§ 3202. — Beneficiary country.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC3202]
TITLE 19--CUSTOMS DUTIES
CHAPTER 20--ANDEAN TRADE PREFERENCE
Sec. 3202. Beneficiary country
(a) Definitions
For purposes of this chapter--
(1) The term ``beneficiary country'' means any country listed in
subsection (b)(1) of this section with respect to which there is in
effect a proclamation by the President designating such country as a
beneficiary country for purposes of this chapter.
(2) The term ``entered'' means entered, or withdrawn from
warehouse for consumption, in the customs territory of the United
States.
(3) The term ``HTS'' means Harmonized Tariff Schedule of the
United States.
(b) Countries eligible for designation; congressional notification
(1) In designating countries as beneficiary countries under this
chapter, the President shall consider only the following countries or
successor political entities:
Bolivia
Ecuador
Colombia
Peru.
(2) Before the President designates any country as a beneficiary
country for purposes of this chapter, he shall notify the House of
Representatives and the Senate of his intention to make such
designation, together with the considerations entering into such
decision.
(c) Limitations on designation
The President shall not designate any country a beneficiary country
under this chapter--
(1) if such country is a Communist country;
(2) if such country--
(A) has nationalized, expropriated or otherwise seized
ownership or control of property owned by a United States
citizen or by a corporation, partnership, or association which
is 50 percent or more beneficially owned by United States
citizens,
(B) has taken steps to repudiate or nullify--
(i) any existing contract or agreement with, or
(ii) any patent, trademark, or other intellectual
property of,
a United States citizen or a corporation, partnership, or
association, which is 50 percent or more beneficially owned by
United States citizens, the effect of which is to nationalize,
expropriate, or otherwise seize ownership or control of property
so owned, or
(C) has imposed or enforced taxes or other exactions,
restrictive maintenance or operational conditions, or other
measures with respect to property so owned, the effect of which
is to nationalize, expropriate, or otherwise seize ownership or
control of such property, unless the President determines that--
(i) prompt, adequate, and effective compensation has
been or is being made to such citizen, corporation,
partnership, or association,
(ii) good-faith negotiations to provide prompt,
adequate, and effective compensation under the applicable
provisions of international law are in progress, or such
country is otherwise taking steps to discharge its
obligations under international law with respect to such
citizen, corporation, partnership, or association, or
(iii) a dispute involving such citizen, corporation,
partnership, or association, over compensation for such a
seizure has been submitted to arbitration under the
provisions of the Convention for the Settlement of
Investment Disputes, or in another mutually agreed upon
forum, and
promptly furnishes a copy of such determination to the Senate
and House of Representatives;
(3) if such country fails to act in good faith in recognizing as
binding or in enforcing arbitral awards in favor of United States
citizens or a corporation, partnership, or association which is 50
percent or more beneficially owned by United States citizens, which
have been made by arbitrators appointed for each case or by
permanent arbitral bodies to which the parties involved have
submitted their dispute;
(4) if such country affords preferential treatment to the
products of a developed country, other than the United States, and
if such preferential treatment has, or is likely to have, a
significant adverse effect on United States commerce, unless the
President--
(A) has received assurances satisfactory to him that such
preferential treatment will be eliminated or that action will be
taken to assure that there will be no such significant adverse
effect, and
(B) reports those assurances to the Congress;
(5) if a government-owned entity in such country engages in the
broadcast of copyrighted material, including films or television
material, belonging to United States copyright owners without their
express consent or such country fails to work towards the provision
of adequate and effective protection of intellectual property
rights;
(6) unless such country is a signatory to a treaty, convention,
protocol, or other agreement regarding the extradition of United
States citizens; and
(7) if such country has not or is not taking steps to afford
internationally recognized worker rights (as defined in section
2467(4) of this title) to workers in the country (including any
designated zone in that country).
Paragraphs (1), (2), (3), (5), and (7) shall not prevent the designation
of any country as a beneficiary country under this chapter if the
President determines that such designation will be in the national
economic or security interest of the United States and reports such
determination to the Congress with his reasons therefor.
