[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47910-47911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19576]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Andean Trade Preference Act (ATPA): Notice Regarding the 2012
Annual Review
AGENCY: Office of the United States Trade Representative.
ACTION: Notice and request for petitions.
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SUMMARY: This notice announces the 2012 Annual Review of the Andean
Trade Preference Act (ATPA). Under this process, petitions may be filed
calling for the limitation, withdrawal or suspension of ATPA or ATPDEA
benefits by presenting evidence that the eligibility criteria of the
program are not being met. USTR will publish a list of petitions filed
in response to this announcement in the Federal Register.
DATES: The deadline for the submission of petitions for the 2012 Annual
ATPA Review is 5 p.m. EDT, September 17, 2012.
ADDRESSES: Public comments should be submitted electronically to
www.regulations.gov, docket number USTR-2012-0019. 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)
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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 (Colombia and Ecuador) via section 501 of the United
States-Colombia Trade Promotion Agreement Implementation Act (CTPA) (19
U.S.C. 3805 Note). As of May 15, 2012, with the entry into force of the
CTPA, only Ecuador remained eligible for benefits under the program.
Consistent with Section 3103(d) of the ATPDEA, USTR promulgated
regulations (15 CFR part 2016) (68 FR 43922) regarding the review of
eligibility of articles and countries for the benefits of the ATPA, as
amended. The 2012 Annual ATPA Review is the eighth such review to be
conducted pursuant to the ATPA review regulations. To qualify for the
benefits of the ATPA and ATPDEA, each country must meet several
eligibility criteria, as set forth in sections 203(c) and (d), and
section 204(b)(6)(B) of the ATPA, as amended (19 U.S.C. 3202(c), (d);
19 U.S.C. 3203(b)(6)(B)), and as outlined in the Federal Register
notice USTR published to request public comments regarding the
designation of eligible countries as ATPDEA beneficiary countries (67
FR 53379). Under section 203(e) of the ATPA, as amended (19 U.S.C.
3202(e)), the President may withdraw or suspend the designation of any
country as an ATPA or ATPDEA beneficiary country, and may also
withdraw, suspend, or limit preferential treatment for any product of
any such beneficiary country, if the President determines that, as a
result of changed circumstances, the country is not meeting the
eligibility criteria.
Notice is hereby given that, in order to be considered in the 2012
Annual ATPA Review, all petitions to withdraw or suspend the
designation of a country as an ATPA or ATPDEA beneficiary country, or
to withdraw, suspend, or limit application of preferential treatment to
any article of any ATPA beneficiary country under the ATPA, or to any
article of any ATPDEA beneficiary country under section 204(b)(1), (3),
or (4) (19 U.S.C. 3202(b)(1), (3), (4)) of the ATPA, must be received
by no later than 5 p.m. EDT on September 17, 2012. Petitioners should
consult 15 CFR 2016.0 regarding the content of such petitions.
Public Comment Requirements for Submissions: Persons submitting
written comments must do so in English and must identify (on the first
page of the submission) ``2012 Annual Review of the Andean Trade
Preference Act.'' Persons may submit public comments electronically to
www.regulations.gov docket number USTR-2012-0019. In order to be
assured of consideration, comments should be submitted by 5 p.m. EDT,
September 17, 2012.
To submit comments via www.regulations.gov, enter docket number
USTR-2012-0019 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-2012-0019
in the search field at: http://www.regulations.gov.
Douglas Bell,
Assistant U.S. Trade Representative for Trade Policy & Economics.
[FR Doc. 2012-19576 Filed 8-9-12; 8:45 am]
BILLING CODE 3290-F2-P