[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR2016.5]

[Page 471-475]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
      CHAPTER XX--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
 
  PART 2016_PROCEDURES TO PETITION FOR WITHDRAWAL OR SUSPENSION OF COUNTRY 
  ELIGIBILITY OR DUTY-FREE TREATMENT UNDER THE ANDEAN TRADE PREFERENCE ACT 
  (ATPA), AS AMENDED--Table of Contents
 
Sec. 2016.5  Information exempt from public inspection.

    (a) Information submitted in confidence shall be exempt from public 
inspection if USTR determines that the

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disclosure of such information is not required by law.
    (b) A person 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 USTR determines 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.

Appendix A to Chapter XX--Administration of the Trade Agreements Program

    Text of Executive Order No. 11846 of Mar. 27, 1975 (40 FR 14291).
    By virtue of the authority vested in me by the Trade Act of 1974, 
hereinafter referred to as the Act (Pub. L. 93-618, 88 Stat. 1978), the 
Trade Expansion Act of 1962, as amended (19 U.S.C. 1801), section 350 of 
the Tariff Act of 1930, as amended (19 U.S.C. 1351), and section 301 of 
Title 3 of the United States Code, and as President of the United 
States, it is hereby ordered as follows:
    Section 1. The Trade Agreements Program. The ``trade agreements 
program'' includes all activities consisting of, or related to, the 
negotiation or administration of international agreements which 
primarily concern trade and which are concluded pursuant to the 
authority vested in the President by the Constitution, section 350 of 
the Tariff Act of 1930, as amended, the Trade Expansion Act of 1962, as 
amended, or the Act.
    Sec. 2. The Special Representative for Trade Negotiations. (a) The 
Special Representative for Trade Negotiations, hereinafter referred to 
as the Special Representative, in addition to the functions conferred 
upon him by the Act, including section 141 thereof, and in addition to 
the functions and responsibilities set forth in this Order, shall be 
responsible for such other functions as the President may direct.
    (b) The Special Representative, except where otherwise expressly 
provided by statute, Executive order, or instructions of the President, 
shall be the chief representative of the United States for each 
negotiation under the trade agreements program and shall participate in 
other negotiations which may have a direct and significant impact on 
trade.
    (c) The Special Representative shall prepare, for the President's 
transmission to Congress, the annual report on the trade agreements 
program required by section 163(a) of the Act. At the request of the 
Special Representative, other agencies shall assist in the preparation 
of that report.
    (d) The Special Representative, except where expressly otherwise 
provided or prohibited by statute, Executive order, or instructions of 
the President, shall be responsible for the proper administration of the 
trade agreements program, and may, as he deems necessary, assign to the 
head of any Executive agency or body the performance of his duties which 
are incidental to the administration of the trade agreements program.
    (e) The Special Representative shall consult with the Trade Policy 
Committee in connection with the performance of his functions, including 
those established or delegated by this Order, and shall, as appropriate, 
consult with other Federal agencies or bodies. With respect to the 
performance of his functions under Title IV of the Act, including those 
established or delegated by this Order, the Special Representative shall 
also consult with the East-West Foreign Trade Board.
    (f) The Special Representative shall be responsible for the 
preparation and submission of any Proclamation which relates wholly or 
primarily to the trade agreements program. Any such Proclamation shall 
be subject to all the provisions of Executive Order 11030, as amended, 
except that such Proclamation need not be submitted to the Director of 
the Office of Management and Budget.
    (g) The Secretary of State shall advise the Special Representative, 
and the Committee, on the foreign policy implications of any action 
under the trade agreements program. The Special Representative shall 
invite appropriate departments to participate in trade negotiations of 
particular interest to such departments, and the Department of State 
shall participate in trade negotiations which have a direct and 
significant impact on foreign policy.
    Sec. 3. The Trade Policy Committee. (a) As provided by section 242 
of the Trade Expansion Act of 1962 (19 U.S.C. 1872), as amended by 
section 602(b) of the Act, there is established the Trade Policy 
Committee hereinafter referred to as the Committee. The Committee shall 
be composed of:
    (1) The Special Representative, who shall be Chairman.
    (2) The Secretary of State.
    (3) The Secretary of the Treasury.
    (4) The Secretary of Defense.
    (5) The Attorney General.
    (6) The Secretary of the Interior.
    (7) The Secretary of Agriculture.
    (8) The Secretary of Commerce.

