16 March 2009
Council for Trade in Goods
REQUEST FOR A WAIVER1
The following communication, dated 12 March 2009, is being circulated at the request of the Delegation of the United States.
Pursuant to Article IX:3 of the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement), the United States hereby requests Members to extend and expand the scope of the existing waiver of U.S. obligations under paragraph 1 of Article I of the General Agreement on Tariffs and Trade 1994 (GATT 1994) to the extent necessary to permit the United States to provide duty-free treatment to eligible products originating in beneficiary Central American and Caribbean countries and territories (“beneficiary countries”) designated pursuant to the provisions of the Caribbean Basin Economic Recovery Act of 1983, as amended by the Caribbean Basin Economic Recovery Expansion Act of 1990 (CBERA).2 The United States requests Members to extend the waiver through 31 December 2014, and broaden it to waive U.S. obligations under paragraph 1 of Article I and paragraphs 1 and 2 of Article XIII of GATT 1994 to the extent necessary to permit the United States to provide preferential tariff treatment to eligible products originating in beneficiary countries designated pursuant to the provisions of the CBERA, as amended by the United States-Caribbean Basin Trade Partnership Act, the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006, and the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008 (“HOPE II”) (“CBERA as amended”).
1.Description of the measure
The United States-Caribbean Basin Trade Partnership Act (CBTPA), enacted as Title II of the Trade and Development Act of 2000 (Public Law 106-200), and amended by section 3107 of the Trade Act of 2002 (Public Law 107-210), section 1558 of the Miscellaneous Trade and Technical Corrections Act of 2004 (Public Law 108-429), and section 15408 of the Food, Conservation, and
1 The draft decision for this request is contained in G/C/W/611 and Corr.1.
2 See Caribbean Basin Economic Recovery Act, Renewal of Waiver, Decision of 15 November 1995 (WT/L/104).