[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR2016.0]



[Page 489-490]

 

                  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. 2016.0  Requests for reviews









Sec.

2016.0 Requests for reviews.

2016.1 Action following receipt of petitions.

2016.2 Timetable for reviews.

2016.3 Publication regarding requests.

2016.4 Information open to public inspection.

2016.5 Information exempt from public inspection.



    Authority: 19 U.S.C. 3201, et seq.; sec. 3103(d), Pub. L. 107-210; 

116 Stat. 933; E.O. 13277, 67 FR 70303.



    Source: 68 FR 43924, July 25, 2003, unless otherwise noted.





    (a) Any person may submit a request (hereinafter ``petition'') that 

the designation of a country as an Andean Trade Preference Act (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beneficiary country be withdrawn or suspended, or the application of 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beneficiary country be withdrawn, suspended, or limited. Such petitions 

should: include the name of the person or the group requesting the 

review; identify the ATPA beneficiary country that would be subject to 

the review; if the petition is requesting that the preferential 

treatment of an article or articles be withdrawn, suspended, or limited, 

identify such article or articles with particularity and explain why 

such article or articles were selected; indicate the specific section 

203(c) or (d) (19 U.S.C.



[[Page 490]]



3202(c), (d)) eligibility criterion that the petitioner believes 

warrant(s) review; and include all available supporting information. The 

Andean Subcommittee of the Trade Policy Staff Committee (TPSC) may 

request other information. If the subject matter of the petition was 

reviewed pursuant to a previous petition, the petitioner should consider 

providing the Andean Subcommittee with any new information related to 

the issue.

    (b) Any person may submit a petition that the designation of a 

country as an Andean Trade Promotion and Drug Eradication At (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beneficiary country be withdrawn or suspended, or the application of 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 U.S.C. 3202(b)(1), (3), (4)) be 

withdrawn, suspended, or limited. Such petitions should: Include the 

name of the person or the group requesting the review; identify the 

ATPDEA beneficiary country that would be subject to the review; if the 

petition is requesting that the preferential treatment of an article or 

articles be withdrawn, suspended, or limited, identify such article or 

articles with particularity and explain why such article or articles 

were selected; indicate the specific section 204(b)(6)(B) (19 U.S.C. 

3203(b)(6)(B)) eligibility criterion or criteria that the petition 

believes warrant(s) review; and include all available supporting 

information. The Andean Subcommittee may request other information. If 

the subject matter of the petition was reviewed pursuant to a previous 

petition, the petitioner should consider providing the Andean 

Subcommittee with any new information related to the issue.

    (c) All petitions and other submissions should be submitted in 

accordance with the schedule (see Sec. 2016.2) and requirements for 

submission that The Office of the United States Trade Representative 

(USTR) will publish annually in the Federal Register in advance of each 

review. Foreign governments may make submission in the form of 

diplomatic correspondence and should observe the deadlines for each 

annual review published in the Federal Register.

    (d) The TPSC may at any time, on its own motion, initiate a review 

to determine whether: the designation of a country as an ATPA 

beneficiary country should be withdrawn or suspended; the application of 

preferential treatment under the ATPA to any article of any ATPA 

beneficiary country should be withdrawn, suspended, or limited; the 

designation of a country as an ATPDEA beneficiary country should 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 U.S.C. 3202(b)(1), (3), or (4) should be withdrawn, 

suspended, or limited.

    (e) Petitions requesting the action described in paragraph (a) or 

(b) of this section that indicate the existence of exceptional 

circumstances warranting an immediate review may be considerd outside of 

the schedule for the annual review announced in the Federal Register. 

Requests for such urgent consideration should contain a statement of 

reasons indicating why an expedited review is warranted.