USTR Requests Public Comment on Haiti Trade Law

The United States Trade Representative has made a request for comments from the public on Haiti's eligibility for benefits under the HOPE Act that was recently signed into law [link].

This is an important step for the American public to make comments and express concerns on labor standards, environmental regulation, etc. For those who are uncertain, this law opens US markets to Haitian textiles produced from any third country fabrics.

There is concern that countries like China or India, may attempt to transship their goods through Haiti to bypass US import tariffs. While others have expressed concern that labor rights in Haiti are not sufficient to extend to them such benefits. See conversations here [link] and here [link].

Nevertheless, HOPE is now law. Supporters and dissenters alike should use this opportunity to express themselves to the USTR.

DUE DATE: Public Comments are due at the Office of the U.S. Trade Representative (USTR) by noon, Tuesday, February 13, 2007.

ADDRESSES: Submit comments by electronic mail (e-mail) to: FR0504@USTR.EOP.GOV. For assistance or if unable to submit comments by e-mail, contact Gloria Blue, Executive Secretary, Trade Policy Staff Committee, at (202) 395-6143.

FOR FURTHER INFORMATION CONTACT: For procedural questions, please contact Gloria Blue, Office of the U.S. Trade Representative, 600 17th Street, NW., Room F516, Washington, DC 20508, at (202) 395-3475. All other questions should be directed to Viondette Lopez, Director of Caribbean Affairs, Office of the U.S. Trade Representative, at (202) 395-6117.

Eligibility Requirements Under Section 5002(d) are:

(1) IN GENERAL--Haiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti--

(A) has established, or is making continual progress toward establishing--

(i) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets;

(ii) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law;

(iii) the elimination of barriers to United States trade and investment, including by--

(I) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment;

(II) the protection of intellectual property; and

(III) the resolution of bilateral trade and investment disputes;

(iv) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs;

(v) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and

(vi) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health;

(B) does not engage in activities that undermine United States national security or foreign policy interests; and

(C) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities.