[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36176-36178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14601]


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

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2021-0011]


Request for Comments on Operation of the Caribbean Basin 
Initiative

AGENCY: Office of the United States Trade Representative (USTR).

ACTION: Notice of initiation of review, public hearing, and request for 
comments.

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

SUMMARY: The U.S. Trade Representative has to submit a report to 
Congress regarding the operation of the Caribbean Basin Initiative 
(CBI) no later than December 31, 2021. The Trade Policy Staff Committee 
(TPSC) invites comments concerning the operation of the CBI, including 
the performance of each beneficiary country, to assist in preparing the 
report to Congress on the operation of the CBI.

DATES: The TPSC must receive your written comments by August 31, 2021.

ADDRESSES: The TPSC strongly prefers electronic submissions made 
through the Federal eRulemaking Portal: https://www.regulations.gov 
(Regulations.gov), using Docket Number USTR-2021-0011. Follow the 
instructions for submitting comments in `Requirements for Submissions' 
below. For alternatives to on-line submissions, please contact Magaly 
Garcia, Director for Bolivia, Ecuador, and the Caribbean, at 
[email protected] or 202-395-9597.

FOR FURTHER INFORMATION CONTACT: Magaly Garcia, Director for Bolivia, 
Ecuador, and the Caribbean, at [email protected] or 202-395-
9597.

SUPPLEMENTARY INFORMATION: 

I. Background

    Together, the Caribbean Basin Economic Recovery Act (CBERA), as 
amended by the Caribbean Basin Trade Partnership Act (CBTPA) (19 U.S.C. 
2701 et seq.) commonly are referred to as the Caribbean Basin 
Initiative or CBI. Section 212(f)(1) of the CBERA, as amended (19 
U.S.C. 2702(f)(1)), requires the U.S. Trade Representative to report on 
the performance of each CBERA or CBTPA beneficiary country. Barbados, 
Belize, Curacao, Guyana, Haiti, Jamaica, Saint Lucia, and Trinidad and 
Tobago receive benefits under both CBERA and CBTPA. Antigua and 
Barbuda, Aruba, the Bahamas, British Virgin Islands, Dominica, Grenada, 
Montserrat, Saint Kitts and Nevis, and Saint Vincent and the Grenadines 
currently receive benefits only under CBERA. For purposes of this 
report, the term `beneficiary country' includes both the independent 
countries and dependent territories receiving benefits under CBTPA and/
or CBERA.
    As described in detail below, the TPSC seeks comments on any aspect 
of the CBI's operation, including the performance of CBERA and CBTPA 
beneficiary countries under the criteria described in sections 212(b), 
212(c), and 213(b)(5)(B) of the CBERA, as amended. You can access the 
criteria at: http://www.gpo.gov/fdsys/pkg/USCODE-2011-title19/html/USCODE-2011-title19-chap15.htm. The report also will examine the CBI's 
effect on the volume and composition of trade and investment between 
the United States and the CBI beneficiary countries and on advancing 
U.S. trade policy goals. You can access the most recent CBI report at: 
CBI_Report_2019.pdf (ustr.gov).

[[Page 36177]]

II. Reporting Requirements on the Eligibility Criteria for All CBI 
Beneficiary Countries

    The TPSC seeks comments on any aspect of the CBI's operation, 
including the performance of CBERA and CBTPA beneficiary countries 
using the following criteria:

A. CBERA Bases for Ineligibility

    Under section 212(b) (19 U.S.C. 2702(b)), the President cannot 
designate a country as a CBI beneficiary country:
    1. If it is a Communist country.
    2. If it has expropriated or nationalized property owned by a U.S. 
citizen or by a corporation owned by U.S. citizens, unless the 
President determines that the country is taking steps to resolve the 
matter.
    3. If it fails to act in good faith in recognizing as binding or in 
enforcing arbitral awards in favor of a U.S. citizen or a corporation 
owned by U.S. citizens.
    4. If it affords preferential treatment to the products of a 
developed country other than the United States that has, or is likely 
to have, a significant adverse effect on U.S. commerce, unless the 
President has received satisfactory assurances that the country will 
eliminate this preferential treatment or that action will be taken to 
assure that there will be no significant adverse effect.
    5. If a government-owned entity in the country engages in the 
broadcast of copyrighted material, including films or television 
material, belonging to United States copyright owners without their 
express consent.
    6. Unless it is a signatory to a treaty, convention, protocol, or 
other agreement regarding the extradition of U.S. citizens.
    7. If it has not or is not taking steps to afford internationally 
recognized worker rights as defined in section 507(4) of the Trade Act 
of 1974, as amended (19 U.S.C. 2467(4)) to workers in the country 
(including any designated zone in that country).
    Paragraphs (1), (2), (3), (5) and (7) do not prevent the 
designation of any country as a CBI beneficiary country if the 
President determines that the designation will be in the national 
economic or security interest of the United States and reports that 
determination to Congress.

