WORLD TRADE  
ORGANIZATION  WT/COMTD/W/149 
15 May 2006 
 
 (06-2352) 
Committee on Trade and Development Original:   English 
  
 
DUTY-FREE, QUOTA-FREE MARKET ACCESS  
FOR THE LEAST-DEVELOPED COUNTRIES 
 
Communication from the United States 
 
 
 
 The following communication, dated 12 May 2006, is being circulated at the request of the 
delegation of the United States.  
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I. INTRODUCTION 
1. This paper provides an overview of the procedural  steps the United States will need to take to 
implement the decision contained in the Hong K ong Ministerial Declaration (WT/MIN(05)/DEC) on 
duty-free, quota-free market access (DFQF).  This info rmation is intended to facilitate discussion on 
DFQF and to ensure transparency with respect to the US process, recognizing the complexity of the 
issues involved.  We hope other WTO Members sh are our commitment to transparency, and look 
forward to understanding more fully the implementa tion plans of others, including those developing 
countries in a position to provide DFQF. 
2. The United States is fully committed to impl ementing the decision on DFQF to the Least-
Developed Countries (LDCs) on the terms agreed by Ministers in Hong Kong, together with the 
results of the overall negotiations under the Doha Development Agenda (DDA).  Successful 
completion of the DDA is therefore a prerequisite fo r US implementation of the DFQF initiative.  The 
United States is also fully committed to implemen t this decision in a manner that will result in 
meaningful opportunities fo r products of LDCs.   
3. The United States plans to provide opportunities for input from all stakeholders through a 
transparent and consultative process, recognizing that identification of interests for many stakeholders 
and resolution of some implementation-related issu es may not be achieved until specific results are 
obtained in other areas of the negotiations under th e DDA.  The legislative and consultative processes 
described below are iterative in nature, with each st ep informing the direction of the next step, making 
it difficult to predict with certainty specific outcom es.  Even so, we believe this overview will be 
useful to clarify and inform subsequent discussions regarding implementation. 
II. OVERVIEW OF IMPLEMENTATION PROCESSES UNDER US LAW 
4. While the United States already provides extens ive duty-free treatment to the products of 
LDCs, new statutory authority will be needed to grant the benefits outlined in the Ministerial 
Decision.  In order to initiate the formal legi slative process through introduction of a bill in the 
US Congress, we must first develop a legislative framework. WT/COMTD/W/149 
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  5. Development of this legislation will require  careful evaluation of its impact on and 
relationship to current tariff preference programs,  such as the African Growth and Opportunity Act 
and the Caribbean Basin Initiative.  Several of th ese programs currently provide duty-free benefits to 
LDCs.  Internal deliberations are underway to anal yze the aspects of these programs which would be 
affected by the DFQF initiative. 
6. Under statutory mandates, the United States must  also consult with interested parties, 
including through legally-established consultation mechanisms.  The consultative process in the 
United States is designed to inform decision makers of stakeholder views to the fullest extent possible, as well as to maximize the transparency of  the decision making process.  With respect to 
implementation of DFQF for products of LDCs, input  will be sought from stakeholders on the full 
range of legal and policy decisi ons that will be required.   
7. In particular, interested WTO Members will have  extensive opportunity to participate in the 
consultative process, including through the fo rmal process of soliciting public comment.  Our 
planning is underway for soliciting public comm ent, and we will announce dates as soon as 
practicable.  The United States will also provide de tails to the CTD on how interested WTO Members 
can participate as the formal consultative process unfolds.  
8. As noted above, the consultative process is itera tive, and is conducted through formal and 
informal mechanisms such as:   
• Requests for submission of public comments and notifications of public hearings through 
publication of notices in the Federal Register;
1 
 
• Formal consultations with the Congress, in cluding through the Congressional Oversight 
Group2 composed of members from a broad range  of Congressional committees, and with the 
formally-appointed official Congressi onal advisors on trade policy;  
 
• Informal consultations with Congress consisti ng of detailed briefings provided on a regular 
basis and extensive liaison activities;  
 
• Consultations with the private sector throug h the trade policy advisory committee system 
which consists of 26 advisory committees with a total membership of approximately 
700 advisors;  and 
 
• Intergovernmental consultations  among 19 federal agencies through the Trade Policy Review 
Group and the Trade Policy Staff Committee agencies.  
 9. Finally, the Administration will seek the a dvice of the International Trade Commission 
regarding the economic effects a ssociated with implementation. 
                                                     
 
1The Federal Register is the official  publication of the United States.  It is published every business day 
and contains Federal agency regulations, proposed rules, notices, Executive Orders, proclamations, and other 
Presidential documents.  It can be accessed at http://www.gpoaccess.go v/nara/index.html . 
2 The Congressional Oversight Group (“COG”) was created by the Trade Act of 2002 as a forum for 
consultations on trade negotiations between USTR and the U.S. Congress.   WT/COMTD/W/149 
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  III. CONCLUSION 
10. We look forward to providing appropriate de tails to inform the review process in the 
Committee on Trade and Development as our domes tic process moves ahead toward implementing 
the duty-free, quota-free decision made at Hong Kong.  We are also fully committed to making progress in the other areas of the Doha negotiations.  We look to other WTO Members to join us in 
working toward a successful outcome of the DDA, to lock in the important decisions made in 
Hong Kong, including in regard to duty-free, quota-free market access for products from the LDCs. 
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