WORLD TRADE  
ORGANIZATION   
WT/L/819 
15 July 2011 
 (11-3572) 
General Council 
27-28 July 2011 Original:   English 
 
 
 
UNITED STATES – ANDEAN TRADE PREFERENCE ACT 
 
Report of the Government of the United States for the Year 2010 
under the Decision of 27 May 20091 
   The following communication, dated 7 July 2011,  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 2010. 
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 leather goods.  The ATPA expired on 31 December 2010. 
4. Section 203 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 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.   
                                                      
1 WT/L/755. WT/L/819 
Page 2  
 
  3. ATPA Performance 
5. 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.  A significant portion of the varia tion 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 US imports from the ATPA countries by value rose 
by over 860 per cent from 2001 to 2010. 
6. Among the 20 leading imports for consumpti on under ATPA in 2010, petroleum products 
claimed preferences totalling $12.4 billion, followe d by cut flowers with a value of $663 million.  
Apparel accounted for about $238 million in impor ts under the program, vegetable and cane sugar 
products for $80 million, certain tuna products for $44 million, molybdenum ores for $31 million, 
ceramic tile and paving for $26 million, and copper bars and rods for $25 million. 
7. While Colombia was the principal beneficiary of the ATPA program, Ecuador overtook Peru 
as the second largest beneficiary country.  This re flected Ecuador’s greater exports of petroleum 
products to the United States under the ATPDEA and Pe ru’s declining utilization of ATPA benefits 
due to the entry into force of the United St ates-Peru Trade Promotion Agreement in 2009. 
8. Statistical annexes are provided to present a detailed description of the trade aspects of the 
ATPA program from 2001 to 2010. 
_______________ 
 
 
Table 1 provides summary information on US imports for consumption under ATPA from 2001 to 
2010. 
 Table 2  provides information on leading US imports under ATPA preferences, by product, from 2007 
to 2010.  Table 3  provides information on US trade with ATPA countries from 2001 to 2010. 
  
   WT/L/819
 Page 3TABLE 1 
US Imports for Consumption under ATPA Provisions, by Sources, 2002-20102 
 
Source 2002 2003 2004 2005 2006 2007 2008 2009 2010 
 Value (1,000 dollars) 
Colombia 404,148 2,908,692 3,888,888 4,653,248 4,791,187 4,527,659 7,339,233 5,589,485 9,472,561 
Ecuador 177,734 1,553,604 2,747,335 4,370,654 5,325,193 4,613,792 6,594,774 2,748,446 4,179,067 
Peru 381,814 1,279,283 1,602,673 2,282,661 3,201,851 3,017,244 3,168,702 1,376,312 759,278 
Bolivia, 
Plurinational State of 37,119 94,453 120,363 157,386 166,216 148,148 139,966 0 0 
Total 1,000,816 5,836,032 8,359,258 11,463,949 13 ,484,448 12,306,843 17,242,675 9,714,243 14,410,906 
 Per cent of total 
Colombia 40.38 49.84 46.52 40. 59 35.53 36.79 42.56 57.54 65.73 
Ecuador 17.76 26.62 32.87 38.13 39.49 37.49 38.25 28.29 29.00 
Peru 38.15 21.92 19.17 19.91 23.74 24.52 18.38 14.17 5.27 
Bolivia, 
Plurinational 
State of 3.71 1.62 1.44 1.37 1.23 1.20 0.81 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 US International Trade Commission. 
                                                      
2 Includes imports from all ATPA countries for all years, includi ng Plurinational State of Bolivia.  Plurinational State of Boli via was not eligible for ATPA preferences 
as of 15 December 2008. WT/L/819 
Page 4  
 