(d) Factors affecting designation
In determining whether to designate any country a beneficiary
country under this chapter, the President shall take into account--
(1) an expression by such country of its desire to be so
designated;
(2) the economic conditions in such country, the living
standards of its inhabitants, and any other economic factors which
he deems appropriate;
(3) the extent to which such country has assured the United
States it will provide equitable and reasonable access to the
markets and basic commodity resources of such country;
(4) the degree to which such country follows the accepted rules
of international trade provided for under the WTO Agreement and the
multilateral trade agreements (as such terms are defined in
paragraphs (9) and (4), respectively, of section 3501 of this
title);
(5) the degree to which such country uses export subsidies or
imposes export performance requirements or local content
requirements which distort international trade;
(6) the degree to which the trade policies of such country as
they relate to other beneficiary countries are contributing to the
revitalization of the region;
(7) the degree to which such country is undertaking self-help
measures to protect its own economic development;
(8) whether or not such 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 such country provides under its law
adequate and effective means for foreign nationals to secure,
exercise, and enforce exclusive rights in intellectual property,
including patent, trademark, and copyright rights;
(10) the extent to which such country prohibits its nationals
from engaging in the broadcast of copyrighted material, including
films or television material, belonging to United States copyright
owners without their express consent;
(11) whether such country has met the narcotics cooperation
certification criteria set forth in section 2291(h)(2)(A) \1\ of
title 22 for eligibility for United States assistance; and
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\1\ See References in Text note below.
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(12) the extent to which such country is prepared to cooperate
with the United States in the administration of the provisions of
this chapter.
(e) Withdrawal or suspension of designation
(1)(A) The President may--
(i) withdraw or suspend the designation of any country as a
beneficiary country, or
(ii) withdraw, suspend, or limit the application of duty-free
treatment under this chapter to any article of any country,
if, after such designation, the President determines that as a result of
changed circumstances such a country should be barred from designation
as a beneficiary country.
(B) The President may, after the requirements of paragraph (2) have
been met--
(i) withdraw or suspend the designation of any country as an
ATPDEA beneficiary country, or
(ii) withdraw, suspend, or limit the application of preferential
treatment under section 3203(b)(1), (3), or (4) of this title to any
article of any country,
if, after such designation, the President determines that, as a result
of changed circumstances, the performance of such country is not
satisfactory under the criteria set forth in section 3203(b)(6)(B) of
this title.
(2)(A) The President shall publish in the Federal Register notice of
the action the President proposes to take under paragraph (1) at least
30 days before taking such action.
(B) The United States Trade Representative shall, within the 30-day
period beginning on the date on which the President publishes under
subparagraph (A) notice of proposed action--
(i) accept written comments from the public regarding such
proposed action,
(ii) hold a public hearing on such proposed action, and
(iii) publish in the Federal Register--
(I) notice of the time and place of such hearing prior to
the hearing, and
(II) the time and place at which such written comments will
be accepted.
(f) Reporting requirements
(1) In general
Not later than April 30, 2003, and every 2 years thereafter
during the period this chapter is in effect, the United States Trade
Representative shall submit to the Congress a report regarding the
operation of this chapter, including--
(A) with respect to subsections (c) and (d) of this section,
the results of a general review of beneficiary countries based
on the considerations described in such subsections; and
(B) the performance of each beneficiary country or ATPEA
beneficiary country, as the case may be, under the criteria set
forth in section 3203(b)(6)(B) of this title.
(2) Public comment
Before submitting the report described in paragraph (1), the
United States Trade Representative shall publish a notice in the
Federal Register requesting public comments on whether beneficiary
countries are meeting the criteria listed in section 3203(b)(6)(B)
of this title.
(Pub. L. 102-182, title II, Sec. 203, Dec. 4, 1991, 105 Stat. 1236; Pub.
L. 103-465, title VI, Sec. 621(a)(3), Dec. 8, 1994, 108 Stat. 4992; Pub.
L. 104-188, title I, Sec. 1954(a)(2), Aug. 20, 1996, 110 Stat. 1927;
Pub. L. 106-200, title II, Sec. 211(c)(2), May 18, 2000, 114 Stat. 287;
Pub. L. 107-210, div. C, title XXXI, Sec. 3103(b), (e), Aug. 6, 2002,
116 Stat. 1033.)
References in Text
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (a)(3), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
Subsec. (h) of section 2291 of title 22, referred to in subsec.
