Trade Policy Staff Committee: Public Comments Regarding Granting Suriname Eligibility for Benefits Under the Caribbean Basin Economic Recovery Act and the Caribbean Basin Trade Partnership Act, 17198-17200 [2010-7513]

Agencies

• Office of the United States Trade Representative
• Trade Representative, Office of United States

[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Notices]
[Pages 17198-17200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7513]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Trade Policy Staff Committee: Public Comments Regarding Granting 
Suriname Eligibility for Benefits Under the Caribbean Basin Economic 
Recovery Act and the Caribbean Basin Trade Partnership Act

AGENCY: Office of the United States Trade Representative.

ACTION: Notice and request for public comment.

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SUMMARY: The Trade Policy Staff Committee (TPSC) is seeking comments 
from the public on whether Suriname should be designated as eligible to 
receive benefits under the Caribbean Basin Economic Recovery Act 
(CBERA), as amended by the Caribbean Basin Trade Partnership Act 
(CBTPA) (19 U.S.C. 2701 et seq.). Although Congress has identified 
Suriname as potentially eligible for benefits, the government of 
Suriname did not request beneficiary status under either the CBERA or 
the CBTPA until December 2009. The TPSC invites written comments 
concerning whether Suriname meets the criteria described in sections 
212(b), 212(c), and 213(b)(5)(B) of the CBERA, as amended. The TPSC 
will consider these comments in developing its recommendation to the 
President regarding Suriname's eligibility for benefits under CBERA and 
CBTPA.

DATES: Public comments are due at USTR no later than 5 p.m., May 17, 
2010.

ADDRESSES: Comments should be submitted electronically via the Internet 
at https://www.regulations.gov. For alternatives to on-line submissions 
please contact Gloria Blue, Executive Secretary, Trade Policy Staff 
Committee, at (202) 395-3475.

FOR FURTHER INFORMATION CONTACT: For procedural questions concerning 
written comments, contact Gloria Blue, Executive Secretary, Trade 
Policy Staff Committee, at (202) 395-3475. All other questions should 
be directed to Kent Shigetomi, Office of the Americas, Office of the 
United States Trade Representative, 600 17th Street, NW., Room 523, 
Washington, DC 20508. His telephone number is (202) 395-3412.

SUPPLEMENTARY INFORMATION: Interested parties are invited to submit 
comments on whether Suriname meets or fails to satisfy the eligibility 
criteria described in sections 212(b), 212(c), and 213(b)(5)(B) of the 
CBERA, as amended. Those criteria may be accessed at https://www.tinyurl.com/yelwmc5, and are summarized below.

Eligibility Criteria for Designation as a Beneficiary Country Under 
CBERA and CBTPA (Sections 212(b) and (c) of CBERA)

    After a country identified in the statute as a potential 
beneficiary country requests benefits under CBERA and CBTPA, the 
President must determine whether to designate the country as a 
beneficiary under the two programs. In determining whether to designate 
a country as a CBERA beneficiary country, the President must take into 
account the criteria contained in section 212(b) of the CBERA, which 
include whether the country: (1) Is a Communist country; (2) 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, or taken certain steps that have such 
an effect, without proper compensation or arbitration of the dispute; 
(3) fails to act in good faith 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; (4) affords preferential treatment to the products of a 
developed country, other than the United States, which has, or is 
likely to have, a

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significant adverse effect on United States commerce; (5) owns an 
entity that engages in the broadcast of copyrighted material belonging 
to United States copyright owners without their express consent; (6) is 
a signatory to a treaty, convention, protocol, or other agreement 
regarding the extradition of United States citizens; and (7) has not or 
is not taking steps to afford internationally recognized worker rights 
(as defined in section 507(4) of the Trade Act of 1974 (19 U.S.C. 
2467(4))) to workers in the country.
    The President must also take into account the criteria contained in 
section 212(c) of the CBERA, which include: (1) The economic conditions 
in such country; (2) 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; (3) the degree 
to which such country follows the accepted rules of international trade 
provided for under the World Trade Organization (WTO) Agreement and the 
multilateral trade agreements; (4) the degree to which such country 
uses export subsidies or imposes export performance requirements or 
local content requirements which distort international trade; (5) 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; (6) the degree to which such country is undertaking self-
help measures to promote its own economic development; (7) whether or 
not such country has taken or is taking steps to afford to workers in 
that country internationally recognized worker rights; (8) 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; (9) the extent to which such country 
prohibits its nationals from engaging in the broadcast of copyrighted 
material belonging to United States copyright owners without their 
express consent; (10) and the extent to which such country is prepared 
to cooperate with the United States in the administration of the 
provisions of the CBERA.

