[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10339-10340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4706]
[[Page 10339]]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Generalized System of Preferences (GSP): Announcing the
Availability of Import Statistics Relating to Competitive Need
Limitations (CNLs) and Inviting Public Comment on CNL Waivers Subject
to Potential Revocation Based on New Statutory Thresholds, Possible De
Minimis Waivers, and Product Redesignations for the 2009 Annual Review
AGENCY: Office of the United States Trade Representative (USTR).
ACTION: Notice and solicitation of comments.
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SUMMARY: This notice announces the availability of full 2009 calendar
year import statistics relating to competitive need limitations (CNLs)
under the Generalized System of Preferences (GSP) program. The Office
of the United States Trade Representative (USTR) will accept public
comments submitted by 5 p.m., Thursday, March 25, 2010, via http://www.regulations.gov regarding three issues: (1) Potential revocation of
CNL waivers that meet the statutory thresholds set forth by section
503(d)(4)(B)(ii) of the Trade Act of 1974 (19 U.S.C.
2463(d)(4)(B)(ii)), as amended by Public Law 109-432; (2) possible de
minimis CNL waivers; and (3) possible redesignations of articles
currently not eligible for GSP benefits because they previously
exceeded the CNL thresholds.
FOR FURTHER INFORMATION CONTACT: Tameka Cooper, GSP Program, Office of
the United States Trade Representative, 1724 F Street, NW., Washington,
DC 20508. The telephone number is (202) 395-6971, the fax number is
(202) 395-2961, and the e-mail address is [email protected].
SUPPLEMENTARY INFORMATION:
I. Competitive Need Limitations
The GSP program provides for the duty-free importation of
designated articles when imported from designated beneficiary
developing countries (BDCs). The GSP program is authorized by title V
of the Trade Act of 1974 (19 U.S.C. 2461, et seq.), as amended (the
``1974 Act''), and is implemented in accordance with Executive Order
11888 of November 24, 1975, as modified by subsequent Executive Orders
and Presidential Proclamations.
Section 503(c)(2)(A) of the 1974 Act sets out the two CNLs. When
The President determines that a BDC exported to the United States
during a calendar year either (1) a quantity of a GSP-eligible article
having a value in excess of the applicable amount for that year ($140
million for 2009), or (2) a quantity of a GSP-eligible article having a
value equal to or greater than 50 percent of the value of total U.S.
imports of the article from all countries (the ``50 percent'' CNL), the
President must terminate GSP duty-free treatment for that article from
that BDC by no later than July 1 of the next calendar year.
De minimis waivers: Under section 503(c)(2)(F) of the 1974 Act, the
President may waive the 50 percent CNL with respect to an eligible
article imported from a BDC if the value of total imports of that
article from all countries during the calendar year did not exceed the
applicable de minimis amount for that year ($19.5 million for 2009).
Re-designations: Under section 503(c)(2)(C) of the 1974 Act, if
imports of an eligible article from a BDC ceased to receive duty-free
treatment due to exceeding a CNL in a prior year, the President may,
subject to the considerations in sections 501 and 502 of the 1974 Act,
redesignate such an article for duty-free treatment if imports in the
most recently completed calendar year did not exceed the CNLs.
CNL waiver revocation: Under Section 503(d)(5) of the 1974 Act, a
CNL waiver remains in effect until the President determines that it is
no longer warranted due to changed circumstances. Section
503(d)(4)(B)(ii) of the 1974 Act, as amended by Public Law 109-432,
also provides that, ``[n]ot later than July 1 of each year, the
President should revoke any waiver that has then been in effect with
respect to an article for 5 years or more if the beneficiary developing
country has exported to the United States (directly or indirectly)
during the preceding calendar year a quantity of the article--(I)
having an appraised value in excess of 1.5 times the applicable amount
set forth in subsection (c)(2)(A)(ii) for that calendar year [$210
million in 2009]; or (II) exceeding 75 percent of the appraised value
of the total imports of that article into the United States during that
calendar year.''
II. Implementation of Competitive Need Limitations, Waivers, and
Redesignations
Exclusions from GSP duty-free treatment where CNLs have been
exceeded will be effective July 1, 2010, unless granted a waiver by the
President. Any CNL-based exclusions, CNL waiver revocations, and
decisions with respect to de minimis waivers and redesignations will be
based on full 2009 calendar year import data.
III. 2009 Import Statistics
In order to provide notice of articles that have exceeded the CNLs
for 2009 and to afford an opportunity for comment regarding (1) the
potential revocation of waivers subject to the CNL waiver thresholds
for 2009, (2) potential de minimis waivers, and (3) redesignations, the
lists of the articles are available as supporting material within
Docket USTR-2010-0009 or at: http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preference-gsp/current-review-1, under ``2009 GSP Review, Full-Year 2009 Import
Statistics Relating to Competitive Need Limitations (CNLs).'' Full 2009
calendar year data for individual tariff subheadings may also be viewed
on the Web site of the U.S. International Trade Commission at http://dataweb.usitc.gov.