(d)(11), was repealed by Pub. L. 102-583, Sec. 6(b)(2), Nov. 2, 1992,
106 Stat. 4932. For successor provisions to former subsec. (h), see
sections 2291j and 2291k of Title 22, Foreign Relations and Intercourse.
This chapter, referred to in subsec. (d)(12), was in the original
``this Act'' and was translated as reading ``this title'', meaning title
II of Pub. L. 102-182 which enacted this chapter, to reflect the
probable intent of Congress.
Amendments
2002--Subsec. (e)(1). Pub. L. 107-210, Sec. 3103(b), designated
existing provisions as subpar. (A), redesignated former subpars. (A) and
(B) as cls. (i) and (ii), respectively, of subpar. (A), and added
subpar. (B).
Subsec. (f). Pub. L. 107-210, Sec. 3103(e), substituted ``Reporting
requirements'' for ``Report'' in heading and amended text generally.
Prior to amendment, text read as follows: ``Not later than January 31,
2001, the President shall submit to the Congress a complete report
regarding the operation of this chapter, including the results of a
general review of beneficiary countries based on the considerations
described in subsections (c) and (d) of this section. In reporting on
the considerations described in subsection (d)(11) of this section, the
President shall report any evidence that the crop eradication and crop
substitution efforts of the beneficiary are directly related to the
effects of this chapter.''
2000--Subsec. (f). Pub. L. 106-200 substituted ``Report'' for
``Triennial report'' in heading and ``Not later than January 31, 2001''
for ``On or before the 3rd, 6th, and 9th anniversaries of December 4,
1991'' in text.
1996--Subsec. (c)(7). Pub. L. 104-188 substituted ``2467(4) of this
title'' for ``2462(a)(4) of this title''.
1994--Subsec. (d)(4). Pub. L. 103-465 substituted ``WTO Agreement
and the multilateral trade agreements (as such terms are defined in
paragraphs (9) and (4), respectively, of section 3501 of this title)''
for ``General Agreement on Tariffs and Trade, as well as applicable
trade agreements approved under section 2503(a) of this title''.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-188 applicable to articles entered on or
after Oct. 1, 1996, with provisions relating to retroactive application,
see section 1953 of Pub. L. 104-188, set out as an Effective Date note
under section 2461 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-465 effective on the date on which the WTO
Agreement enters into force with respect to the United States [Jan. 1,
1995], see section 621(b) of Pub. L. 103-465, set out as a note under
section 1677k of this title.
Delegation of Authority
For delegation of functions of President under div. C of Pub. L.
107-210, amending this section, see section 2 of Ex. Ord. No. 13277,
Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of
this title.
Petitions for Review
Pub. L. 107-210, div. C, title XXXI, Sec. 3103(d), Aug. 6, 2002, 116
Stat. 1033, provided that:
``(1) In general.--Not later than 180 days after the date of the
enactment of this Act [Aug. 6, 2002], the President shall promulgate
regulations regarding the review of eligibility of articles and
countries under the Andean Trade Preference Act [19 U.S.C. 3201 et
seq.], consistent with section 203(e) of such Act [19 U.S.C. 3202(e)],
as amended by this title.
``(2) Content of regulations.--The regulations shall be similar to
the regulations regarding eligibility under the generalized system of
preferences under title V of the Trade Act of 1974 [19 U.S.C. 2461 et
seq.] with respect to the timetable for reviews and content, and shall
include procedures for requesting withdrawal, suspension, or limitations
of preferential duty treatment under the Andean Trade Preference Act,
conducting reviews of such requests, and implementing the results of the
reviews.''
[For delegation of functions of President under section 3103(d) of
Pub. L. 107-210, set out above, see section 2(a) of Ex. Ord. No. 13277,
Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of
this title.]
Presidential Designation of Beneficiary Countries
The following countries were designated as beneficiary countries for
purposes of this chapter:
Bolivia, Proc. No. 6456, July 2, 1992, 57 F.R. 30097.
Colombia, Proc. No. 6455, July 2, 1992, 57 F.R. 30069.
Peru, Proc. No. 6585, Aug. 11, 1993, 58 F.R. 43239.
Section Referred to in Other Sections
This section is referred to in sections 2411, 3203 of this title.
