[Federal Register Volume 68, Number 23 (Tuesday, February 4, 2003)]
[Rules and Regulations]
[Pages 5542-5545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2705]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

15 CFR Part 2016


Establishment of a Petition Process To Review Eligibility of 
Countries for the Benefits of the Andean Trade Preference Act, as 
Amended by the Andean Trade Promotion and Drug Eradication Act

AGENCY: Office of the United States Trade Representative.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule, on an interim final and emergency basis, provides 
for the establishment of a petition process to review the eligibility 
of countries for the benefits of the Andean Trade Preference Act, as 
amended by the Andean Trade Promotion and Drug Eradication Act.

ADDRESSES: Submit written comments to Bennett M. Harman, Office of the 
Americas, Office of the United States Trade Representative, 600 17th 
Street, NW., Room 523, Washington DC 20508.

DATES: Interim rule effective February 4, 2003. Comments must be 
received on or before April 7, 2003.

FOR FURTHER INFORMATION CONTACT: Bennett M. Harman, Office of the 
Americas, Office of the United States Trade Representative. The 
telephone number is (202) 395-5190.

SUPPLEMENTARY INFORMATION: Signed into law on August 6, 2002, the Trade 
Act of 2002 (Pub. L. 107-210) contains, in title XXXI, provisions for 
enhanced trade benefits for eligible Andean countries. Titled the 
``Andean Trade Promotion and Drug Eradication Act'' (ATPDEA), title 
XXXI renews and amends the Andean Trade Preference Act (ATPA) (19 
U.S.C. 3201, et seq.). Section 3103(d) of the ATPDEA requires the 
President to promulgate regulations regarding the review of eligibility 
of countries for benefits of the ATPA, consistent with section 203(e) 
of the ATPA, amended by the ATPDEA, not later than 180 days after the 
date of enactment of the Trade Act of 2002. This authority was 
delegated to the U.S. Trade Representative (USTR) pursuant to Executive 
Order 13277 on November 19, 2002.
    Section 203(e) of the ATPA, as amended, gives the President the 
authority to withdraw or suspend the designation of any ATPA or ATPDEA 
beneficiary country, or withdraw, suspend, or limit the application of 
preferential treatment under the ATPA, as amended by the ATPDEA, to any 
article of any such country, if the President determines that, as a 
result of

[[Page 5543]]

changed circumstances, the country is not meeting the respective 
eligibility criteria of the ATPA and ATPDEA. Section 203(e) also 
establishes certain procedural guidelines for taking any of the actions 
described above. Presidential Proclamation 7616 of October 31, 2002, 
delegated to the USTR the functions of the President under section 
203(e)(2)(A) of the ATPA with respect to publishing notice of an action 
he proposes to take under section 203(e).
    In accordance with section 3103(d)(2) of the ATPDEA, the interim 
rule is similar to the regulations governing the annual review used to 
modify the U.S. Generalized System of Preferences, which is authorized 
by title V of the Trade Act of 1974 (19 U.S.C. 2461, et seq.), as 
amended. The interim rule establishes an annual review that allows for 
public input, and includes procedures for requesting the withdrawal, 
suspension, or limitation of preferential duty treatment under the 
ATPA, as amended, and for reviewing such requests and implementing 
granted requests.

Emergency Action

    This rulemaking is necessary on an emergency basis to meet the 
statutory deadline. Under these circumstances, USTR has determined that 
prior notice and opportunity for public comment are contrary to the 
public interest and that there is good cause under 5 U.S.C. 553 for 
making this rule effective less than 30 days after publication in the 
Federal Register.