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    (9) The Secretary of Labor.
    (10) The Assistant to the President for Economic Affairs.
    (11) The Executive Director of the Council on International Economic 
Policy. Each member of the Committee may designate an officer of his 
agency, whose status is not below that of an Assistant Secretary, to 
serve in his stead, when he is unable to attend any meetings of the 
Committee. The Chairman, as he deems appropriate, may invite 
representatives from other agencies to attend the meetings of the 
Committee.
    (b) The Committee shall have the functions conferred by the Trade 
Expansion Act of 1962, as amended, upon the inter-agency organization 
referred to in section 242 thereof, as amended, the functions delegated 
to it by the provisions of this Order, and such other functions as the 
President may from time to time direct. Recommendations and advice of 
the Committee shall be submitted to the President by the Chairman.
    (c) The recommendations made by the Committee under section 
242(b)(1) of the Trade Expansion Act of 1962, as amended, with respect 
to basic policy issues arising in the administration of the trade 
agreements program, as approved or modified by the President, shall 
guide the administration of the trade agreements program. The Special 
Representative or any other officer who is chief representative of the 
United States in a negotiation in connection with the trade agreements 
program shall keep the Committee informed with respect to the status and 
conduct of negotiations and shall consult with the Committee regarding 
the basic policy issues arising in the course of negotiations.
    (d) Before making recommendations to the President under section 
242(b)(2) of the Trade Expansion Act of 1962, as amended, the Committee 
shall, through the Special Representative, request the advice of the 
Adjustment Assistance Coordinating Committee, established by section 281 
of the Act.
    (e) The Committee shall advise the President as to what action, if 
any, he should take under section 337(g) of the Tariff Act of 1930, as 
amended by section 341 of the Act, relating to unfair practices in 
import trade.
    (f) The Trade Expansion Act Advisory Committee established by 
Section 4 of Executive Order 11075 of January 15, 1963, is abolished and 
all of its records are transferred to the Trade Policy Committee.
    Sec. 4. Trade Negotiations Under Title I of the Act. (a) The 
functions of the President under section 102 of the Act concerning 
notice to, and consultation with, Congress, in connection with 
agreements on nontariff barriers to, and other distortions of, trade, 
are hereby delegated to the Special Representative.
    (b) The Special Representative, after consultation with the 
Committee, shall prepare, for the President's transmission to Congress, 
all proposed legislation and other documents necessary or appropriate 
for the implementation of, or otherwise required in connection with, 
trade agreements; provided, however, that where implementation of an 
agreement on nontariff barriers to, and other distortions of, trade 
requires a change in a domestic law, the department or agency having the 
primary interest in the administration of such domestic law shall 
prepare and transmit to the Special Representative the proposed 
legislation necessary or appropriate for such implementation.
    (c) The functions of the President under section 131(c) of the Act 
with respect to advice of the International Trade Commission and under 
section 132 of the Act with respect to advice of the departments of the 
Federal Government and other sources, are delegated to the Special 
Representative. The functions of the President under section 133 of the 
Act with respect to public hearings in connection with certain trade 
negotiations are delegated to the Special Representative, who shall 
designate an interagency committee to hold and conduct any such 
hearings.
    (d) The functions of the President under section 135 of the Act with 
respect to advisory committees and, notwithstanding the provisions of 
any other Executive order, the functions of the President under the 
Federal Advisory Committee Act (86 Stat. 770, 5 U.S.C. App. I), except 
that of reporting annually to Congress, which are applicable to advisory 
committees under the Act are delegated to the Special Representative. In 
establishing and organizing general policy advisory committees or sector 
advisory committees under section 135(c) of the Act, the Special 
Representative shall act through the Secretaries of Commerce, Labor and 
Agriculture, as appropriate.
    (e) The functions of the President with respect to determining ad 
valorem amounts and equivalents pursuant to sections 601 (3) and (4) of 
the Act are hereby delegated to the Special Representative. The 
International Trade Commission is requested to advise the Special 
Representative with respect to determining such ad valorem amounts and 
equivalents. The Special Representative shall seek the advice of the 
Commission and consult with the Committee with respect to the 
determination of such ad valorem amounts and equivalents.
    (f) Advice of the International Trade Commission under section 131 
of the Act, and other advice or reports by the International Trade 
Commission to the President or the Special Representative, the release 
or disclosure of which is not specifically authorized or required by 
law, shall not be released or disclosed in any manner or to any extent 
not specifically authorized by the President or by the Special 
Representative.

