[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Pages 24555-24556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9838]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Andean Trade Preference Act (ATPA), as Amended: Request for 
Public Comments Regarding Beneficiary Countries

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

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SUMMARY: In compliance with section 203(f) of the ATPA, as amended, 19 
U.S.C. 3202(f)(2), the Office of the United States Trade Representative 
(USTR) is requesting the views of interested parties on whether the 
remaining designated beneficiary country (as of May 15, 2012), Ecuador, 
is meeting the eligibility criteria under the ATPA. (See 19 U.S.C. 
3203(b)(6)(B)). This information will be used in the preparation of a 
report to the Congress on the operation of the program.

DATES: Public comments are due at USTR by noon, May 22, 2012.

ADDRESSES: Public comments should be submitted electronically to 
www.regulations.gov, docket number USTR-2012-0006. If you are unable to 
provide submissions through www.regulations.gov, please contact Bennett 
Harman, at (202) 395-9446 to arrange for an alternative method of 
transmission.

FOR FURTHER INFORMATION CONTACT: Bennett Harman, Deputy Assistant USTR 
for Latin America, at (202) 395-9446.

SUPPLEMENTARY INFORMATION: The ATPA, as amended by the Andean Trade 
Promotion and Drug Eradication Act of 2002 (ATPDEA) in the Trade Act of 
2002, 19 U.S.C. 3201 et seq., provides trade benefits for eligible 
Andean countries. The original Act allowed only Bolivia, Ecuador, 
Colombia, and Peru to be considered as beneficiary countries if they 
met eligibility requirements laid out in 19 U.S.C. 3203(b)(6)(B).
    In Proclamation 8323 of November 25, 2008, the President determined 
that Bolivia no longer satisfies the eligibility criteria related to 
counternarcotics and suspended Bolivia's status as a beneficiary 
country for purposes of the ATPA and ATPDEA. In a June 30, 2009 report 
to Congress, the President did not determine that Bolivia satisfies the 
requirements set forth in section 203(c) of the ATPA (19 U.S.C. 
3202(c)) for being designated as a beneficiary country. Therefore, as 
provided for in section 208(a)(3) of the Act (19 U.S.C. 3206(a)(3)), no 
duty free treatment or other preferential treatment extended under the 
ATPA remained in effect with respect to Bolivia after June 30, 2009.
    Further, Section 201 of the Omnibus Trade Act of 2010 (Pub. L. 111-
344), which re-authorized the ATPDEA, terminated any duty free 
treatment or other preferential treatment available under ATPDEA to 
Peru, effective December 31, 2010.
    On February 12, 2011, the trade benefits conferred under the ATPDEA 
lapsed but were re-instated retroactively on October 21, 2011 for 
eligible countries via section 501 of the United States-Colombia Trade 
Promotion Agreement Implementation Act (19 U.S.C. 3805 Note). Since 
January 1, 2011, only Ecuador and Colombia have been eligible 
beneficiary countries, pursuant to statute. Colombia will no longer be 
an eligible beneficial country under the ATPDEA as of May 15, 2012, 
when the U.S.-Colombia Trade Promotion Agreement enters into force (19 
U.S.C. 3805 Note).

[[Page 24556]]

    Section 203(f) of the ATPA (19 U.S.C. 3202(f)) requires the USTR, 
not later than June 30, 2012, to submit to Congress a report on the 
operation of the ATPA. Before submitting such report, USTR is required 
to request comments on whether beneficiary countries are meeting the 
criteria set forth in 19 U.S.C. 3203(b)(6)(B) (which incorporates by 
reference the criteria set forth in sections 3202(c) and (d)). USTR 
refers interested parties to the Federal Register notice published on 
August 15, 2002 (67 FR 53379), for a full list of the eligibility 
criteria.
    Public Comment Requirements for Submissions: Persons submitting 
written comments must do so in English and must identify (on the first 
page of the submission) ``USTR Report on Operation of the Andean Trade 
Preference Act.'' Persons may submit public comments electronically to 
www.regulations.gov docket number USTR-2012-0006. In order to be 
assured of consideration, comments should be submitted by noon, May 22, 
2012.
    To submit comments via www.regulations.gov, enter docket number 
USTR-2012-0006 on the home page and click ``search.'' The site will 
provide a search-results page listing all documents associated with 
this docket. Find a reference to this notice by selecting ``Notice'' 
under ``Document Type'' on the left side of the search-results page, 
and click on the link entitled ``Submit a Comment.'' (For further 
information on using the www.regulations.gov Web site, please consult 
the resources provided on the Web site by clicking on ``How to Use This 
Site'' on the left side of the home page.)
    The www.regulations.gov site provides the option of providing 
comments by filling in a ``Type Comments'' field, or by attaching a 
document using an ``Upload File'' field. It is expected that most 
comments will be provided in an attached document. If a document is 
attached, it is sufficient to type ``see attached'' in the ``Type 
Comments'' field.
    A person requesting that information contained in a comment 
submitted by that person be treated as confidential business 
information must certify that such information is business confidential 
and would not customarily be released to the public by the submitter. 
Confidential business information must be clearly designated as such 
and the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top 
and bottom of the cover page and each succeeding page. Any comment 
containing business confidential information must be submitted by fax 
to Bennett Harman at (202) 395-9675. A non-confidential summary of the 
confidential information must be submitted to www.regulations.gov. The 
non-confidential summary will be placed in the docket and open to 
public inspection.
    Information or advice contained in a comment submitted, other than 
business confidential information, may be determined by USTR to be 
confidential in accordance with section 135(g)(2) of the Trade Act of 
1974 (19 U.S.C. 2155(g)(2). If the submitter believes that information 
or advice may qualify as such, the submitter--
    (1) Must clearly so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
at the top and bottom of the cover page and each succeeding page; and
    (3) Must provide a non-confidential summary of the information or 
advice.
    Any comment containing confidential information must be submitted 
by fax. A non-confidential summary of the confidential information must 
be submitted to www.regulations.gov. The non-confidential summary will 
be placed in the docket and open to public inspection.
    Please do not attach separate cover letters to electronic 
submissions; rather, include any information that might appear in a 
cover letter in the comments themselves. Similarly, to the extent 
possible, please include any exhibits, annexes, or other attachments in 
the same file as the submission itself, not as separate files.
    USTR strongly urges submitters to file comments through 
www.regulations.gov, if at all possible. Any alternative arrangements 
must be made with Bennett Harman in advance of transmitting a comment. 
Mr. Harman should be contacted at (202) 395-9446. General information 
concerning USTR is available at http://www.ustr.gov.
    Inspection of Submissions: Submissions in response to this notice, 
except for information granted ``business confidential'' status, will 
be available for public viewing at http://www.regulations.gov. Such 
submissions may be viewed by entering the docket number USTR-2012-0006 
in the search field at: http://www.regulations.gov.

Douglas Bell,
Assistant U.S. Trade Representative for Trade Policy & Economics.
[FR Doc. 2012-9838 Filed 4-23-12; 8:45 am]
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