Comments

    Before adopting this interim regulation as a final rule, 
consideration will be given to any written comments that are timely 
submitted to USTR. Each person submitting a comment should include his 
or her name and address, and give reasons for any recommendation. After 
the comment period closes, USTR will publish in the Federal Register a 
final rule on this subject, together with a discussion of comments 
received and any amendments made to the interim rule as a result of the 
comments.
    In order to facilitate prompt consideration of submissions, USTR 
strongly urges and prefers electronic e-mail submissions in response to 
this notice. The e-mail address is [email protected]. It is strongly 
recommended that comments submitted by mail or express delivery service 
to the address for Mr. Harman listed above also be sent by e-mail. 
Persons making submissions by e-mail should use the following subject 
line: ``ATPA Petition Process.'' Documents should be submitted as 
either WordPerfect, MSWord, or text (.TXT) files. Supporting 
documentation submitted as spreadsheets are acceptable as Quattro Pro 
or Excel. For any document containing business confidential information 
submitted electronically, the file name of the business confidential 
versions should begin with the characters ``BC-'', and the file name of 
the public version should begin with the characters ``P-''. The ``P-'' 
or ``BC-'' should be followed by the name of the submitter. Persons who 
make submissions by e-mail should not provide separate cover letters; 
information that might appear in a cover letter should be included in 
the submission itself. Similarly, to the extent possible, any 
attachments to the submission should be included in the same file as 
the submission itself, and not as separate files. Persons submitting 
written comments by mail or express delivery service should provide 20 
copies. All submissions should be in English.
    Written comments will be placed in a file open to public inspection 
pursuant to 15 CFR 2003.5, except confidential business information 
exempt from public inspection in accordance with 15 CFR 2003.6. 
Confidential business information submitted in accordance with 15 CFR 
2003.6 must be clearly marked ``BUSINESS CONFIDENTIAL'' at the top of 
each page, including any cover letter or cover page, and must be 
accompanied by a nonconfidential summary of the confidential 
information. All public documents and nonconfidential summaries shall 
be available for public inspection in the USTR Reading Room. The USTR 
Reading Room is open to the public, by appointment only, from 10 a.m. 
to 12 noon and 1 p.m. to 4 p.m., Monday through Friday. An appointment 
to review the file may be made by calling (202) 395-6186.

The Regulatory Flexibility Act and Executive Order 12866

    Under the Regulatory Flexibility Act, a Regulatory Flexibility 
Analysis is not required under sections 603 or 604 because USTR is not 
publishing a Notice of Proposed Rulemaking. This interim rule is 
significant under Executive Order 12866 of September 30, 1993, and has 
been reviewed by the Office of Management and Budget.

List of Subjects in 15 CFR Part 2016

    Administrative practice and procedure, Confidential business 
information, Foreign trade.


    For the reasons set out in the ``Supplementary Information'' 
section of this notice, 15 CFR is amended by adding the following new 
part 2016 to read as follows:

PART 2016--ESTABLISHMENT OF A PETITION PROCESS TO REVIEW 
ELIGIBILITY OF COUNTRIES FOR THE BENEFITS OF THE ANDEAN TRADE 
PREFERENCE ACT (ATPA), AS AMENDED BY THE ANDEAN TRADE PROMOTION AND 
DRUG ERADICATION ACT (ATPDEA)

Sec.
2016.0 Requests for reviews.
2016.1 Action following receipt of petitions.
2016.2 Timetable for reviews.
2016.3 Publication regarding requests.
2016.4 Information open to public inspection.
2016.5 Information exempt from public inspection.

    Authority: 19 U.S.C. 3201, et seq.; Sec. 3103(d), Pub. L. 107-
210, 116 Stat. 933 E.O. 13277, 67 FR 70303.


Sec.  2016.0  Requests for reviews.

