[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Notices]
[Pages 42157-42159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17996]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Generalized System of Preferences (GSP): Initiation of a Review 
To Consider the Designation of the People's Democratic Republic of 
Algeria as a Beneficiary Developing Country Under the GSP

AGENCY: Office of the United States Trade Representative.

ACTION: Notice and solicitation of public comment with respect to the 
eligibility of People's Democratic Republic of Algeria (Algeria) for 
the GSP program.

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SUMMARY: This notice announces the initiation of a review to consider 
the designation of Algeria as a beneficiary developing country under 
the GSP program and solicits public comment relating to the designation 
criteria. Comments are due August 15, 2003 in accordance with the 
requirements for submission explained below.

ADDRESSES: Submit comments by electronic mail (e-mail) to 
[email protected]. For assistance or if unable to submit comments by e-
mail, contact the GSP Subcommittee, Office of the United States Trade 
Representative (USTR), 1724 F Street, NW., Room F-220, Washington, DC 
20508, at (202) 395-6971.

FOR FURTHER INFORMATION CONTACT: Contact the GSP Subcommittee, Office 
of the United States Trade Representative (USTR), 1724 F Street, NW., 
Room F-220, Washington, DC 20508. The telephone number is (202) 395-
6971 and the facsimile number is (202) 395-9481.

SUPPLEMENTARY INFORMATION: The GSP Subcommittee of the Trade Policy 
Staff Committee (TPSC) has initiated a review in order to make a 
recommendation to the President as to whether Algeria meets the 
eligibility criteria of the GSP statute, as set out below. After 
considering the eligibility criteria, the President is authorized to 
designate Algeria as a beneficiary developing country for purposes of 
the GSP. Interested parties are invited to submit comments regarding 
the eligibility of Algeria for designation as a GSP beneficiary 
developing country. Submissions should comply with 15 CFR part 2007 and 
the instructions that follow.

Eligibility Criteria

    The trade benefits of the GSP are available to any country that the 
President designates as a GSP ``beneficiary developing country.'' In 
designating countries as GSP beneficiary developing countries, the 
President must consider the criteria in sections 502(b)(2) and 502(c) 
of the Trade Act of 1974, as amended (19 U.S.C. 2462(b)(2), 2462(c)) 
(``the Act'').
    Section 502(b)(2) provides that a country is ineligible for 
designation if:
    1. Such country is a Communist country, unless--
    a. The products of such country receive nondiscriminatory 
treatment,
    b. Such country is a WTO Member (as such term is defined in section 
2(10) of the Uruguay Round Agreements Act) (19 U.S.C. 3501(10)) and a 
member of the International Monetary Fund, and
    c. Such country is not dominated or controlled by international 
communism.
    2. Such country is a party to an arrangement of countries and 
participates in any action pursuant to such arrangement, the effect of 
which is--
    a. To withhold supplies of vital commodity resources from 
international trade or to raise the price of such commodities to an 
unreasonable level, and
    b. To cause serious disruption of the world economy.
    3. Such country affords preferential treatment to the products of a 
developed country, other than the United States, which has, or is 
likely to have, a significant adverse effect on United States commerce.
    4. Such country--
    a. Has nationalized, expropriated, or otherwise seized ownership or 
control of property, including patents, trademarks, or copyrights, 
owned by a United States citizen or by a corporation, partnership, or 
association which is 50 percent or more beneficially owned by United 
States citizens,
    b. Has taken steps to repudiate or nullify an existing contract or 
agreement with a United States citizen or a corporation, partnership, 
or association which is 50 percent or more beneficially owned by United 
States citizens, the effect of which is to nationalize, expropriate, or 
otherwise seize ownership or control of property, including patents, 
trademarks, or copyrights, so owned, or
    c. Has imposed or enforced taxes or other exactions, restrictive 
maintenance or operational conditions, or other measures with respect 
to property, including patents, trademarks, or copyrights, so owned, 
the effect of which is to nationalize, expropriate, or otherwise seize 
ownership or control of such property, unless the President determines 
that--
    i. Prompt, adequate, and effective compensation has been or is 
being made to the citizen, corporation, partnership, or association 
referred to above,

