WORLD TRADE  
ORGANIZATION  G/C/W/510/Rev.2 
17 March 2009 
 (09-1311) 
Council for Trade in Goods Original:   English 
  
 
REQUEST FOR A WAIVER
1 
 
Andean Trade Preference Act (ATPA as amended)  
 
Revision  
 
  The following communication, dated 12 March 2009, is being circulated at the request of the Delegation of the United States.  
_______________ 
 
 
Special United States Trade Arrangements for Andean Countries
 
 
 Pursuant to Article IX:3 of the Marrak esh Agreement Establishing the World Trade 
Organization (WTO Agreement), the United Stat es hereby requests Members to waive U.S. 
obligations under paragra ph 1 of Article I and paragraphs 1 a nd 2 of Article XIII of the General 
Agreement on Tariffs and Trade 1994 (GATT 1994)  through 31 December 2014, to the extent 
necessary to permit the United States to provide duty-fr ee treatment to eligible products originating in 
beneficiary Andean countries (“beneficiary countri es”) designated pursuant to the provisions of the 
Andean Trade Preference Act, as amended by the Andean Trade Promotion and Drug Eradication Act 
and the Act to Extend the Andean Trade Preference  Act.  The United States recalls that Members 
previously granted the United States a waiver of  its obligations under Article I:1 of  the GATT 1994, 
to the extent necessary to permit the United States to  provide duty-free treatment to eligible products 
originating in beneficiary countries designated pur suant to the provisions of the Andean Trade 
Preference Act (ATPA).2  That waiver expired on 4 December 2001. 
 
1. D ESCRIPTION OF THE MEASURE  
 The Andean Trade Promotion and Drug Erad ication Act (ATPDEA), enacted as Title XXXI 
of the Trade Act of 2002 (Public Law 107-210), reau thorized the trade preferences that the United 
States provided in the original ATPA (Public Law 102-182).3  These benefits are extended by the Act 
to Extend the Andean Trade Pref erence Act, (Public Law 110-436).  The original ATPA provided 
duty-free treatment on all products, with some excep tions including, textiles and apparel, footwear, 
petroleum and petroleum products, certain leather products, a minor category of watches and watch 
parts, canned tuna, and rum.  As described furthe r below, the ATPDEA amends the ATPA (“ATPA as 
amended”) to provide for duty-free treatment of pr eviously excluded products that originate in a 
country that the President has designated as eligible  to receive ATPDEA benefits.  The text of the 
ATPA as amended is attached at Annex I.   
                                                      
1 The draft decision for this request is contained in G/C/W/613 and Corr.1. 
2 See United States - Andean Trade Preference Act, Decision of 14 October 1996 (WT/L/184).   
3 The ATPA program is described in more detail in the Request for Renewal of Waiver (G/L/102) 
submitted by the United States to the Council for Trade in Goods on 4 September 1996. G/C/W/510/Rev.2 
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 Section 204(b)(1) of the ATPA as amended (19 U.S.C. § 3203(b)(1)) authorizes the President to provide duty-free treatment for certain non-textile  and apparel products, if he determines that such 
products are not import-sensitive in the context of imports from ATPDEA beneficiary countries.
4   
 
 Section 204(b)(3) of the ATPA as amended (19 U.S.C. § 3203(b)(3)) provides for duty-free 
treatment for apparel assembled in beneficiary coun tries from:  (1) fabrics or fabric components 
formed, dyed, and finished, or components knit-to-shape, in the United States from U.S. or regional yarn;  (2) regional fabrics or fabric components,  or components knit-to-shape, if the fabrics or 
components get most of their value from the llama, alp aca, or vicuna used in them;  and (3) fabrics or 
yarns from any source, if those inputs are determined  to be in “short supply” in the United States.  
Subject to an annual quantitative limit, the ATPA as amended also provid es for duty-free treatment 
for other apparel assembled in beneficiary countr ies from fabric formed or from components knit-to-
shape in the region from U.S. or regional yarn.  Finally, the ATPA as amended provides for duty-free 
treatment for certain brassieres, certain textile luggage, and hand-loomed, handmade, or folklore 
textiles or apparel. 
  Section 204(b)(4) of the ATPA as amended (19 U.S.C. § 3203(b)(4)) provides for duty-free treatment for tuna harvested by U.S. or benefici ary country vessels and preserved in a beneficiary 
country in foil or other flexible airtight containers.  
 The ATPA as amended does not alter the be nefits the United States provides under its 
Generalized System of Preferences (GSP) program to other developing countries.  2. S
PECIFIC POLICY OBJECTIVES OF THE MEASURE  
 The ATPA as amended is intended to prom ote export diversification and broad-based 
economic development in the Andean region.  It provides sustainable economic alternatives to drug-
crop production by offering prod ucts of beneficiary countries broader access to the U.S. market. 
 3. C
IRCUMSTANCES JUSTIFYING THE WAIVER  
 The production of and trade in illicit narco tics have had a severe negative impact on the 
ATPA beneficiary countries.  Drug trafficking fu els terrorism, foments corruption, and undermines 
democratic institutions in the Andean region, thereby discouraging the foreign investment and 
stability beneficiary countries need to deve lop economic opportunities for their citizens. 
  The ATPA as amended contributes to the fight against drug production and trafficking by strengthening the legitimate economies in beneficiar y countries and creating viable alternatives to the 
profitable drug trade.  The ATPA as amended is prov ing an important component of efforts to contain 
the spread of these illicit activities.   The original ATPA generated significant job opp ortunities in a variety of sectors, including 
cut flowers, non-traditional fruits and vegetables, je wellery, and certain electronic inputs.  The ATPA 
as amended seeks to expand on the successes of the original ATPA by  providing add itional legitimate 
commercial opportunities for the people of the Andean region.  
 
                                                     
 
4 These products are certain:  (1) footwear;  (2) petroleum or petroleum products;  (3) watches and 
watch parts;  and (4) handbags, luggage, flat goods, work gloves, and leather wearing apparel.  G/C/W/510/Rev.2 
 Page 3 
 
 
  4. C ONCLUSION  
 Pursuant to Article IX:3 of the WTO Agreem ent, the United States requests a waiver of 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 to provide duty-free treatment under the ATPA as 
amended to eligible products orig inating in beneficiary countries. 
 
 The United States requests the Council for Trade in Goods to give this application for a 
waiver expeditious and favourable consideration.  In the meantime, the Unit ed States will promptly 
enter into consultations, on request, with any inte rested Member with respect to any difficulty or 
matter that may arise as a result of the preferential treatment provided under the ATPA as amended. 
 
