[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR2007.1]



[Page 470-472]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

      CHAPTER XX--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

 

PART 2007_REGULATIONS OF THE U.S. TRADE REPRESENTATIVE PERTAINING TO 

ELIGIBILITY OF ARTICLES AND COUNTRIES FOR THE GENERALIZED SYSTEM OF 

PREFERENCE PROGRAM (GSP (15 CFR PART 2007))--Table of Contents

 

Sec. 2007.1  Information required of interested parties in submitting 

requests for modifications in the last of eligible articles.



    (a) General Information Required. A request submitted pursuant to 

this part, hereinafter also referred to as a petition, except requests 

submitted pursuant to Sec. 2007.0(b), shall state clearly on the first 

page that it is a request for action with respect to the provision of 

duty-free treatment for an article or articles under the GSP, and must 

contain all information listed in this paragraph and in paragraphs (b) 

and (c). Petitions which do not contain the information required by this 

paragraph shall not be accepted for review except upon a showing that 

the petitioner made a good faith effort to obtain the information 

required. Petitions shall contain, in addition to any other information 

specifically requested, the following information:

    (1) The name of the petitioner, the person, firm or association 

represented by the petitioner, and a brief description of the interest 

of the petitioner claiming to be affected by the operation of the GSP;

    (2) An identification of the product or products of interest to the 

petitioner, including a detailed description of products and their uses 

and the identification of the pertinent item number of the Tariff 

Schedules of the United States (TSUS). Where the product or products of 

interest are included with other products in a basket category of the 

TSUS, provide a detailed description of the product or products of 

interest;

    (3) A description of the action requested, together with a statement 

of the reasons therefor and any supporting information;



[[Page 471]]



    (4) A statement of whether to the best of the Petitioner's 

knowledge, the reasoning and information has been presented to the TPSC 

previously either by the petitioner or another party. If the Petitioner 

has knowledge the request has been made previously, it must include 

either new information which indicates changed circumstances or a 

rebuttal of the factors supporting the denial of the previous request. 

If it is a request for a product addition, the previous request must not 

have been formally accepted for review within the preceding three 

calendar year period; and

    (5) A statement of the benefits anticipated by the petitioner if the 

request is granted, along with supporting facts or arguments.

    (b) Requests to withdraw, limit or suspend eligibility with respect 

to designated articles. Petitions requesting withdrawal or limitation of 

duty-free treatment accorded under GSP to an eligible article or 

articles must include the following information with respect to the 

relevant United States industry for the most recent three year period:

    (1) The names, number and locations of the firms producing a like or 

directly competitive product;

    (2) Actual production figures;

    (3) Production capacity and capacity utilization;

    (4) Employment figures, including number, type, wage rate, location, 

and changes in any of these elements;

    (5) Sales figures in terms of quantity, value and price;

    (6) Quantity and value of exports, as well as principal export 

markets;

    (7) Profitability of firm on firms producing the like product, if 

possible show profit data by product line;

    (8) Analysis of cost including materials, labor and overhead;

    (9) A discussion of the competitive situation of the domestic 

industry;

    (10) Identification of competitors; analysis of the effect imports 

receiving duty-free treatment under the GSP have on competition and the 

business of the interest on whose behalf the request is made;

    (11) Any relevant information relating to the factors listed in 

section 501 and 502(c) of Title V of the Trade Act of 1974, as amended 

(19 U.S.C. 2501, 502(c)) such as identification of tariff and non-tariff 

barriers to sales in foreign markets;

    (12) Any other relevant information including any additional 

information that may be requested by the GSP Subcommittee.

    This information should be submitted with the request for each 

article that is the subject of the request, both for the party making 

the request, and to the extent possible, for the industry to which the 

request pertains.

    (c) Requests to designate new articles. Information to be provided 

in petitions requesting the designation of new articles submitted by 

interested parties must include for the most recent three year period 

the following information for the beneficiary country on whose behalf 

the request is being made and, to the extent possible, other principal 

beneficiary country suppliers:

    (1) Identification of the principal beneficiary country suppliers 

expected to benefit from proposed modification;

    (2) Name and location of firms;

    (3) Actual production figures (and estimated increase in GSP status 

is granted);

    (4) Actual production and capacity utilization (and estimated 

increase if GSP status is granted);

    (5) Employment figures, including numbers, type, wage rate, location 

and changes in any of these elements if GSP treatment is granted;

    (6) Sales figures in terms of quantity, value and prices;

    (7) Information on total exports including principal markets, the 

distribution of products, existing tariff preferences in such markets, 

total quantity, value and trends in exports;

    (8) Information on exports to the United States in terms of 

quantity, value and price, as well as considerations which affect the 

competitiveness of these exports relative to exports to the United 

States by other beneficiary countries of a like or directly competitive 

product. Where possible, petitioners should provide information on the 

development of the industry in beneficiary countries and trends in their 

production and promotional activities;

    (9) Analysis of cost including materials, labor and overhead;



[[Page 472]]



    (10) Profitability of firms producing the product;

    (11) Information on unit prices and a statement of other 

considerations such as variations in quality or use that affect price 

competition;

    (12) If the petition is submitted by a foreign government or a 

government controlled entity, it should include a statement of the 

manner in which the requested action would further the economic 

development of the country submitting the petition;

    (13) If appropriate, an assessment of how the article would qualify 

under the GSP's 35 percent value-added requirements; and

    (14) Any other relevant information, including any information that 

may be requested by the GSP Subcommittee.

    Submissions made by persons in support of or opposition to a request 

made under this part should conform to the requirements for requests 

contained in Sec. 2007.1(a) (3) and (4), and should supply such other 

relevant information as is available.