    (a) Any person may submit a request (hereinafter ``petition'') that 
the designation of a country as an Andean Trade Preference Act (ATPA) 
beneficiary country be withdrawn or suspended, or the application of 
preferential treatment under the ATPA to any article of any ATPA 
beneficiary country be withdrawn, suspended, or limited. Such petitions 
must specify the name of the person or the group requesting the review. 
The Office of the United States Trade Representative (USTR) suggests 
that, in addition, such petitions identify the ATPA beneficiary country 
that would be subject to the review; if the petition is requesting that 
the preferential treatment of an article or articles be withdrawn, 
suspended, or limited, identify such article or articles with 
particularity and explain why such article or articles were selected; 
indicate the specific section 203(e) or (d) (19 U.S.C. 3202(c), (d)) 
eligibility criterion or criteria that the petitioner believes warrants 
review; and include all available supporting information. The Andean 
Subcommittee of the Trade Policy Staff Committee (TPSC) may also 
request other information. If the subject matter of the petition was 
reviewed pursuant to a previous petition, the Andean Subcommittee would 
be interested in any new information related to the issue provided by 
the petitioner.
    (b) Any party may submit a petition that the designation of a 
country as an Andean Trade Promotion and Drug Eradication Act (ATPDEA) 
beneficiary

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country be withdrawn or suspended, or the application of preferential 
treatment to any article of any ATPDEA beneficiary country under 
section 204(b)(1), (3), or (4) (19 U.S.C. 3202(b)(1), (3) or (4)) be 
withdrawn, suspended, or limited. Such petitions must specify the name 
of the person or the group requesting the review. USTR suggests that, 
in addition, such petitions: Identify the ATPDEA beneficiary country 
that would be subject to the review; if the petition is requesting that 
the preferential treatment of an article or articles be withdrawn, 
suspended, or limited, identify such article or articles with 
particularity and explain why such article or articles were selected; 
indicate the specific section 204(b)(6)(B) (19 U.S.C. 3203(b)(6)(B)) 
eligibility criterion or criteria that the petitioner believes warrants 
review; and include all available supporting information. The Andean 
Subcommittee may also request other information. If the subject matter 
of the petition was reviewed pursuant to a previous petition, the 
Andean Subcommittee would be interested in any new information related 
to the issue provided by the petitioner.
    (c) All petitions and other submissions should be submitted in 
accordance with the schedule (see Sec.  2016.2) and requirements for 
submission that will be published annually in the Federal Register in 
advance of each review. Foreign governments may make submissions in the 
form of diplomatic correspondence and should observe the deadlines for 
each annual review published in the Federal Register.
    (d) The TPSC may at any time, on its own motion, initiate a review 
to determine whether the designation of a country as an ATPA 
beneficiary country should be withdrawn or suspended; the application 
of preferential treatment under the ATPA to any article of any ATPA 
beneficiary country should be withdrawn, suspended, or limited; the 
designation of a country as an ATPDEA beneficiary country should be 
withdrawn or suspended; or the application of preferential treatment to 
any article of any ATPDEA beneficiary country under section 204(b)(1), 
(3), or (4) (19 U.S.C. 3202(b)(1), (3), or (4)) should be withdrawn, 
suspended, or limited.
    (e) Petitions requesting the actions described in paragraph (a) or 
(b) of this section that indicate the existence of exceptional 
circumstances warranting an immediate review may be considered outside 
of the schedule for the annual review announced in the Federal 
Register. Requests for such urgent consideration should contain a 
statement of reasons indicating why an expedited review is warranted.


Sec.  2016.1  Action following receipt of petitions.