_______________ 
 
 G/C/W/510/Rev.2 
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  ANNEX I.a  
 
19 USC CHAPTER 20 - ANDEAN TRADE PREFERENCE 
  
    CHAPTER 20 - ANDEAN TRADE PREFERENCE 
    Sec. 
    3201. Authority to grant duty-free treatment.     3202. Beneficiary country.                   (a) Definitions.                   (b) Countries e ligible for designation; congressional notification. 
                  (c) Limitations on designation. 
                  (d) Factors affecting designation.                   (e) Withdrawal or suspension of designation.                   (f) Reporting requirements.     3203. Eligible articles. 
                  (a) In general. 
                  (b) Exceptions and special rules.                   (c) Suspension of duty-free treatment.                   (d) Emergenc y relief with respect to perishable products. 
                  (e) Fees under section 624 of title 7.                   (f) Tariff-rate quotas. 
    3204. International Trade Commission reports on impact of this 
      chapter.                   (a) Reporting requirements.                   (b) Report requirements.                   (c) Submission dates; public comment. 
    3205. Impact study by Secretary of Labor. 
    3206. Termination of preferential treatment.        Sec. 3201. Authority to grant duty-free treatment         The President may proclaim duty-free treatme nt (or other preferential treatment) for all eligible 
articles from any beneficiary country in accordan ce with the provisions of this chapter. 
      Sec. 3202. Beneficiary country       (a) Definitions 
      For purposes of this chapter - 
        (1) The term ''beneficiary country'' mean s any country listed in subsection (b)(1) of this section 
with respect to which there is in effect a procla mation by the President designating such country as a 
beneficiary country for purposes of this chapter.         (2) The term ''entered'' means entered,  or withdrawn from warehouse for consumption, in the 
customs territory of the United States. 
        (3) The term ''HTS'' means Ha rmonized Tariff Schedule of the United States. 
    (b) Countries eligible for designation; congressional notification       (1) In designating countries as beneficiar y countries under this chapter, the President shall 
consider only the following countries or successor political entities:         Bolivia 
        Ecuador 
        Colombia         Peru.  G/C/W/510/Rev.2 
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        (2) Before the President designates any country as a beneficiary country for purposes of this 
chapter, he shall notify the House of Representatives and the Senate of his intention to make such 
designation, together with the considerations entering into such decision.     (c) Limitations on designation       The President shall not designate any country a beneficiary country under this chapter - 
        (1) if such country is a Communist country; 
        (2) if such country -           (A) has nationalized, expropriated or otherwise seized ownership or  control of property owned 
by a United States citizen or by a corporation, part nership, or association which is 50 percent or more 
beneficially owned by United States citizens, 
          (B) has taken steps to repudiate or nullify - 
            (i) any existing contract or agreement with, or             (ii) any patent, trademark, or other intellectual property of, a United States citizen or a corporation, partnership, or association, which is  50 percent or more beneficially owned by United 
States citizens, the effect of which is to nationa lize, expropriate, or otherwise seize ownership or 
control of property so owned, or 
          (C) has imposed or enforced taxes or  other exactions, restrictive maintenance or operational 
conditions, or other measures with respect to property so owned, the effect of which is to nationalize, 
expropriate, or otherwise seize ownership or contro l of such property, unless the President determines 
that             (i) prompt, adequate, and effective compensation has been or is being made to such citizen, 
corporation, partnership, or association, 
            (ii) good-faith negotiations to pr ovide prompt, adequate, and e ffective compensation under the 
applicable provisions of international law are in prog ress, or such country is otherwise taking steps to 
discharge its obligations under international law with respect to such citizen, corporation, 
          partnership, or association, or  
            (iii) a dispute involving such c itizen, corporation, partnership, or association, over 
compensation for such a seizure has been submitt ed to arbitration under the provisions of the 
Convention for the Settlement of Investment Disputes,  or in another mutually agreed upon forum, and 
promptly furnishes a copy of such determina tion to the Senate and House of Representatives; 
        (3) if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corpor ation, partnership, or association which is 50 
percent or more beneficially owned by United States  citizens, which have been made by arbitrators 
appointed for each case or by permanent arbitral bodies to which the parties involved have submitted 
their dispute;         (4) if such country affords preferential tr eatment to the products of a developed country, other 
than the United States, and if such preferential treatme nt has, or is likely to have, a significant adverse 
effect on United States commerce, unless the President - 
          (A) has received assurances satisfactory to him that such preferential treatment will be eliminated or that action will be taken to assure th at there will be no such significant adverse effect, 
and           (B) reports those assurances to the Congress;         (5) if a government-owned entity in su ch country engages in the broadcast of copyrighted 
material, including films or television material, bel onging to United States copyright owners without 
their express consent or such country fails to work  towards the provision of adequate and effective 
protection of intellectual property rights;         (6) unless such country is a signatory to a treaty, convention, protocol, or other agreement regarding the extradition of United States citizens; and 
        (7) if such country has not or is not ta king steps to afford internationally recognized worker 
rights (as defined in section 2467(4) of this title) to  workers in the country (including any designated 
zone in that country). Paragraphs (1), (2), (3), (5), and (7) shall not prevent the designation of any 
country as a beneficiary country under this chapter if  the President determines that such designation G/C/W/510/Rev.2 
Page 6  
 