B. CBERA Factors Determining Designation

    In determining whether to designate a country as a CBI beneficiary 
country, section 212(c) (19 U.S.C. 2702(c)), requires the President to 
take into account the following factors:
    1. An expression of a country's desire to be so designated.
    2. The economic conditions and living standards in a country.
    3. The extent to which a country has assured the United States that 
it will provide equitable and reasonable access to the markets and 
basic commodity resources of the country.
    4. The degree to which the country follows the international trade 
rules of the World Trade Organization (WTO).
    5. The degree to which a country uses export subsidies or imposes 
export performance requirements or local content requirements that 
distort international trade.
    6. The degree to which the trade policies of a country as they 
relate to other beneficiary countries are contributing to the 
revitalization of the region.
    7. The degree to which a country is undertaking self-help measures 
to promote its own economic development.
    8. Whether or not a 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.
    9. The extent to which a country provides adequate and effective 
legal means for foreign nationals to secure, exercise, and enforce 
exclusive intellectual property rights.
    10. The extent to which a country prohibits its nationals from 
broadcasting U.S. copyrighted materials, including film and television 
material, without their express consent.
    11. The extent to which a country cooperates with the United States 
in the administration of CBI preferences.

C. CBTPA Eligibility Criteria

    Under section 213(b)(5)(B) (19 U.S.C. 2703(b)(5)(B)), in 
considering the eligibility of the CBI countries and dependent 
territories that have expressed an interest in receiving the enhanced 
preferences of the CBTPA, the President must take into account the 
existing eligibility criteria of the CBERA, as well as several 
additional criteria elaborated in the CBTPA. These additional criteria 
are:
    1. Whether the beneficiary country has demonstrated a commitment to 
undertake its obligations under the World Trade Organization (WTO) on 
or ahead of schedule and participate in negotiations toward the 
completion of the Free Trade Area of the Americas (FTAA) or another 
free trade agreement.
    2. The extent to which the country provides protection of 
intellectual property rights consistent with or greater than the 
protection afforded under the Agreement on Trade-Related Aspects of 
Intellectual Property Rights.
    3. The extent to which the country provides internationally 
recognized worker rights, including: The right of association; the 
right to organize and bargain collectively; a prohibition on the use of 
any form of forced or compulsory labor; a minimum age for the 
employment of children; and acceptable conditions of work with respect 
to minimum wages, hours of work, and occupational safety and health.
    4. Whether the country has implemented its commitments to eliminate 
the worst forms of child labor, as defined in section 507(6) of the 
Trade Act of 1974, as amended (19 U.S.C. 2467(6)).
    5. The extent to which the country has met U.S. counter-narcotics 
certification criteria under the Foreign Assistance Act of 1961.
    6. The extent to which the country has taken steps to become a 
party to and implement the Inter-American Convention Against 
Corruption.
    7. The extent to which the country applies transparent, 
nondiscriminatory and competitive procedures in government procurement, 
and contributes to efforts in international fora to develop and 
implement rules on transparency in government procurement.

III. Requirements for Submissions

    The TPSC must receive your comments by the August 31, 2021 
deadline. You must make all submissions in English via Regulations.gov, 
using Docket Number USTR-2021-0011. USTR will not accept hand-delivered 
submissions.
    To make a submission using Regulations.gov, enter the appropriate 
docket number in the `search for' field 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' in the `filter results by' 
section on the left side of the screen and click on the link entitled 
`comment now.' You must identify on the first page of the submission 
the subject matter of the comment as the `CBI Report to Congress.' 
Regulations.gov offers the option of providing comments by filling in a 
`type comment' field or by attaching a document using the `upload 
file(s)' field. The TPSC prefers that you provide submissions in an 
attached document and note `see attached' in the `type comment' field 
on the online submission form.

[[Page 36178]]

    The TPSC prefers submissions in Microsoft Word (.doc) or Adobe 
Acrobat (.pdf) format. If the submission is in another file format, 
please indicate the name of the software application in the `Type 
Comment' field. File names should reflect 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 comment itself, rather than 
submitting them as separate files. Submissions should not exceed 30 
single-spaced, standard letter-size pages in 12-point type, including 
attachments.
    You will receive a tracking number upon completion of the 
submission procedure Regulations.gov. The tracking number is 
confirmation that Regulations.gov received the submission. Keep the 
confirmation for your records. The TPSC is not able to provide 
technical assistance for the website. The TPSC may not consider 
documents you do not submit in accordance with these instructions. If 
you are unable to provide submissions as requested, please contact 
Magaly Garcia, Director for Bolivia, Ecuador, and the Caribbean, at 
[email protected] or 202-395-9597 to arrange for an 
alternative method of transmission.

IV. Business Confidential Submissions

    If you ask the TPSC to treat information you submitted as business 
confidential information (BCI), you must certify that the information 
is business confidential and that you would not customarily release it 
to the public. You must clearly designate BCI by marking the submission 
`BUSINESS CONFIDENTIAL' at the top and bottom of the cover page and 
each succeeding page, and indicating, via brackets, the specific 
information that is BCI. Additionally, you must include `Business 
Confidential' in the `type comment' field. For any submission 
containing BCI, you separately must submit a non-confidential version 
(i.e., an additional submission indicating where BCI has been 
redacted). The TPSC will post the non-confidential version in the 
docket and it will be open to public inspection.

V. Public Viewing of Review Submissions

    The TPSC will post comments in the docket for public inspection, 
except business confidential information. You can view comments on 
Regulations.gov by entering the relevant docket number in the search 
field on the home page. You can find general information about the 
Office of the United States Trade Representative on its website: http://www.ustr.gov.

Edward Gresser,
Chair of the Trade Policy Staff Committee, Office of the United States 
Trade Representative.
[FR Doc. 2021-14601 Filed 7-7-21; 8:45 am]
BILLING CODE 3290-F1-P