Eligibility Criteria for CBTPA Beneficiary Countries (Section 
213(b)(5)(B) of the CBERA)

    In determining whether to designate a country as a CBTPA 
beneficiary country, the President must take into account the criteria 
contained in sections 212(b) and (c) of CBERA described above, and 
other appropriate criteria, including the following criteria contained 
in section 213(b)(5)(B) of the CBERA: (1) Whether the beneficiary 
country has demonstrated a commitment to undertake its obligations 
under the WTO Agreement and participate in negotiations toward the 
completion of the Free Trade Area of the Americas or another free trade 
agreement; (2) the extent to which the country provides protection of 
intellectual property rights consistent with or greater than the 
protection afforded under the Agreement on Trade-Related Aspects of 
Intellectual Property Rights described in section 101(d)(15) of the 
Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)); (3) the extent to 
which the country provides internationally recognized worker rights; 
(4) whether the country has implemented its commitments to eliminate 
the worst forms of child labor; (5) the extent to which the country has 
met U.S. counter-narcotics certification criteria under the Foreign 
Assistance Act of 1961; (6) the extent to which the country has taken 
steps to become a party to and implement the Inter-American Convention 
Against Corruption; and (7) the extent to which the country applies 
transparent, nondiscriminatory and competitive procedures in government 
procurement and contributes to efforts in international fora to develop 
and implement rules on transparency in government procurement.
    Additionally, before a country can receive benefits under the 
CBTPA, the President must also determine that the country has satisfied 
the requirements of section 213(b)(4)(A)(ii) of CBERA (19 U.S.C. 
2703(b)(4)(A)(ii)) relating to the implementation of procedures and 
requirements similar to the relevant procedures and requirements 
contained in chapter 5 of the North American Free Trade Agreement.
    Requirements for Submissions. Persons submitting comments must do 
so in English and must identify (on the first page of the submission) 
the ``Suriname CBERA and CBTPA Eligibility.'' Written comments must be 
received by May 17, 2010.
    In order to ensure the most timely and expeditious receipt and 
consideration of comments, USTR has arranged to accept on-line 
submissions via https://www.regulations.gov. To submit comments via 
https://www.regulations.gov, enter docket number USTR-2010-0011 on the 
home page and click ``go''. The site will provide a search-results page 
listing all documents associated with this docket. Find a reference to 
this notice by selecting ``Notice'' under ``Document Type'' on the left 
side of the search-results page, and click on the link entitled ``Send 
a Comment or Submission.'' (For further information on using the https://www.regulations.gov Web site, please consult the resources provided on 
the Web site by clicking on ``How to Use This Site'' on the left side 
of the home page.)
    The https://www.regulations.gov Web site provides the option of 
making submissions by filling in a ``General Comments'' field, or by 
attaching a document. We expect that most submissions will be provided 
in an attached document. If a document is attached, it is sufficient to 
type ``See attached'' in the ``General Comments'' field.
    Submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf) are 
preferred. If an application other than those two is used, please 
identify in your submission the specific application used. For any 
comments submitted electronically containing business confidential 
information, the file name of the business confidential version should 
begin with the characters ``BC'' and must be submitted separately from 
the public version. Any page containing business confidential 
information must be clearly marked ``BUSINESS CONFIDENTIAL'' on the top 
of that page. If you file comments containing business confidential 
information you must also submit a public version of the comments under 
a separate submission. The file name of the public version should begin 
with the character ``P''. The ``BC'' and ``P'' should be followed by 
the name of the person or entity submitting the comments. If you submit 
comments that contain no business confidential information, the file 
name should begin with the character ``P'', followed by the name of the 
person or entity submitting the comments. Electronic submissions should 
not attach separate cover letters; rather, information that might 
appear in a cover letter should be included in the comments you submit. 
Similarly, to the extent possible, please include any exhibits, 
annexes, or other attachments to a submission in the same file as the 
submission itself and not as separate files.
    We strongly urge submitters to use electronic filing. If an on-line 
submission is impossible, alternative arrangements must be made with 
Ms. Blue prior to delivery for the receipt of such submissions. Ms. 
Blue may be contacted at (202) 395-3475. General information concerning 
the Office of the United States Trade Representative may

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be obtained by accessing its Internet Web site (https://www.ustr.gov).

Carmen Suro-Bredie,
Chairman, Trade Policy Staff Committee.
[FR Doc. 2010-7513 Filed 4-2-10; 8:45 am]
BILLING CODE 3190-W0-P