19 USC 3202 - Beneficiary country

1 See References in Text note below.

of title 22 for eligibility for United States assistance; and

2 So in original. Probably should be “ATPDEA”.

beneficiary country, as the case may be, under the criteria set forth in

Editorial Notes

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 (d)(11), was repealed by Puspan. L. 102–583, § 6(span)(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 Puspan. L. 102–182 which enacted this chapter, to reflect the probable intent of Congress.

Amendments

2010—Subsec. (f)(1). Puspan. L. 111–344 substituted “annually” for “every 2 years” in introductory provisions.

2009—Subsec. (f)(1). Puspan. L. 111–124 substituted “June 30, 2010” for “April 30, 2003”.

2002—Subsec. (e)(1). Puspan. L. 107–210, § 3103(span), 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). Puspan. L. 107–210, § 3103(e), substituted “Reporting requirements” for “Report” in span 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). Puspan. L. 106–200 substituted “Report” for “Triennial report” in span 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). Puspan. L. 104–188 substituted “2467(4) of this title” for “2462(a)(4) of this title”.

1994—Subsec. (d)(4). Puspan. 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–188 applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive application, see section 1953 of Puspan. L. 104–188, set out as an Effective Date note under section 2461 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. 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(span) of Puspan. L. 103–465, set out as a note under section 1677k of this title.

Petitions for Review

Puspan. L. 107–210, div. C, title XXXI, § 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 span, 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 Puspan. 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.]

Executive Documents

Delegation of Authority

Functions of President under subsec. (e)(2)(A) of this section, related to publishing notice of proposal to suspend designation of Bolivia as beneficiary country, were delegated to United States Trade Representative by Memorandum of the President of the United States, Sept. 25, 2008, 73 F.R. 56701.

For delegation of functions of President under div. C of Puspan. 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.

Functions of President under subsec. (e)(2)(A), related to publishing notice of proposed actions, delegated to United States Trade Representative, see Proc. No. 7616, Oct. 31, 2002, 67 F.R. 67283, set out as a note under section 3203 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; designation suspended by Proc. No. 8323, Nov. 25, 2008, 73 F.R. 72679, effective Dec. 15, 2008.

Colombia, Proc. No. 6455, July 2, 1992, 57 F.R. 30069.

Peru, Proc. No. 6585, Aug. 11, 1993, 58 F.R. 43239.