The lists available on the USTR Web site contain, for each article,
the Harmonized Tariff Schedule of the United States (HTSUS) subheading
and BDC country of origin, the value of imports of the article for the
2009 calendar year, and the percentage of total imports of that article
from all countries. The annotations on the lists indicate, among other
things, the status of GSP eligibility.
The computer-generated lists published on the USTR Web site are for
informational purposes only. They may not include all articles to which
the GSP CNLs may apply. All determinations and decisions regarding the
CNLs of the GSP program will be based on full 2009 calendar year import
data with respect to each GSP-eligible article. Each interested party
is advised to conduct its own review of 2009 import data with respect
to the possible application of the GSP CNL provisions.
List I on the USTR Web site shows: (a) Articles from BDCs that
became ineligible for GSP treatment on or before July 1, 2009; and (b)
GSP-eligible articles from BDCs that exceeded a CNL by having been
exported in excess of $140 million, or in a quantity equal to or
greater than 50 percent of the total U.S. import value, in 2009.
Petitions to grant CNL waivers for those articles that received GSP
benefits during 2009 but stand to lose GSP duty-free treatment on July
1, 2010, must have been previously submitted in the 2009 GSP Annual
Review.
List II identifies GSP-eligible articles from BDCs that are above
the 50 percent CNL, but that are eligible for a de minimis waiver of
the 50 percent CNL. Articles eligible for de minimis waivers are
automatically considered in the GSP annual review process, without
[[Page 10340]]
petitions, and public comments (including comments in support of or in
opposition to de minimis waivers) are invited in accordance with the
Requirements for Submissions below.
List III shows GSP-eligible articles from certain BDCs that are
currently not receiving GSP duty-free treatment, but that may be
considered for GSP redesignation based on 2009 trade data and
consideration of certain statutory factors, as set forth above.
Recommendations to the President on redesignations are normally made as
part of the GSP annual review process, and public comments (including
comments in support of or in opposition to redesignations) are invited
in accordance with the Requirements for Submissions below.
List IV shows articles subject to the new CNL waiver thresholds of
section 503(d)(4)(B)(ii) of the 1974 Act, as amended by Public Law 109-
432. Recommendations to the President on revocation of these waivers
will be made as part of the 2009 GSP annual review process, and public
comments (including comments in support of or in opposition to
revocations of CNL waivers) are invited in accordance with the
Requirements for Submissions below.
IV. Public Comments
Requirements for Submissions
Submissions in response to this notice must be submitted
electronically by the March 25, 2010 deadline listed above using http://www.regulations.gov, docket number USTR-2010-0009. Instructions for
submitting business confidential versions are provided below. Hand-
delivered and faxed submissions will not be accepted. Submissions must
be submitted in English to the Chairman of the GSP Subcommittee, Trade
Policy Staff Committee, by the applicable deadlines set forth in this
notice.
To make a submission using http://www.regulations.gov, enter docket
number USTR-2010-0009 on the homepage and click ``Search''. The site
will provide a search-results page listing all documents associated
with this docket. Locate the reference to this notice by selecting
``Notices'' under ``Document Type''. Locate the reference to this
notice by selecting ``Notices'' under ``Document Type'' on the left
side of the search-results page, and click on the link entitled
``Submit a Comment''. (For further information on using the http://www.regulations.gov Web site, please consult the resources provided on
the Web site by clicking ``How to Use This Site'' on the left side of
the home page.)
The http://www.regulations.gov Web site offers the option of
providing comments by filling in a ``Type Comment and Upload File''
field or by attaching a document. Given the detailed nature of the
information sought by the GSP subcommittee, USTR prefers comments to be
provided in an attached document. If a document is attached, it is
sufficient to type ``See attached'' in the ``Type Comment and Upload
File'' field.
Comments must be in English, with the total submission not to
exceed 30 single-spaced standard letter-size pages in 12-point type,
including attachments. Any data attachments to the submission should be
included in the same file as the submission itself, and not as separate
files. Any person or party making a submission is strongly advised to
review the GSP regulations and GSP Guidebook (available at: http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preference-gsp/gsp-program-inf).
V. Business Confidential Comments
A person requesting that information contained in a comment
submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Confidential business information must be clearly designated as such,
the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top and
bottom of the cover page and each succeeding page, and the submission
should indicate, via brackets, the specific information that is
confidential. Additionally, ``Business Confidential'' should be
included in the ``Type Comment & Upload File'' field. Anyone submitting
a comment containing business confidential information must also submit
as a separate submission a non-confidential version of the confidential
submission, indicating where confidential information has been
redacted. The non-confidential summary will be placed in the docket and
open to public inspection.
Public versions of all documents relating to this review will be
available for public viewing at http://www.regulations.gov, docket
number USTR-2010-0009, upon completion of processing and no later than
approximately two weeks after the due date.
Mary Estelle Ryckman,
Assistant U.S. Trade Representative for Trade and Development, Office
of the U.S. Trade Representative.
[FR Doc. 2010-4706 Filed 3-4-10; 8:45 am]
BILLING CODE 3190-W0-P