    (a) USTR shall publish in the Federal Register a list of petitions 
filed in response to the announcement of the annual review, including 
the subject matter of the request and, where appropriate, the 
description of the article or articles covered by the request.
    (b) Thereafter, the Andean Subcommittee shall conduct a preliminary 
review of the petitions, and shall submit the results of its 
preliminary review to the TPSC. The TPSC shall review the work of the 
Andean Subcommittee and shall conduct further review as necessary. The 
TPSC shall prepare recommendations for the USTR on any proposed action 
to modify the ATPA. The Chairman of the TPSC shall report the results 
of the TPSC's review to the USTR, who may convene the Trade Policy 
Review Group (TPRG), or refer the matter to the National Security 
Council (NSC) committee process for further review of recommendations 
and decisions as necessary.
    (c) The USTR, after receiving the advice of the TPSC, TPRG or the 
NSC committee process, shall announce in the Federal Register notice of 
the results of the preliminary review, together with proposed action or 
actions and a schedule for receiving public input consistent with 
section 203(e) of the ATPA, as amended (19 U.S.C. 3202(e)).
    (1) The schedule shall include the deadline and guidelines for any 
party to submit written comments supporting, opposing or otherwise 
commencing on any proposed action.
    (2) The schedule shall also include the time and place of the 
public hearing, as well as the deadline and guidelines for submitting 
requests to present oral testimony.
    (d) After receiving and considering public input, the Andean 
Subcommittee shall submit the results of the final review to the TPSC. 
The TPSC shall review the work of the Andean Subcommittee and shall 
conduct further review as necessary. The TPSC shall prepare 
recommendations for the President on any proposed action to modify the 
ATPA. The Chairman of the TPSC shall report the results of the TPSC's 
review to the USTR, who may convene the TPRG, or refer the matter to 
the NSC committee process for further review of recommendations and 
decisions as necessary. The USTR, after receiving the advice of the 
TPSC, TPRG or the NSC committee process, shall make recommendations to 
the President on any proposed action to modify the ATPA, including 
recommendations that no action be taken. The USTR shall also forward to 
the President any documentation necessary to implement the recommended 
proposed action or actions to modify the ATPA.
    (e) In considering whether to recommend any proposed action to 
modify the ATPA, the Andean Subcommittee, on behalf of the TPSC, TPRG, 
or the NSC committee process, shall review all relevant information 
submitted in connection with a petition or otherwise available.


Sec.  2016.2  Timetable for reviews.

    Beginning in calendar year 2003, reviews of pending petitions shall 
be conducted at least once each year, according to the following 
schedule, unless otherwise specified by Federal Register notice:
    (a) September 15: Deadline for submission of petitions for review;
    (b) On or about December 1: Federal Register announcement of the 
results of the preliminary review;
    (c) December/January: Written comments submitted and a public 
hearing held on any proposed actions;
    (d) February/March: Preparation of recommendations to the 
President, Presidential decision, and implementation of Presidential 
decision.


Sec.  2016.3  Publication regarding requests.

    Following the Presidential decision and, where required, the 
publication of a Presidential proclamation modifying the ATPA in the 
Federal Register, USTR will publish a summary of the decisions made in 
the Federal Register, including:
    (a) For petitions upon which decisions were made, a description of 
the outcome of the review; and
    (b) A list of petitions upon which no decision was made, and thus 
which are pending further review.


Sec.  2016.4  Information open to public inspection.

    With the exception of information subject to Sec.  2016.5, any 
person may, upon request, inspect in the USTR Reading Room:
    (a) Any written petition, comments, or similar submission of 
information made pursuant to this part; and
    (b) Any stenographic record of any public hearings held pursuant to 
this part.


Sec.  2016.5  Information exempt from public inspection.

    (a) Information submitted in confidence shall be exempt from public 
inspection if it is determined that the

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disclosure of such information is not required by law.
    (b) A party requesting an exemption from public inspection for 
information submitted in writing shall clearly mark each page 
``BUSINESS CONFIDENTIAL'' at the top, and shall submit a non-
confidential summary of the confidential information. Such person shall 
also provide a written explanation of why the material should be so 
protected.
    (c) A request for exemption of any particular information may be 
denied if it is determined that such information is not entitled to 
exemption under law. In the event of such a denial, the information 
will be returned to the person who submitted it, with a statement of 
the reasons for the denial.

Bennett M. Harman,
Acting Assistant United States Trade Representative for the Americas.
[FR Doc. 03-2705 Filed 2-3-03; 8:45 am]
BILLING CODE 3190-01-M