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    Sec. 5. Import Relief and Market Disruption. (a) The Special 
Representative is authorized to request from the International Trade 
Commission the information specified in sections 202(d) and 203(i) (1) 
and (2) of the Act.
    (b) The Secretary of the Treasury, in consultation with the 
Secretary of Commerce or the Secretary of Agriculture, as appropriate, 
is authorized to issue, under section 203(g) of the Act, regulations 
governing the administration of any quantitative restrictions proclaimed 
in order to provide import relief and is authorized to issue, under 
section 203(g) of the Act or 352(b) of the Trade Expansion Act of 1962, 
regulations governing the entry, or withdrawal from warehouses for 
consumption, of articles pursuant to any orderly marketing agreement.
    (c) The Secretary of Commerce shall exercise primary responsibility 
for monitoring imports under any orderly marketing agreement.
    Sec. 6. Unfair Trade Practices. (a) The Special Representative, 
acting through an interagency committee which he shall designate for 
such purpose, shall provide the opportunity for the presentation of 
views, under sections 301(d)(1) and 301(e)(1) of the Act, with respect 
to unfair or unreasonable foreign trade practices and with respect to 
the United States response thereto.
    (b) The Special Representative shall provide for appropriate public 
hearings under section 301(e)(2) of the Act; and, shall issue 
regulations concerning the filing of requests for, and the conduct of, 
such hearings.
    (c) The Special Representative is authorized to request, pursuant to 
section 301(e)(3) of the Act, from the International Trade Commission, 
its views as to the probable impact on the economy of the United States 
of any action under section 301(a) of the Act.
    Sec. 7. East-West Foreign Trade Board. (a) In accordance with 
section 411 of the Act, there is hereby established the East-West 
Foreign Trade Board, hereinafter referred to as the Board. The Board 
shall be composed of the following members and such additional members 
of the Executive branch as the President may designate:
    (1) The Secretary of State.
    (2) The Secretary of the Treasury.
    (3) The Secretary of Agriculture.
    (4) The Secretary of Commerce.
    (5) The Special Representative for Trade Negotiations.
    (6) The Director of the Office of Management and Budget.
    (7) The Executive Director of the Council on International Economic 
Policy.
    (8) The President of the Export-Import Bank of the United States.
    (9) The Assistant to the President for Economic Affairs.

The President shall designate the Chairman and the Deputy Chairman of 
the Board. The President may designate an Executive Secretary, who shall 
be Chairman of a working group which will include membership from the 
agencies represented on the Board.
    (b) The Board shall perform such functions as are required by 
section 411 of the Act and such other functions as the President may 
direct.
    (c) The Board is authorized to promulgate such rules and regulations 
as are necessary or appropriate to carry out its responsibilities under 
the Act and this Order.
    (d) The Secretary of State shall advise the President with respect 
to determinations required to be made in connection with sections 402 
and 409 of the Act (dealing with freedom of emigration) and section 403 
(dealing with United States personnel missing in action in Southeast 
Asia), and shall prepare, for the President's transmission to Congress, 
the reports and other documents required by sections 402 and 409 of the 
Act.
    (e) The President's Committee on East-West Trade Policy, established 
by Executive Order 11789 of June 25, 1974, as amended by section 6(d) of 
Executive Order 11808 of September 30, 1974, is abolished and all of its 
records are transferred to the Board.
    Sec. 8. Generalized System of Preferences. (a) The Special 
Representative, in consultation with the Secretary of State, shall be 
responsible for the administration of the generalized system of 
preferences under Title V of the Act.
    (b) The Committee, through the Special Representative, shall advise 
the President as to which countries should be designated as beneficiary 
developing countries, and as to which articles should be designated as 
eligible articles for the purposes of the system of generalized 
preferences.
    Sec. 9. Prior Executive Orders. (a) Executive Order 11789 of June 
25, 1974, and Section 6(d) of Executive Order 11808 of September 30, 
1974, relating to the President's Committee on East-West Trade Policy 
are hereby revoked.
    (b)(1) Sections 5(b), 7, and 8 of the Executive Order 11075 of 
January 15, 1963, are hereby revoked effective April 3, 1975; (2) the 
remainder of Executive Order 11075, and Executive Order 11106 of April 
18, 1963 and Executive Order 11113 of June 13, 1963, are hereby revoked.

[40 FR 18422, Apr. 28, 1975]

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 Subtitle D--Regulations Relating to Telecommunications and Information

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