  will be in the national economic or security in terest of the United States and reports such 
determination to the Congress with his reasons therefor.     (d) Factors affecting designation       In determining whether to designate any co untry a beneficiary country under this chapter, the 
President shall take into account - 
        (1) an expression by such country of its desire to be so designated; 
        (2) the economic conditions in such country , the living standards of its inhabitants, and any other 
economic factors which he deems appropriate; 
        (3) the extent to which such country has assured the United States it will provide equitable and  
reasonable access to the markets and basi c commodity resources of such country; 
        (4) the degree to which such country fo llows the accepted rules of international trade provided 
for under the WTO Agreement and the multilateral trad e agreements (as such terms are defined in 
      paragraphs (9) and (4), respectively, of section 3501 of this title);         (5) the degree to which such country  uses export subsidies or imposes export performance 
requirements or local content requirements which distort international trade; 
        (6) the degree to which the trade policies of such country as they relate to other beneficiary 
countries are contributing to the revitalization of the region;         (7) the degree to which such country is undertaking self-help measures to protect its own 
economic development;          (8) whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that count ry) internationally recognized worker rights; 
        (9) the extent to which such country provides under its law adequate  and effective means for 
foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property, including 
patent, trademark, and copyright rights;         (10) the extent to which such country pr ohibits its nationals from e ngaging in the broadcast of 
copyrighted material, including films or televisi on material, belonging to United States copyright 
owners without their express consent; 
        (11) whether such country has met the narcotics cooperation certification criteria set forth in 
section 2291(h)(2)(A) of title 22 for eligib ility for United States assistance; and 
        (12) the extent to which such country is prepared to cooperate with the United States in the 
administration of the provisions of this chapter.     (e) Withdrawal or suspension of designation 
      (1)(A) The President may - 
        (i) withdraw or suspend the designation of any country as a beneficiary country, or         (ii) withdraw, suspend, or limit the a pplication of duty-free treatment under this chapter to any 
article of any country, if, after such designation, the President determines that as a result of changed 
circumstances such a country should be ba rred from designation as a beneficiary country. 
      (B) The President may, after the requirements of paragraph (2) have been met - 
        (i) withdraw or suspend the designation of any country as an ATPDEA beneficiary country, or         (ii) withdraw, suspend, or limit the appli cation of preferential treatment under section 3203(b)(1), 
(3), or (4) of this title to any article of any countr y, if, after such designation, the President determines 
that, as a result of changed circumstances, the perfo rmance of such country is not satisfactory under 
the criteria set forth in section 3203(b)(6)(B) of this title. 
      (2)(A) The President shall publish in the Federal Register notice of the action the President 
proposes to take under paragraph (1) at l east 30 days before taking such action. 
      (B) The United States Trade Representative shall, within the 30-day period beginning on the date 
on which the President publishes under subpa ragraph (A) notice of proposed action - 
        (i) accept written comments from the public regarding such proposed action, 
        (ii) hold a public hearing on such proposed action, and  
        (iii) publish in the Federal Register -           (I) notice of the time and place of such hearing prior to the hearing, and           (II) the time and place at which such written comments will be accepted.     (f) Reporting requirements  G/C/W/510/Rev.2 
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        (1) In general 
        Not later than April 30, 2003, and every 2 years thereafter during the period this chapter is in 
effect, the United States Trade Representative sh all submit to the Congress a report regarding the 
operation of this chapter, including -           (A) with respect to subsections (c) and (d) of this section, the results of a general review of 
beneficiary countries based on the considera tions described in such subsections; and 
          (B) the performance of each benefici ary country or ATPEA beneficiary country, as the case 
may be, under the criteria set forth in  section 3203(b)(6)(B) of this title. 
      (2) Public comment         Before submitting the report described in paragraph (1), the United States Trade Representative 
shall publish a notice in the Federal Register re questing public comments on whether beneficiary 
countries are meeting the criteria listed in section 3203(b)(6)(B) of this title. 
     Sec. 3203. Eligible articles   
    (a) In general 
      (1) Unless otherwise excluded from eligibilit y (or otherwise provided for) by this chapter, the 
duty-free treatment (or preferential treatment) provide d under this chapter shall apply to any article 
which is the growth, product, or manuf acture of a beneficiary country if - 
        (A) that article is imported directly from a beneficiary country into the customs territory of the United States; and 
        (B) the sum of - 
          (i) the cost or value of the materials produced in a beneficiary country or 2 or more beneficiary 
countries under this chapter, or a beneficiary c ountry under the Caribbean Basin Economic Recovery 
Act (19 U.S.C. 2701 et seq.) or 2 or more such countries, plus           (ii) the direct costs of processing operations performed in a beneficiary country or countries 
(under this chapter or the Caribbean Basin Economic R ecovery Act), is not less than 35 percent of the 
appraised value of such article at the time it is entered.  For purposes of determining the percentage 
referred to in subparagraph (B), the term ''beneficiary country'' in cludes the Commonwealth of Puerto 
Rico and the United States Virgin Islands.  If the co st or value of materials produced in the customs 
territory of the United States (other than the Common wealth of Puerto Rico) is included with respect 
to an article to which this paragraph applies, an amount not to exceed 15 percent of the appraised 
value of the article at the time it is entered that is attributed to such United States cost or value may be 
applied toward determining the percenta ge referred to in subparagraph (B). 
      (2) The Secretary of the Treasury shall prescr ibe such regulations as may be necessary to carry out 
paragraph (1) including, but not limited to, regulations  providing that, in order to be eligible for duty-
free treatment under this chapter, an article must be  wholly the growth, product, or manufacture of a 
beneficiary country, or must be a new or differe nt article of commerce which has been grown, 
produced, or manufactured in the beneficiary country;  but no article or material of a beneficiary 
country shall be eligible for such treatment  by virtue of having merely undergone - 
        (A) simple combining or packaging operations, or         (B) mere dilution with water or mere d ilution with another substance that does not materially 
alter the characteristics of the article. 
      (3) As used in this subsection, the phrase '' direct costs of processing operations'' includes, but is 
not limited to -         (A) all actual labor costs involved in the growth, production, manufacture, or assembly of the specific merchandise, including fringe benefits, on-the -job training and the cost of engineering,     
supervisory, quality control,  and similar personnel; and 
        (B) dies, molds, tooling, and depreciation on machinery and equipment which are allocable to the 
specific merchandise.     Such phrase does not include costs which are not directly attributable to  the merchandise concerned 
or are not costs of manufacturing the product, such as (i) profit, and (ii) general expense of doing business which are either not allocable to the specifi c merchandise or are not related to the growth, G/C/W/510/Rev.2 
Page 8  
 
  production, manufacture, or assembly of the mercha ndise, such as administrative salaries, casualty 
and liability insurance, advertising, interest, a nd salesmen's salaries, commissions or expenses. 
      (4) If the President, pursuant to sec tion 223 of the Caribbean Basin Economic Recovery 
Expansion Act of 1990, considers that the implementa tion of revised rules of origin for products of 
beneficiary countries designated under the Caribbean  Basin Economic Recovery Act (19 U.S.C. 2701 
et seq.) would be appropriate, the President may in clude similarly revised rules of origin for products 
of beneficiary countries designated under this chapter in any suggested legisla tion transmitted to the 
Congress that contains such rules of origin for pr oducts of beneficiary countries under the Caribbean 
Basin Economic Recovery Act.      (b) Exceptions and special rules 
      (1) Certain articles that are not import-sensitive 
        The President may proclaim duty-free treat ment under this chapter for any article described in 
subparagraph (A), (B), (C), or (D) that is the growth, product, or manufacture of an ATPDEA  
beneficiary country, that is imported directly into the customs territory of the United States from an ATPDEA beneficiary country, and that meets the requirements of this section, if the President 
determines that such article is not import-se nsitive in the context of imports from ATPDEA 
beneficiary countries:           (A) Footwear not designated at the time of the effective date of this chapter as eligible for 
purposes of the generalized system of preferences under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).           (B) Petroleum, or any product derive d from petroleum, provided for in headings 2709 and 2710 
of the HTS.  
         (C) Watches and watch parts (including cases, bracelets and straps), of whatever type including, 
but not limited to, mechanical, quartz digital or quart z analog, if such watches or watch parts contain 
any material which is the product of any country w ith respect to which HTS column 2 rates of duty 
apply. 
          (D) Handbags, luggage, flat goods, work  gloves, and leather wearing apparel that were not 
designated on August 5, 1983, as eligible artic les for purposes of the generalized system of 
preferences under title V of the Trade Act of 1974.       (2) Exclusions         Subject to paragraph (3), duty-free tr eatment under this chapter may not be extended to - 
          (A) textiles and apparel articles which we re not eligible articles for purposes of this chapter on 
January 1, 1994, as this chapter was in effect on that date; 
          (B) rum and tafia classified in subheading 2208.40 of the HTS;           (C) sugars, syrups, and sugar-contai ning products subject to over-quota duty rates under 
applicable tariff-rate quotas; or            (D) tuna prepared or preserved in an y manner in airtight containers, except as provided in 
paragraph (4). 
      (3) Apparel articles and certain textile articles         (A) In general           Apparel articles that are imported direc tly into the customs territory of the United States from 
an ATPDEA beneficiary country shall enter the Un ited States free of duty and free of any quantitative 
restrictions, limitations, or c onsultation levels, but only if such articles are described in 
subparagraph (B). 
        (B) Covered articles           The apparel articles referre d to in subparagraph (A) are the following: 
          (i) Apparel articles assembled from pr oducts of the United States or ATPDEA beneficiary 
countries or products not available in commercia l quantities Apparel articles sewn or otherwise 
assembled in 1 or more ATPDEA beneficiary countries, or the United States, or both, exclusively 
from any one or any combination of the following:                (I) Fabrics or fabric components wholly formed, or components knit-to-shape, in the United 
States, from yarns wholly formed in the United St ates or 1 or more ATPDEA beneficiary countries 
(including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603  G/C/W/510/Rev.2 
 Page 9 
 
