[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 21002-21003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08035]


=======================================================================
-----------------------------------------------------------------------

 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 of opportunity to file comments on the beneficiary 
countries under ATPA.

-----------------------------------------------------------------------

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 by close of business, May 8, 2013.

ADDRESSES: Submissions can be made on-line: http://www.regulations.gov, 
docket number USTR-2013-0018.

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 ATPA allowed 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 satisfied 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 satisfied 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.
    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. The United States and Peru have entered into a 
bilateral free trade agreement.
    Colombia was no longer an eligible beneficiary country under the 
ATPA as of May 15, 2012, when the U.S.-Colombia Trade Promotion 
Agreement entered into force (19 U.S.C. 3805 Note).
    Unless renewed by Congress, the ATPA will expire on July 31, 2013.
    Additional Information: Section 203(f) of the ATPA (19 U.S.C. 
3202(f)) requires the USTR, not later than June 30, 2013, 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.
    Requirements for Submissions: Persons submitting written comments

[[Page 21003]]

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.'' In order to be assured of consideration, comments should be 
submitted by close of business, May 8, 2013.
    In order to ensure the timely receipt and consideration of 
comments, USTR strongly encourages commenters to make on-line 
submissions, using the http://www.regulations.gov Web site. Comments 
should be submitted under the following docket: USTR-2013-0018. To find 
the docket, enter the docket number in the ``Enter Keyword or ID'' 
window at the http://www.regulations.gov 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 
and click on the link entitled ``Comment Now!'' (For further 
information on using the www.regulations.gov Web site, please consult 
the resources provided on the Web site by clicking on the ``Help'' 
tab.)
    The http://www.regulations.gov Web site provides the option of 
making submissions by filling in a comments field, or by attaching a 
document. USTR prefers submissions to be provided in an attached 
document. If a document is attached, it is sufficient to type ``See 
attached'' in the ``Type Comment'' and attach a file in the ``Upload 
File(s)'' field. USTR also prefers submissions in Microsoft Word (.doc) 
or Adobe Acrobat (.pdf). If the submission is in an application other 
than those two, please indicate the name of the application in the 
``Comments'' field.
    A person seeking to request that information contained in a 
submission from that person be treated as business confidential 
information must certify that such information is business confidential 
and would not customarily be released to the public by the submitter. 
For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. Confidential business 
information must be clearly designated as such. The submission must be 
marked ``BUSINESS CONFIDENTIAL'' at the top and bottom of the cover 
page and each succeeding page, and the submission should indicate, via 
brackets, the specific information that is confidential. Additionally, 
``BUSINESS CONFIDENTIAL'' must be included in the ``Type Comment'' 
field. Filers of submissions containing business confidential 
information must also submit a public version of their comments 
indicating where confidential information has been redacted. The non-
confidential summary will be placed in the docket and open to public 
inspection. The file name of the public version should begin with the 
character ``P''. The ``BC'' and ``P'' should be followed by the name of 
the person or entity submitting the comments or reply comments. Filers 
submitting comments containing no business confidential information 
should name their file using the character ``P'', followed by the name 
of the person or entity submitting the comments.
    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-2013-0018 
in the search field at http://www.regulations.gov.

William Shpiece,
Acting Chairman, Trade Policy Staff Committee.
[FR Doc. 2013-08035 Filed 4-5-13; 8:45 am]
BILLING CODE 3290-F3-P