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    ii. Good faith negotiations to provide prompt, adequate, and 
effective compensation under the applicable provisions of international 
law are in progress, or the country is otherwise taking steps to 
discharge its obligations under international law with respect to such 
citizen, corporation, partnership, or association, or
    iii. A dispute involving such citizen, corporation, partnership, or 
association over compensation for such a seizure has been submitted to 
arbitration under the provisions of the Convention for the Settlement 
of Investment Disputes, or in another mutually agreed upon forum, and 
the President promptly furnishes a copy of such determination to the 
Senate and House of Representatives.
    5. Such country fails to act in good faith in recognizing as 
binding or in enforcing arbitral awards in favor of United States 
citizens or a corporation, partnership, or association which is 50 
percent or more beneficially owned by United States citizens, which 
have been made by arbitrators appointed for each case or by permanent 
arbitral bodies to which the parties involved have submitted their 
dispute.
    6. Such country aids or abets, by granting sanctuary from 
prosecution to, any individual or group which has committed an act of 
international terrorism or the Secretary of State makes a determination 
with respect to such country under section 6(j)(1)(A) of the Export 
Administration Act of 1979 (50 U.S.C. Appx. section 2405(j)(1)(A)) or 
such country has not taken steps to support the efforts of the United 
States to combat terrorism.
    7. Such country has not taken or is not taking steps to afford 
internationally recognized worker rights to workers in the country 
(including any designated zone in that country).
    8. Such country has not implemented its commitments to eliminate 
the worst forms of child labor.
    Section 502(c) provides that, in determining whether to designate 
any country as a GSP beneficiary developing country, the President 
shall take into account:
    1. An expression by such country of its desire to be so designated;
    2. The level of economic development of such country, including its 
per capita gross national product, the living standards of its 
inhabitants, and any other economic factors which the President deems 
appropriate;
    3. Whether or not other major developed countries are extending 
generalized preferential tariff treatment to such country;
    4. The extent to which such country has assured the United States 
that it will provide equitable and reasonable access to the markets and 
basic commodity resources of such country and the extent to which such 
country has assured the United States that it will refrain from 
engaging in unreasonable export practices;
    5. The extent to which such country is providing adequate and 
effective protection of intellectual property rights;
    6. The extent to which such country has taken action to--
    a. Reduce trade distorting investment practices and policies 
(including export performance requirements); and
    b. Reduce or eliminate barriers to trade in services; and
    7. Whether or not such country has taken or is taking steps to 
afford to workers in that country (including any designated zone in 
that country) internationally recognized worker rights.
    Note that the Trade Act of 2002 amended paragraph (D) of the 
definition of the term ``internationally recognized worker rights,'' 
which now includes: (A) The right of association; (B) the right to 
organize and bargain collectively; (C) a prohibition on the use of any 
form of forced or compulsory labor; (D) a minimum age for the 
employment of children and a prohibition on the worst forms of child 
labor as defined in paragraph (6) of section 507(4) of the Act; and (E) 
acceptable conditions of work with respect to minimum wages, hours of 
work, and occupational safety and health.

Requirements for Submissions

    Comments must be submitted, in English, to the Chairman of the GSP 
Subcommittee, Trade Policy Staff Committee. Comments must be received 
no later than 5 p.m. August 15, 2003. Information and comments 
submitted will be subject to public inspection by appointment with the 
staff of the USTR Public Reading Room, except for information granted 
``business confidential'' status pursuant to 15 CFR 2003.6. If the 
submission contains business confidential information, a non-
confidential version of the submission must also be submitted that 
indicates where confidential information was redacted by inserting 
asterisks where material was deleted. In addition, the confidential 
submission must be clearly marked ``BUSINESS CONFIDENTIAL'' at the top 
and bottom of each and every page of the document. The public version 
that does not contain business confidential information must also be 
clearly marked at the top and bottom of each and every page (either 
``PUBLIC VERSION'' or ``NON-CONFIDENTIAL'').
    In order to facilitate prompt consideration of submissions, USTR 
strongly urges and prefers electronic mail (e-mail) submissions in 
response to this notice. Hand delivered submissions will not be 
accepted. These submissions should be single copy transmissions in 
English with the total submission, including attachments, not to exceed 
50 single-spaced pages and 3 megabytes as a digital file attached to an 
e-mail transmission. Persons making submissions by e-mail should use 
the following subject line: ``Algeria GSP Eligibility Review.'' 
Documents must be submitted, in English, as either WordPerfect 
(``.WPD''), MSWord (``.DOC''), or text (``.TXT'') files. Documents 
should not be submitted as electronic image files or contain imbedded 
images (for example, ``.JPG'', ``PDF'', ``.BMP'', or ``.GIF''), as 
these type of files are generally excessively large. Supporting 
documentation submitted as spreadsheets are acceptable as Quattro Pro 
or Excel, pre-formatted for printing on 8\1/2\ x 11 inch paper. To the 
extent possible, any data attachments to the submission should be 
included in the same file as the submission itself, and not as separate 
files. Facsimile submissions should include, among other identifying 
information specified in the regulations, the following information at 
the top of the first page: ``Algeria GSP Eligibility Review.''
    For any document containing business confidential information 
submitted as an electronic attached file to an e-mail transmission, the 
file name of the business confidential version 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 or messages in the 
message area of the e-mail; information that might appear in any cover 
letter should be included directly in the attached file containing the 
submission itself.
    Public versions of all documents relating to this review will be 
available for review shortly after the due date by appointment in the 
USTR public reading room, 1724 F Street NW., Washington, DC. 
Appointments may be made from 9:30 a.m. to noon and 1 p.m.

[[Page 42159]]

to 4 p.m., Monday through Friday by calling (202) 395-6186.

Steven Falken,
Executive Director GSP, Chairman, GSP Subcommittee.
[FR Doc. 03-17996 Filed 7-15-03; 8:45 am]
BILLING CODE 3190-01-P