 
  of the HTS and are formed in the United States).  Apparel articles shall quali fy under this subclause 
only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the 
fabrics are knit fabrics, is carried out in the Un ited States. Apparel articles shall qualify under this 
subclause only if all dyeing, printing, and fini shing of the fabrics from which the articles are 
assembled, if the fabrics are woven fabrics,  is carried out in the United States. 
              (II) Fabrics or fabric component s formed or components knit-to-shape, in 1 or more 
ATPDEA beneficiary countries, from yarns wholly  formed in 1 or more ATPDEA beneficiary 
countries, if such fabrics (including fabrics not fo rmed from yarns, if such fabrics are classifiable 
under heading 5602 or 5603 of the HTS and are formed  in 1 or more ATPDEA beneficiary countries) 
or components are in chief value of llama, alpaca, or vicunAE6a. 
              (III) Fabrics or yarns, to the exte nt that apparel articles of such fabrics or yarns would be 
eligible for preferential treatment, without regard to the source of the fabrics or yarns, under Annex 
401 of the NAFTA.           (ii) Additional fabrics             At the request of any interested party,  the President is authorized to proclaim additional fabrics 
and yarns as eligible for preferential treatment under clause (i)(III) if - 
              (I) the President determines that  such fabrics or yarns cannot be supplied by the domestic 
industry in commercial quantities in a timely manner;                (II) the President has obtained advice regarding the proposed action from the appropriate advisory committee established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155) and the 
United States International Trade Commission; 
              (III) within 60 days after the request, the President has submitted a report to the Committee 
on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that 
sets forth the action proposed to be proclaimed and the reasons for such action, and the advice 
obtained under subclause (II);               (IV) a period of 60 calendar days, beginning with the first day on which the President has 
met the requirements of subclause (III), has expired; and  
              (V) the President has consulte d with such committees regarding the proposed action during 
the period referred to in subclause (III).           (iii) Apparel articles assembled in 1 or more ATPDEA               beneficiary countries from regional fabrics or regional               components 
            (I) Subject to the limitation set fo rth in subclause (II), appare l articles sewn or otherwise 
assembled in 1 or more ATPDEA beneficiary countries from fabrics or from fabric components formed or from components knit-to-shape, in 1 or  more ATPDEA beneficiary countries, from yarns 
wholly formed in the United States or 1 or more ATPDEA beneficiary countries (including fabrics not 
formed from yarns, if such fabrics are classifiab le under heading 5602 or 5 603 of the HTS and are 
formed in 1 or more ATPDEA beneficiary countri es), whether or not the apparel articles are also 
made from any of the fabrics, fabric components formed, or components knit-to-shape described in 
clause (i) (unless the apparel articles are made exclus ively from any of the fabrics, fabric components 
formed, or components knit-to-shape described in clause (i)).             (II) The preferential treatment referre d to in subclause (I) shall be extended in the 1-year 
period beginning October 1, 2002,  and in each of the 4 succeeding 1-year periods, to imports of 
apparel articles in an amount not to exceed the app licable percentage of the aggregate square meter 
equivalents of all apparel articles imported into the United States in the preceding 12-month period for 
which data are available.              (III) For purposes of subclause (II), th e term ''applicable percentage '' means 2 percent for the 
1-year period beginning October 1, 2002, increased  in each of the 4 succeeding 1-year periods by 
equal increments, so that for the period beginning October 1, 2006, the applicable percentage does not 
exceed 5 percent. G/C/W/510/Rev.2 
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            (iv) Handloomed, handmade, and folklore articles 
            A handloomed, handmade, or folklo re article of an ATPDEA beneficiary country identified 
under subparagraph (C) that is  certified as such by  the competent authority of such beneficiary 
country.           (v) Certain other apparel articles  
            (I) General rule 
              Any apparel article classifiab le under subheading 6212.10 of the HTS, except for articles 
entered under clause (i), (ii), (iii), or (iv), if the ar ticle is both cut and sewn  or otherwise assembled in 
the United States, or one or more ATPDEA beneficiary countries, or both.             (II) Limitation 
              During the 1-year period beginn ing on October 1, 2003, and during each of the 3 succeeding 
1-year periods, apparel articles described in subc lause (I) of a producer or an entity controlling 
production shall be eligible for preferential treatment  under this paragraph only if the aggregate cost 
of fabrics (exclusive of all findings and trimmings) formed in the United States  that are used in the 
production of all such articles of that producer or ent ity that are entered and eligible under this clause 
during the preceding 1-year period is at least 75 per cent of the aggregate declared customs value of 
the fabric (exclusive of all findings and trimmings) contained in all such articles of that producer or 
entity that are entered and eligible under th is clause during the preceding 1-year period. 
            (III) Development of procedure to ensure compliance               The United States Customs Serv ice shall develop and implement methods and procedures to 
ensure ongoing compliance with the requirement set forth in subclause (II). If the Customs Service 
finds that a producer or an entity controlling producti on has not satisfied such requirement in a 1-year 
period, then apparel articles describe d in subclause (I) of that producer or entity shall be ineligible for 
preferential treatment under this paragraph durin g any succeeding 1-year period until the aggregate 
cost of fabrics (exclusive of all findings and trim mings) formed in the United States that are used in 
the production of such articles of that producer or entity entered during the preceding 1-year period is 
at least 85 percent of the aggregate declared customs value of the fabric (exclusive of all findings and 
trimmings) contained in all such articles of that pr oducer or entity that are entered and eligible under 
this clause during the preceding 1-year period.           (vi) Special rules             (I) Excep tion for findings and trimmings 
              An article otherwise eligible for preferential treatment under this paragraph shall not be 
ineligible for such treatment because the article cont ains findings or trimmings of foreign origin, if 
such findings and trimmings do not exceed 25 percen t of the cost of the components of the assembled 
product.  Examples of findings and trimmings are sewing thread, hooks and eyes, snaps, buttons, 
''bow buds'', decorative lace, trim, elastic strips, zippers, including zipper tape s and labels, and other 
similar products. 
            (II) Certain interlining 
              (aa) An article otherwise eligible  for preferential treatment under this paragraph shall not be 
ineligible for such treatme nt because the article contains certain in terlinings of foreign origin, if the 
value of such interlinings (and any findings and trimmings) does not exceed 25 percent of the cost of 
the components of the assembled article.               (bb) Interlinings eligible for the treatment described in division (aa) include only a chest type 
plate, ''hymo'' piece, or ''sleeve header'', of w oven or weft-inserted warp  knit construction and of 
coarse animal hair or man-made filaments.               (cc) The treatment described in  this subclause shall terminate if the President makes a 
determination that United States manufacturers are produc ing such interlinings in the United States in 
commercial quantities.  
            (III) De minimis rule 
             An article that would otherw ise be ineligible for pref erential treatment under this 
subparagraph because the article contains yarns not w holly formed in the United States or in one or 
more ATPDEA beneficiary countries shall not be ineligib le for such treatment if the total weight of all 
such yarns is not more than 7 percent of the total weight of the good.  G/C/W/510/Rev.2 
 Page 11 
 