  TABLE 2  
Leading US Imports for Consumption under ATPA Provisions, 2008-2010 
 
HTS 
number Description 2008 2009 2010 Change 
2009-2010 
Value (millions of 
dollars) Per cent 
2709.00.10 Petroleum oils and oils from bituminous minerals, crude, 
testing under 25 degrees A.P.I. 10,128 6,036 8,772 45.3 
2709.00.20 Petroleum oils and oils from bituminous minerals, crude, 
testing 25 degrees A.P.I. or more 2,079 921 3,172 244.6 
0603.11.00 Sweetheart, Spray and other Roses, fresh cut 310 305 314 2.8 2710.19.05 Distillate and residual fuel oil (including blends) derived from 
petroleum or oils from bitumi nous minerals, testing under 25 
degrees A.P.I. 629 245 310 26.7 
0603.19.00 fresh cut, Anthuriums ,Alstroemeria,Gypsophilia,Lilies, 
Snapdragons and flowers, nesoi 193 188 212 12.9 
0603.14.00 Chrysanthemums, fresh cut 67 75 97 29.3 2710.11.25 Naphthas (exc. motor fuel/mtr fuel blend. stock) fr petroleum 
oils & bitumin minerals (o/than crude) or preps 70%+ by wt. fr 
petroleum oils 377 127 80 -36.8 
6109.10.00 T-shirts, singlets, tank tops and similar garments, knitted or 
crocheted, of cotton 162 95 75 -21.8 
6203.42.40 Men's or boys' trousers a nd shorts, not bibs, not knitted or 
crocheted, of cotton, not containing 15% or more by weight of 
down, etc 86 49 66 35.2 
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 36 32 65 105.8 
6110.20.20 Sweaters, pullovers and simila r articles, knitted or crocheted, of 
cotton, nesoi 240 127 54 -57.0 
1604.14.30 Tunas and skipjack, not in oil, in airtight containers, n/o 7 kg, 
not of US possessions, over quota 70 43 44 2.5 
6105.10.00 Men's or boys' shirts, knitted or  crocheted, of cotton 176 85 43 -49.3 
0603.12.70 Other Carnations, fresh cut 38 34 40 18.5 1701.11.10 Cane sugar, raw, in solid form, w/o added flavoring or coloring, 
subject to add. US 5 to Ch.17 15 21 31 47.6 
2613.90.00 Molybdenum ores and concentrates, not roasted 54 15 31 112.4 6908.90.00 Glazed ceramic flags and pa ving, hearth or wall tiles; glazed 
ceramic mosaic cubes and the like, nesoi 27 24 26 9.2 
2005.99.80 Artichokes, prepared or preserved otherwise than by vinegar or 
acetic acid, not frozen 46 31 25 -17.8 
7407.10.50 Refined copper, bars and rods 31 14 25 74.9 
0710.80.97 Vegetables nesi, uncooked or cooked by steaming or boiling in 
water, frozen, reduced in size 36 27 24 -11.9 
Total of above 14,800 8,493 13,508 59.1 
All other 2,442 1,221 903 -26.1 
  Total 17,243 9,714 14,411 48.3 
Note:  Because of rounding, figures may not add to totals given.  The abbrevia tion "nesoi" stands for "not elsewhere 
specified or otherwise included." 
Source :  Compiled from official statistics of the US International Trade Commission. 
  WT/L/819 
 Page 5 
 
 
   
TABLE 3 
US Trade with ATPA Beneficiary Countries, 2002-20103 
 
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 
2002 6,463.8 1.0 9,611.5 0.8 -3,147.7 
2003 6,525.7 1.0 11,639.5 0.9 -5,113.8 
2004 7,663.6 1.1 15,489.8 1.1 -7,826.2 
2005 8,919.1 1.1 20,060.1 1.2 -11,141.0 
2006 11,636.5 1.3 22,510.6 1.2 -10,874.1 
2007 14,620.5 1.4 20,922.9 1.1 -6,302.4 
2008 19,762.7 1.7 28,483.0 1.4 -8,720.3 
2009 17,074.8 1.8 21,193.9 1.4 -4,119.0 
2010 22,513.4 2.0 28,854.8 1.5 -6,341.4 
Source :  Compiled from official statistics of the US International Trade Commission. 
 
 
__________  
                                                      
3 Includes imports from all ATPA countries for all years, including Plurinational State of Bolivia.  
Plurinational State of Bolivia was not eligible for ATPA preferences as  of 15 December 2008. 
4 Domestic exports, f.a.s. basis. 
5 Imports for consumption, customs value.