602,673 2,282,661 3,201,851 3,017,244 3,168,702 1,376,312 759,278 4,751 
Bolivia 94,453 120,363 157,386 166,216 148,148 139,966 0 0 0 
Total 5,836,032 8,359,258 11,463,949 13,484,448 12 ,306,843 17,242,675 9,714,243 14,410,906 4,384,885 
 Per cent of total 
Colombia 49.84 46.52 40.59 35. 53 36.79 42.56 57.54 65.73 61.00 
Ecuador 26.62 32.87 38.13 39.49 37.49 38.25 28.29 29.00 38.90 
Peru 21.92 19.17 19.91 23.74 24.52 18.38 14.17 5.27 0.11 
Bolivia 1.62 1.44 1.37 1.23 1.20 0.81 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 
Source :  Compiled from official statistics of the U.S. Department of Commerce. 
 
  
                                                      
2 Includes imports from all ATPA countries for all years, including Plurinational State of Bolivia.  Bolivia was not eligible fo r ATPA preferences as of 
15 December 2008, and Peru was not e ligible as of 1 January 2011.   WT/L/860 
Page 4  
 
  TABLE 2  
Leading US Imports for Consumption under ATPA Provisions, 2009-2011 
 
HTS 
number Description 2009 2010 2011 Change 
2010-2011 
Value (millions of 
dollars) Per cent 
2709.00.10 Petroleum oils and oils from bituminous minerals, crude, 
testing under 25 degrees A.P.I. 6,036 8,772 2,772 -68.4 
2709.00.20 Petroleum oils and oils from bituminous minerals, crude, 
testing 25 degrees A.P.I. or more 921 3172 857 -73.0 
2710.19.05 Distillate and residual fuel oil (including blends) derived from 
petroleum or oils from bituminous minerals, testing under 25 
degrees A.P.I. 245 310 216 -30.5 
0603.11.00 Sweetheart, Spray and other Roses, fresh cut 305 314 140 -55.4 0603.19.00 fresh cut, Anthuriums ,Alstroemeria,Gypsophilia,Lilies, 
Snapdragons and flowers, nesoi 188 212 64 -69.6 
2710.11.45 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 32 65 48 -26.0 
0603.14.00 Chrysanthemums, fresh cut 75 97 34 -64.9 0603.12.70 Other Carnations, fresh cut 34 40 19 -52.8 
0804.50.40 Guavas, mangoes, and mangosteens, fresh, if entered during the 
period September 1 through May 31, inclusive 31 12 15 21.0 
1604.14.30 Tunas and skipjack, not in oil, in airtight containers, n/o 7 kg, 
not of U.S. possessions, over quota 43 44 10 -77.5 
6203.42.40 Men's or boys' trousers and shorts, not bibs, not knitted or 
crocheted, of cotton, not containing 15% or more by weight of 
down, etc 49 66 10 -84.9 
0603.12.30 Miniature (spray) carnations, fresh cut 22 22 9 -60.8 
3904.10.00 Polyvinyl chloride, not mixed with any other substances, in 
primary forms 19 23 8 -65.4 
2106.90.99 Food preparations not el sewhere specified or included, not 
canned or frozen 4 11 7 -35.2 
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 7 23 6 -73.6 
0710.80.97 Vegetables nesoi, uncooke d or cooked by steaming or boiling 
in water, frozen, reduced in size 27 24 6 -77.1 
7610.10.00 Aluminum, doors, windows and their frames and thresholds for 
doors 13 17 5 -69.4 
1704.90.35 Sugar confections or sweetmeats ready for consumption, not 
containing cocoa, other than candied nuts or cough drops 16 21 5 -75.3 
3921.12.11 Nonadhesive plates, sheets, film, foil, strip, cellular, of 
polymers of vinyl chloride, with man-made textile fibers, over 
70% plastics 8 14 5 -64.2 
2008.99.15 Bananas, other than pulp, otherwise prepared or preserved, 
nesoi 13 14 4 -69.1 
Total of above 8,087 13,274  4,239  -68.1 
All other 1,627 1,137  145  -87.2 
  Total 9,714 14,411  4,385  -69.6 
Note:  Because of rounding, figures may not add to totals given.  The abbreviation "nesoi" stands for "not elsewhere 
specified or otherwise included." 
Source :  Compiled from official statistics of the US Department of Commerce. 
  WT/L/860 
 Page 5 
 
 
  TABLE 3 
US Trade with ATPA Beneficiary Countries, 2003-20113 
 
Year US exports4 Share of US 
exports to the 
world US imports5 Share of US 
imports from 
the world US Trade  
Balance 
 Millions dollars Per cent Millions dollars Per cent Millions dollars 
2003 6,525.7 1.0 11,541.8 0.9 -5,016.1 
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 20,636.5 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 
Source :  Compiled from official statistics of the US Department of Commerce. 
 
 
 
__________  
                                                      
3 Includes imports from all ATPA countries for all y ears, including Bolivia.  Bolivia was not eligible 
for ATPA preferences as of 15 December 2008, an d Peru was not eligible as of 1 January 2011. 
4 Domestic exports, f.a.s. basis. 
5 Imports for consumption, customs value.