 
              (IV) Special origin rule 
              An article otherwise eligible for preferential treatment under clause (i) or (iii) shall not be 
ineligible for such treatment becau se the article contains nylon filament yarn (other than elastomeric 
yarn) that is classifiable under subheading 5402.10.30, 5402.10.60, 5402.31.30, 5402.31.60, 5402.32.30, 5402.32.60, 5402.41.10, 5402.41.90, 5402.51.00, or 5402.61.00 of the HTS from a 
country that is a party to an agreement with th e United States establishing a free trade area, which 
entered into force before January 1, 1995.           (vii) Textile luggage             Textile luggage -               (I) assembled in an ATPDEA beneficiary country from fabric wholly formed and cut in the 
United States, from yarns wholly formed in the United States, that is entered under subheading 
9802.00.80 of the HTS; or               (II) assembled from fabric cut in an ATPDEA beneficiary country from fabric wholly formed 
in the United States from yarns who lly formed in the United States. 
        (C) Handloomed, handmade, and folklore articles 
          For purposes of subparagraph (B)(iv), th e President shall consult with representatives of the 
ATPDEA beneficiary countries concer ned for the purpose of identifying  particular textile and apparel 
goods that are mutually agreed upon as being hand loomed, handmade, or folklore goods of a kind 
        described in section 2.3(a), (b), or (c ) of the Annex or Appendix  3.1.B.11 of the Annex. 
        (D) Penalties for transshipment           (i) Penalties for exporters 
            If the President determines, based on sufficient evidence, that an exporter has engaged in 
transshipment with respect to apparel articles from an ATPDEA benefici ary country, then the 
President shall deny all benefits under this chap ter to such exporter, and any successor of such 
exporter, for a period of 2 years.           (ii) Penalties for countries 
            Whenever the President finds, based  on sufficient evidence, that transshipment has occurred, 
the President shall request that the ATPDEA bene ficiary country or countries through whose territory 
the transshipment has occurred take all necessa ry and appropriate actions to prevent such 
transshipment.  If the President determines that a country is not taking such actions, the President shall reduce the quantities of apparel articles that may be imported into the United States from such 
country by the quantity of the transshipped articles multiplied by 3, to the extent consistent with the 
obligations of the United States under the WTO. 
          (iii) Transshipment described             Transshipment within the meanin g of this subparagraph has occurred when preferential 
treatment under subparagraph (A) has be en claimed for an apparel article  on the basis of material false 
information concerning the country of origin, manufac ture, processing, or assembly of the article or 
any of its components.  For purposes of this clause, false information is material if disclosure of the 
true information would mean or would have meant that  the article is or was ineligible for preferential 
treatment under subparagraph (A).         (E) Bilateral emergency actions           (i) In general             The President may take bilateral emergency tariff actions of a kind described in section 4 of 
the Annex with respect to any apparel article impor ted from an ATPDEA beneficiary country if the  
application of tariff treatment under subparagraph (A) to such article results in conditions that would 
be cause for the taking of such actions under such sec tion 4 with respect to a like article described in 
the same 8-digit subheading of the HTS that is imported from Mexico. 
          (ii) Rules rela ting to bilateral emergency action 
            For purposes of applying bilateral emergency action under this subparagraph - 
              (I) the requirements of paragra ph (5) of section 4 of the Annex (relating to providing 
compensation) shall not apply;               (II) the term ''transition period''  in section 4 of the Annex shall mean the period ending 
December 31, 2006; and G/C/W/510/Rev.2 
Page 12  
 
                (III) the requirements to consult specified in section 4 of the Annex shall be treated as 
satisfied if the President requests consultations w ith the ATPDEA beneficiary country in question and 
the country does not agree to consult within the time period specified under section 4 of the Annex. 
      (4) Tuna         (A) General rule 
          Tuna that is harvested by United Stat es vessels or ATPDEA beneficiary country vessels, that is 
prepared or preserved in any manner, in an ATPDEA  beneficiary country, in foil or other flexible 
airtight containers weighing with their contents not more than 6.8 kilograms each, and that is imported 
directly into the customs territory of the Unite d States from an ATPDEA beneficiary country, shall 
enter the United States free of duty and free of any quantitative restrictions. 
        (B) Definitions 
          In this paragraph -           (i) United States vessel             A ''United States vessel'' is a vessel having a certificate of documentation with a fishery endorsement under chapter 121 of title 46. 
          (ii) ATPDEA vessel 
            An ''ATPDEA vessel'' is a vessel -               (I) which is registered or recorded in an ATPDEA beneficiary country;               (II) which sails under the flag of an ATPDEA beneficiary country; 
              (III) which is at least 75 percent owned by nationals of an A TPDEA beneficiary country or 
by a company having its principal place of business in an ATPDEA beneficiary country, of which the 
manager or managers, chairman of the board of direct ors or of the supervisory board, and the majority 
of the members of such boards are nationals of an  ATPDEA beneficiary country and of which, in the 
case of a company, at least 50 percent of the capital is owned by an ATPDEA beneficiary country or by public bodies or nationals of an ATPDEA beneficiary country;               (IV) of which the master and offi cers are nationals of an ATPDEA beneficiary country; and 
              (V) of which at least 75 percent of  the crew are nationals of an ATPDEA beneficiary country. 
      (5) Customs procedures         (A) In general           (i) Regulations             Any importer that claims preferential treatment under paragraph (1), (3), or (4) shall comply 
with customs procedures similar in all material r espects to the requirements of Article 502(1) of the 
NAFTA as implemented pursuant to United States la w, in accordance with regulations promulgated 
by the Secretary of the Treasury.           (ii) Determination             (I) In general               In order to qualify for the prefer ential treatment under paragraph (1), (3), or (4) and for a 
Certificate of Origin to be valid with respect to an y article for which such treatment is claimed, there 
shall be in effect a determination by the Preside nt that each country described in subclause (II) - 
                (aa) has implemented and follows, or                 (bb) is making substantia l progress toward implementing an d following, procedures and 
requirements similar in all mate rial respects to the relevant procedures and requirements under 
chapter 5 of the NAFTA. 
            (II) Country described 
              A country is described in th is subclause if it is an ATPDEA beneficiary country - 
                (aa) from which the article is exported; or                 (bb) in which materials used in  the production of the article originate or in which the article 
or such materials undergo production that contributes to a claim that the article is eligible for 
preferential treatment under paragraph (1), (3), or (4). 
        (B) Certificate of Origin           The Certificate of Origin that otherwise would be required pursuant to the provisions of   subparagraph (A) shall not be required in the case of an article imported under paragraph (1), (3), or  G/C/W/510/Rev.2 
 Page 13 
 
