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USTR Announces Petitions and Other Information Filed In Response to 2005 Annual ATPA/ATPDEA Review

The Office of the U.S. Trade Representative (USTR) has issued a notice announcing that in September 2005 it received one petition and other information in response to its announcement of the 2005 Annual Review for the Andean Trade Preference Act (ATPA) as amended by the Andean Trade Preference and Drug Eradication Act (ATPDEA) (ATPA, as amended).

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The USTR explains that the petitions request that the USTR review certain practices in certain beneficiary developing countries to determine whether such countries are in compliance with the eligibility criteria for the ATPA, as amended.

(The USTR has previously stated that Bolivia, Colombia, Ecuador, and Peru are all designated both as ATPA and ATPDEA beneficiary countries.)

USTR Receives One New Petition and Updated Information on 4 Pending Reviews

The USTR has received the following submissions in response to its request for 2005 Annual Review petitions:

One petition submitted for 2005 Annual Review. The USTR states that one "responsive petition" was filed for the 2005 Annual Review by ExxonMobil with regard to Peru. USTR sources explain that a "responsive petition" is one that meets the criteria for establishing a new review under the ATPA, as amended.

New information regarding certain matters under consideration from 2003 and 2004 Annual Reviews. In addition to the above-listed petition, the USTR received updated information regarding certain matters under consideration from the 2003 and 2004 Annual Reviews:

EcuadorHuman Rights Watch
EcuadorU.S./Labor Education in the Americas Project
EcuadorAFL/CIO
PeruParsons Corporation

Results of Certain 2003/2004 Reviews to be Issued With 2005 Preliminary Results

The USTR has previously stated that the results of eight pending petitions received in connection with its 2003 and 2004 Annual Reviews will be announced in a notice along with the preliminary review results for 2005 petitions. The USTR states that such a notice will be issued on or about December 1, 2005.

The USTR has previously explained that in order to qualify for the benefits of the ATPA and the ATPDEA, each country must meet the eligibility criteria set forth in certain sections of the ATPA, which was renewed and amended in 2002 by the ATPDEA, etc.

Under Section 203(e) of the ATPA, as amended, the President may withdraw or suspend the designation of any ATPA or ATPDEA beneficiary country, and may also withdraw, suspend, or limit preferential treatment for any product of any such beneficiary country, if the President determines that, as a result of changed circumstances, the country is not meeting the eligibility criteria.

(See ITT's Online Archives or 08/19/05 news, 05081920, for BP summary of the USTR's announcement of the 2005 ATPA Annual Review.)

USTR contact - Bennett Harman (202) 395-9446

USTR notice (FR Pub 11/22/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-23031.pdf