USTR Announces 2004 Annual ATPA/ATPDEA Review
The Office of the U.S. Trade Representative (USTR) has issued a notice announcing that the deadline to submit petitions for the 2004 Annual Andean Trade Preference Act (ATPA) Review is September 15, 2004. In addition, the USTR states that it will publish a list of petitions filed in response to this announcement in the Federal Register.
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Petitions May be Submitted to Request ATPA or ATPDEA Benefits be Withdrawn or Suspended
According to the USTR, to qualify for the benefits of the ATPA and the Andean Trade Promotion and Drug Eradication Act (ATPDEA), each country must meet several eligibility criteria, as set forth in certain sections of the ATPA, which was renewed and amended by the ATPDEA.
In the final rule establishing this petition process, the USTR stated that any person may submit a petition that the designation of a country as an ATPA beneficiary country be withdrawn or suspended, or the application of preferential treatment under the ATPA to any article of any ATPA beneficiary country be withdrawn, suspended, or limited;
Similarly, the final rule states that any person may submit a petition that the designation of a country as an ATPDEA beneficiary country be withdrawn or suspended, or the application of preferential treatment to any article of any ATPDEA beneficiary country under section 204(b)(1), (3), or (4) (19 USC 3202(b)(1), (3), (4)) be withdrawn, suspended, or limited.
(Bolivia, Colombia, Ecuador, and Peru are all designated both as ATPA and ATPDEA beneficiary countries.
According to the USTR, Section 203(e) of the ATPA, as amended by the ATPDEA, 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 changed circumstances, the country is not meeting the respective eligibility criteria of the ATPA and ATPDEA. See ITT's Online Archives or 11/18/02 news, 02111830, for final installment of BP's summary of the ATPDEA proclamation.)
(See ITT's Online Archives or 07/31/03 news, 03073120, for BP summary of final rule on petition process to review ATPA/ATPDEA eligibility.
See ITT's Online Archives or 08/03/04 news, 04080335, for BP summary of the results of the USTR's preliminary review of certain petitions filed for the 2003 annual ATPA review (preliminary results from other petitions will be announced at the same time the USTR publishes the list of qualifying petitions filed pursuant to the 2004 Annual ATPA Review).)
USTR Contact - Bennett Harman (202) 395-9446
USTR Notice (FR Pub 08/17/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-18717.pdf