 
  (4) if such Certificate of Origin would not  be required under Article  503 of the NAFTA (as 
implemented pursuant to United States law), if the article were imported from Mexico.          (C) Report on cooperation of ATPDEA c ountries concerning circumvention The United States  
Commissioner of Customs shall conduct a study analyzing the extent to which each ATPDEA 
beneficiary country - 
            (i) has cooperated fully with th e United States, consistent with its domestic laws and 
procedures, in instances of circumvention or alle ged circumvention of existing quotas on imports of 
textile and apparel goods, to establish necessary releva nt facts in the places of import, export, and, 
where applicable, transshipment, including investig ation of circumvention practices, exchanges of 
documents, correspondence, reports, and other relevant information, to the extent such information is 
available;  
            (ii) has taken appropriate measures, consistent with its domestic laws and procedures, against 
exporters and importers involved in instances of fa lse declaration concerning quantities, description, 
classification, or origin of textile and apparel goods; and             (iii) has penalized the individuals and entities involved in any such  circumvention, consistent 
with its domestic laws and procedures, and has wo rked closely to seek the cooperation of any third 
country to prevent such circumvention from taking place in that third country. The Commissioner of Customs shall submit to the Congress, not later than  October 1, 2003, a report on the study conducted 
under this subparagraph.        (6) Definitions         In this subsection - 
        (A) Annex 
          The term ''the Annex'' means Annex 300-B of the NAFTA.         (B) ATPDEA beneficiary country           The term ''ATPDEA beneficiary count ry'' means any ''beneficiary country'', as defined in 
section 3202(a)(1) of this title, which the President designates as an ATPDEA beneficiary country, 
taking into account the criteria contained in sub sections (c) and (d) of section 3202 of this title and 
other appropriate criteria, including the following:             (i) Whether the benefici ary country has demonstrated a commitment to - 
              (I) undertake its obligations u nder the WTO, including those agreements listed in section 
3511(d) of this title, on or ahead of schedule; and               (II) participate in negotiations toward the completion of the FTAA or another free trade 
agreement. 
            (ii) The extent to which the country provides protection of intellectual property rights consistent with or greater than the protection a fforded under the Agreement on Trade-Related Aspects 
of Intellectual Property Rights described  in section 3511(d)(15) of this title.  
            (iii) The extent to which the c ountry provides internationally recognized worker rights, 
including - 
              (I) the right of association;               (II) the right to organize and bargain collectively;               (III) a prohibition on the use of any form of forced or compulsory labor;               (IV) a minimum age for the employment of children; and               (V) acceptable conditions of wo rk with respect to minimum wages, hours of work, and 
occupational safety and health.  
            (iv) Whether the country has impl emented its commitments to el iminate the worst forms of 
child labor, as defined in section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).             (v) The extent to which the countr y has met the counternarcotics certification criteria set forth 
in section 2291j of title 22 for eligibility for United States assistance. 
            (vi) The extent to which the country  has taken steps to become a party to and implements the 
Inter-American Convention Against Corruption.             (vii) The extent to which the country - G/C/W/510/Rev.2 
Page 14  
 
                (I) applies transparent, no ndiscriminatory, and competitive procedures in government 
procurement equivalent to those contained in th e Agreement on Government Procurement described 
in section 3511(d)(17) of this title; and               (II) contributes to efforts in interna tional fora to develop and impl ement international rules in 
transparency in government procurement. 
            (viii) The extent to which the country  has taken steps to support the efforts of the United States 
to combat terrorism.         (C) NAFTA           The term ''NAFTA'' means the North Am erican Free Trade Agreement entered into between the 
United States, Mexico, and Canada on December 17, 1992. 
        (D) WTO 
          The term ''WTO'' has the meani ng given that term in section 3501 of this title. 
        (E) ATPDEA           The term ''ATPDEA'' means the Andean Trade Promotion and Drug Eradication Act. 
        (F) FTAA 
          The term ''FTAA'' means the Free Trade Area for the Americas.  
    (c) Suspension of duty-free treatment       (1) The President may by proclamation susp end the duty-free treatment provided by this chapter 
with respect to any eligible article and may procla im a duty rate for such article if such action is 
proclaimed under chapter 1 of title II of the Tr ade Act of 1974 (19 U.S.C. 2251 et seq.) or section 
1862 of this title. 
      (2) In any report by the United States International Trade Commission to the President under 
section 202(f) of the Trade Act of 1974 (19 U.S.C.  2252(f)) regarding any article for which duty-free 
treatment has been proclaimed by the President pur suant to this chapter, the Commission shall state 
whether and to what extent its findings and r ecommendations apply to such article when imported 
from beneficiary countries. 
      (3) For purposes of section 203 of the Tr ade Act of 1974 (19 U.S.C. 2253), the suspension of the 
duty-free treatment provided by this chapter shall be treated as an increase in duty.        (4) No proclamation providing solely for a suspension referred to in paragraph (3) of this 
subsection with respect to any article shall be taken under section 203 of the Trade Act of 1974 
(19 U.S.C. 2253) unless the United States Internatio nal Trade Commission, in addition to making an 
affirmative determination with respect to such ar ticle under section 202(b) of  the Trade Act of 1974 
(19 U.S.C.   2252(b)), determines in the course of its investigation under such section that the serious 
injury (or threat thereof) substantially caused by im ports to the domestic industry producing a like or 
directly competitive article results from the duty-free treatment provided by this chapter.       (5)(A) Any action taken under section 203 of the Trade Act of 1974 (19 U.S.C. 2253) that is in 
effect when duty-free treatment is proclaimed under section 3201 of this title shall remain in effect 
until  modified or terminated. 
      (B) If any article is subject to any such ac tion at the time duty-free treatment is proclaimed under 
section 3201 of this title, the President may reduce or terminate the application of such action to the 
importation of such article from beneficiary countri es prior to the otherwise scheduled date on which 
such reduction or termination would occur pursuan t to the criteria and procedures of section 204 of 
the Trade Act of 1974 (19 U.S.C. 2254). 
    (d) Emergency relief with respect to perishable products  
      (1) If a petition is filed with the United States International Trade Commission pursuant to the 
provisions of section 201 of the Trade Act of 1974 ( 19 U.S.C. 2251) regarding a perishable product 
and alleging injury from imports from beneficiary c ountries, then the petition may also be filed with 
the Secretary of Agriculture with a request that emergency relief be granted pursuant to paragraph (3) 
of this subsection with respect to such article.  
      (2) Within 14 days after the filing of a petition under paragraph     (1) of this subsection -         (A) if the Secretary of Agriculture has reason to believe that a perishable product from a 
beneficiary country is being imported into the United States in such increased quantities as to be a  G/C/W/510/Rev.2 
 Page 15 
 
 
  substantial cause of serious injury, or the thr eat thereof, to the domestic industry producing a 
perishable product like or directly competitive with  the imported product and th at emergency action is 
warranted, he shall advise the President and recomme nd that the President take emergency action; or 
        (B) the Secretary of Agriculture shall publish a notice of his determination not to recommend the 
imposition of emergency action and so advise the petitioner. 
      (3) Within 7 days after the President r eceives a recommendation from the Secretary of Agriculture 
to take emergency action pursuant to paragraph (2) of this subsection, he shall issue a proclamation 
withdrawing the duty-free treatment provided by this  chapter or publish a notice of his determination 
not to take emergency action.       (4) The emergency action provided by para graph (3) of this subsection shall cease to apply - 
        (A) upon the taking of action under sec tion 203 of the Trade Act of 1974 (19 U.S.C. 2253), 
        (B) on the day a determination by the Presi dent not to take action under section 203(b)(2) of such 
Act becomes final,          (C) in the event of a report of the United States International Trade Commission containing a 
negative finding, on the day of the Commission's report is submitted to the President, or  
        (D) whenever the President determines that because of changed circumstances such relief is no 
longer warranted.       (5) For purposes of this subsection, the term ''perishable product'' means -         (A) live plants and fresh cut flowers provided for in chapter 6 of the HTS;         (B) fresh or chilled vegetables provided for in headings 0701 through 0709 (except subheading 
0709.52.00) and heading 0714 of the HTS; 
        (C) fresh fruit provided for in s ubheadings 0804.20 through 0810.90 (except citrons of 
subheadings 0805.90.00, tamarinds and kiwi fru it of subheading 0810.90.20, and cashew apples, 
mameyes colorados, sapodillas, soursops and sweetso ps of subheading 0810.90.40) of the HTS; or  
        (D) concentrated citrus fruit juice provided for in subheadings 2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the HTS. 
    (e) Fees under section 624 of title 7  No proclama tion issued pursuant to this chapter shall affect 
fees imposed pursuant to section 624 of title 7.     (f) Tariff-rate quotas       No quantity of an agricultural product subject to a tariff-rate quota that exceeds the in-quota 
quantity shall be eligible for duty-free treatment under this chapter.   
    Sec. 3204. International Trade Commission reports on impact of this chapter 
      (a) Reporting requirements       (1) In general         The United States International Tr ade Commission (in this section referred to as the 
''Commission'') shall submit to Congress and the Pr esident biennial reports regarding the economic 
impact of this chapter on United States industries and consumers, and, in  conjunction with other 
agencies, the effectiveness of this chapter in  promoting drug-related crop eradication and crop 
substitution efforts of the beneficiary countries.       (2) Submission         During the period that this chapter is in  effect, the report required by paragraph (1) shall be 
submitted on December 31 of each year that the repor t required by section 2704 of this title is not 
submitted.       (3) Treatment of Puerto Rico, etc.         For purposes of this section, industries in the Commonwealth of Puerto Rico and the insular 
possessions of the United States are consider ed to be United States industries. 
    (b) Report requirements 
      (1) Each report required under subsection (a) of  this section shall include, but not be limited to, an 
assessment by the Commission regarding -         (A) the actual effect, during the period cove red by the report, of this chapter on the United States 
economy generally as well as on those specific domes tic industries which produce articles that are G/C/W/510/Rev.2 
Page 16  
 
  like, or directly competitive with, articles bei ng imported into the United States from beneficiary 
countries;         (B) the probable future effect that this  chapter will have on the United States economy generally, 
as well as on such domestic industries, before th e provisions of this chapter terminate; and 
        (C) the estimated effect that this chap ter has had on the drug-related crop eradication and crop 
substitution efforts of the beneficiary countries. 
      (2) In preparing the assessments required under paragraph (1), the Commissi on shall, to the extent 
practicable -         (A) analyze the production, trade and c onsumption of United States products affected by this 
chapter, taking into consideration employment, pr ofit levels, and use of productive facilities with 
respect to the domestic industries concerned, and such  other economic factors in such industries as it 
considers relevant, including prices, wages, sales, inventories, patterns of demand, capital investment, 
obsolescence of equipment, and dive rsification of production; and 
        (B) describe the nature and extent of any significant change in employ ment, profit levels, and use 
of productive facilities, and such other conditions as it deems relevant in the domestic industries 
concerned, which it believes are a ttributable to this chapter. 
    (c) Submission dates; public comment       (1) Each report required under subsection (a ) of this section shall be submitted to the Congress 
before the close of the 9-month period beginning on th e day after the last day of the period covered by 
the report.       (2) The Commission shall provide an opportunity for the submission by the public, either orally or 
in writing, or both, of information relating to  matters that will be addressed in the reports. 
      Sec. 3205. Impact study by Secretary of Labor         The Secretary of Labor, in consultation with  other appropriate Federal agencies, shall undertake a 
continuing review and analysis of the impact that the implementation of the provisions of this chapter 
has with respect to United States labor; and sha ll make an annual written report to Congress on the 
results of such review and analysis.       Sec. 3206. Termination of preferential treatment   
      No duty-free treatment or other preferential treatment extended to beneficiary countries under this 
chapter shall remain in effect after December 31, 2006.    G/C/W/510/Rev.2 
 Page 17 
 
 
  ANNEX I.b 
 
Miscellaneous Trade and Technical Corrections Act of 2004  
 
SEC. 2003. ARTICLES ELIGIBLE FOR PR EFERENTIAL TREATMENT UNDER THE 
ANDEAN TRADE PREFERENCE ACT. 
 (a) IN GENERAL- Notwithstanding section 514 of the Tariff Act of 1930 or any other 
 provision of law, and subject to subsection (c)-- 
  (1) with respect to any ar ticle described in section 204( b)(1)(D) of the Andean Trade 
Preference Act (as amended by section 3103(a)(2 ) of the Trade Act of 2002) for which the 
President proclaims duty free treatment pursuan t to section 204(b)(1) of the Andean Trade 
Preference Act, the entry of any such article on or after August 6, 2002, and before the date 
on which the President so proclaims duty free treatment for such article shall be subject to the 
rate of duty applicable on August 5, 2002; and 
  (2) such entries shall be liquidated or reliquidated as if the reduced duty preferential 
treatment applied, and the Secretary of the Treasury shall refund any excess duties paid with 
respect to such entry. 
 (b) ENTRY- As used in this subsection, the term `entry' includes a withdrawal from 
 warehouse for consumption. 
 
SEC. 2004.  TECHNICAL AMENDMENTS  
(e) UNITED STATES VESSELS- Section 204(b)(4)(B)(i) of the Andean Trad e Preference Act is 
amended to read as follows: 
 `(i) UNITED STATES VESSEL- A `United States vessel' is-- 
`(I) a vessel that has a certificate of documentation with a fishery 
endorsement under chapter 121 of title 46, United States Code; or 
`(II) in the case of a vessel without a fishery endorsement, a 
vessel that is documented under the laws of the United States and 
for which a license has been issued pursuant to section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973g).'. G/C/W/510/Rev.2 
Page 18  
 
  ANNEX I.c 
 
PUBLIC LAW 109-432 
 
Andean Trade Preferences Extension Act  
 
SEC. 7001. SHORT TITLE. 
This title may be cited as the `Andean Trade Preferences Extension Act'. 
 
SEC. 7002. ATPA EXTENSION. 
(a) TEMPORARY EXTENSION- Section 208 of  the Andean Trade Preference Act (19 
U.S.C. 3206) is amended by striking `Decem ber 31, 2006' and inserting `June 30, 2007'. 
(b) CONDITIONAL EXTENSIONS- Section 208 of  the Andean Trade Preference Act (19 
U.S.C. 3206), as amended by subsection (a), is further amended-- 
(1) by striking `No' and inserting `(a) Termin ation- Subject to subsection (b), no'; and 
(2) by adding at the end the following: 
`(b) Conditional Extensions- Duty-free treatment and other preferential treatment under this 
title shall remain in effect with respect to a beneficiary country, during the period beginning 
on July 1, 2007, and ending on December 31, 2007, only if on or before June 30, 2007-- 
`(1) an implementing bill with respect to a trade agreement with that country has been 
enacted into law pursuant to the Bipartis an Trade Promotion Authority Act of 2002; 
and 
`(2) the President determines that the legisl ature of that country has approved such 
trade agreement.'. 
 
SEC. 7003. TECHNICAL AMENDMENTS. 
Section 204(b)(3)(B) of the Andean Trade Pr eference Act (19 U.S.C. 3203(b)(3)(B)) is 
amended-- 
(1) in clause (iii)(II), by striking `The preferential' and inserting `Subject to section 
208, the preferential'; and 
(2) in clause (v)(II), by striking `During' and inserting `Subject to section 208, 
during'. 
  G/C/W/510/Rev.2 
 Page 19 
 
 
  ANNEX I.d 
 
PUBLIC LAW 110-191 
 
The Andean Trade Preference Extension Act of 2008. 
 
SEC. 2. ANDEAN TRADE PREFERENCE ACT. 
(a) Extension- Section 208 of the Andean Trade Preference Act (19 U.S.C. 3206) is 
amended by striking `February 29, 2 008' and inserting `December 31, 2008'. 
(b) Treatment of Certain Apparel Articles-  Section 204(b)(3) of the Andean Trade 
Preference Act (19 U.S.C. 3203(b)(3)(B)) is amended-- 
(1) in subparagraph (B)-- 
(A) in clause (iii)-- 
(i) in subclause (II), by striking `5 succeeding 1-year periods' and 
inserting `6 succeeding 1-year periods'; and 
(ii) in subclause (III)(bb), by inserting `and for the succeeding 1-
year period,' after `for the 1-year period beginning October 1, 
2007,'; and 
(B) in clause (v)(II), by striking `4 succeeding 1-year periods' and 
inserting `5 succeeding 1-year periods'; and 
(2) in subparagraph (E)(ii)(II), by stri king `December 31, 2006' and inserting 
`December 31, 2008'. 
 G/C/W/510/Rev.2 
Page 20  
 
  ANNEX I.e 
 
PUBLIC LAW 110-436 
 
To extend the Andean Trade Preference Act, and for other purposes. 
 
SECTION 1. EXTENSION OF ANDEAN TRADE PREFERENCE ACT. 
(a) EXTENSION.—Section 208 of the Andean Trade Pr eference Act (19 U.S.C. 3206) is amended to 
read as follows: 
 
‘‘SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT. 
 ‘‘(a) IN GENERAL.—No duty-free treatment or other preferential treatment extended to beneficiary 
countries under this title shall  
‘‘(1) remain in effect with respect to Co lombia or Peru after December 31, 2009; 
 
‘‘(2) remain in effect with respect to Ecua dor after June 30, 2009, except that duty-free 
treatment and other preferential treatment under this title shall remain in effect with respect to 
Ecuador during the period beginning on July  1, 2009, and ending on December 31, 2009, 
unless the President reviews the criteria set fort h in section 203, and on or before June 30, 
2009, reports to the Committee on Finance of the Senate and the Committee on Ways and 
Means of the House of Representatives pursuant to subsection (b) that—  
 
‘‘(A) the President has determined that Ec uador does not satisfy the requirements set 
forth in section 203(c) for being designated as a beneficiary country; and 
 
‘‘(B) in making that determination, the President has taken into account each of the 
factors set forth in section 203(d); and 
 
‘‘(3) remain in effect with respect to Bolivia after June 30, 2009, except that duty-free 
treatment and other preferential treatment under this title shall remain in effect with respect to 
Bolivia during the period beginning on July 1,  2009, and ending on December 31, 2009, only 
if the President reviews the criteria set forth in  section 203, and on or before June 30, 2009, 
reports to the Committee on Finance of the Se nate and the Committee on Ways and Means of 
the House of Representatives pursuant to subsection (b) that— 
 
‘‘(A) the President has determined that Boliv ia satisfies the requirements set forth in 
section 203(c) for being designated as a beneficiary country; and 
 
‘‘(B) in making that determination, the President has taken into account each of the factors set forth in section 203(d). 
 ‘‘(b) REPORTS.—On or before June 30, 2009, the Pr esident shall make determ inations pursuant to 
subsections (a)(2)(A) and (a)(3)(A) and report to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives on— 
 ‘‘(1) such determinations; and  ‘‘(2) the reasons for such determinations.’’. 
  G/C/W/510/Rev.2 
 Page 21 
 
 
  (b) TREATMENT OF CERTAIN APPAREL ARTICLES.—Section 204(b)(3) of such Act (19 U.S.C. 
3203(b)(3)) is amended—  
 (1) in subparagraph (B)— 
 
(A) in clause (iii)— 
 (i) in subclause (II), by striking ‘‘6 succeeding 1-year periods’’ and inserting ‘‘7 succeeding 1-year periods’’; and  
(ii) in subclause (III)(bb), by striking ‘‘and for the succeeding 1-year period’’ 
and inserting ‘‘and for the succeeding 2-year period’’; and 
 (B) in clause (v)(II), by striking ‘‘5 succeeding 1-year periods’’ and inserting ‘‘6 succeeding 1-year periods’’; and 
 
(2) in subparagraph (E)(ii)(II), by striking ‘‘December 31, 2008’’ and inserting ‘‘December 
31, 2009’’. 
  
__________