[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Pages 3657-3659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1149]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Generalized System of Preferences (GSP): Notice Regarding the 
Acceptance of Competitive Need Limitation Waiver and Further Review of 
Country Practice Petitions for the 2008 Annual Review

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: The Office of the United States Trade Representative (USTR) 
received petitions in connection with the 2008 GSP Annual Review to 
waive the competitive need limitations (CNLs) on imports of certain 
products that are eligible for duty-free treatment under the GSP 
program. This notice announces CNL waiver petitions that are accepted 
for further review and country practice petitions that continue to be 
under evaluation for acceptance in the 2008 GSP Annual Review. This 
notice also sets forth the schedule for comment and public hearings on 
the CNL waiver petitions, requesting participation in the hearings, 
submitting pre-hearing and post-hearing briefs, and commenting on the 
U.S. International Trade Commission (USITC) report on probable economic 
effects. The list of accepted petitions to waive CNLs and the list of 
country practice petitions that continue to be under review for 
acceptance in the 2008 GSP Annual Review are available at: http://www.ustr.gov/Trade_Development/Preference_Programs/GSP/GSP_2008_Annual_Review/Section_Index.html.

FOR FURTHER INFORMATION CONTACT: Tameka Cooper, GSP Program, Office of 
the United States Trade Representative, 1724 F Street, NW., Room F-214, 
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].

DATES: The GSP regulations (15 CFR Part 2007) provide the schedule of 
dates for conducting an annual review unless otherwise specified in a 
Federal Register notice. The current schedule with respect to the 
review of CNL waiver petitions is set forth below. Notification of any 
other changes will be given in the Federal Register.

February 13, 2009 Pre-hearing briefs and comments, requests to testify 
at the GSP Subcommittee Public Hearing, and hearing statements must be 
submitted by 5 p.m.
February 26, 2009 GSP Subcommittee Public Hearing on all CNL waiver 
petitions accepted for the 2008 GSP Annual Review in Rooms 1 and 2, 
1724 F St., NW., Washington, DC 20508, beginning at 9 a.m.
March 12, 2009 Post-hearing briefs and comments must be submitted by 5 
p.m.
May 2009 USITC scheduled to publish report on products for which CNL 
waivers have been requested in the 2008 GSP Annual Review (cases 2008-
14 to 2008-19). Comments on the USITC report on these products are due 
10 calendar days after USITC date of publication.
June 30, 2009 Modifications to the list of articles eligible for duty-
free treatment under the GSP resulting

[[Page 3658]]

from the 2008 Annual Review will be announced on or about June 30, 
2009, in the Federal Register, and any changes will be effective as 
announced.

SUPPLEMENTARY INFORMATION: The GSP program provides for the duty-free 
importation of eligible articles when imported from designated 
beneficiary developing countries. 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.
    In Federal Register notices dated May 15, 2008, and October 16, 
2008, USTR announced that the deadline for the filing of product 
petitions requesting waivers of ``competitive need limitations'' (CNLs) 
for the 2008 GSP Annual Review was November 13, 2008 (73 FR 28174 and 
73 FR 61444). The interagency GSP Subcommittee of the Trade Policy 
Staff Committee (TPSC) has reviewed the CNL waiver petitions, and the 
TPSC has decided to accept for review the following petitions:
    (1) Amino-naphthols and amino-phenol, their ethers, esters, except 
those with more than one kind of oxygen function; and salts thereof, 
nesoi from Brazil (HTS 2922.41.00);
    (2) Polyethylene terephthalate in primary forms (PET resin) from 
Indonesia (HTS 3907.60.00);
    (3) Full grain unsplit bovine (not buffalo) & equine leather, not 
whole, w/o hair on, nesoi from Argentina (HTS 4107.91.80);
    (4) Ferrochromium containing by weight more than 4 percent of 
carbon from India (HTS 7202.41.00);
    (5) Calcium silicon ferroalloys from Argentina (HTS 7202.99.20); 
and
    (6) Copper, stranded wire, not electrically insulated, not fitted 
with fittings and not made up into articles from Turkey (HTS 
7413.00.10).
    Additional information regarding these petitions is provided in the 
``List of CNL Waiver Petitions Accepted in the 2008 GSP Annual Review'' 
posted on the USTR Web site. Included in the list regarding each 
petition that has been accepted for review are: The case number; the 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
number; a brief description of the product (see the HTSUS for an 
authoritative description available on the USITC Web site (http://www.usitc.gov/tata/hts/)); and the petitioner. Acceptance of a petition 
for review does not indicate any opinion with respect to the 
disposition on the merits of the petition. Acceptance indicates only 
that the listed petitions have been found eligible for review by the 
TPSC and that such review will take place.

Notice of Public Hearing

    The GSP Subcommittee of the TPSC will hold a hearing on February 
26, 2009, for CNL waiver product petitions accepted for the 2008 GSP 
Annual Review, beginning at 9 a.m. at the Office of the U.S. Trade 
Representative, Rooms 1 and 2, 1724 F Street, NW., Washington, DC 
20508. The hearing will be open to the public, and a transcript of the 
hearing will be available for public inspection or can be purchased 
from the reporting company. No electronic media coverage will be 
allowed.

Submission of Requests To Testify at the Public Hearing and Hearing 
Statements

    All interested parties wishing to testify at the hearing must 
submit, by 5 p.m., February 13, 2009, a ``Notice of Intent to Testify'' 
and ``Hearing Statement'' to http://www.regulations.gov (following the 
procedures indicated in ``Requirements for Submissions''), the 
witness'' or witnesses' name, address, telephone number, fax number, e-
mail address, pertinent Case Number and eight-digit HTSUS subheading 
number. Oral testimony before the GSP Subcommittee will be limited to 
one, five-minute presentation in English. If those testifying intend to 
submit a longer ``Hearing Statement'' for the record, it must be in 
English and accompany the ``Notice of Intent to Testify'' to be 
submitted by 5 p.m. on February 13, 2009.

Opportunities for Public Comment and Inspection of Comments

    In addition to holding a public hearing, the GSP Subcommittee of 
the TPSC invites briefs and comments in support of or in opposition to 
any CNL waiver petition that has been accepted for the 2008 GSP Annual 
Review. Parties not wishing to appear at the public hearing but wishing 
to submit pre-hearing briefs or statements, in English, must do so by 5 
p.m., February 13, 2009. Post-hearing briefs or statements will be 
accepted if they conform with the ``Requirements for Submissions'' 
cited above and are submitted, in English, by 5 p.m., March 12, 2009.
    In accordance with sections 503(d)(1)(A) of the 1974 Act and the 
authority delegated by the President, pursuant to section 332(g) of the 
Tariff Act of 1930, the U.S. Trade Representative has requested that 
the USITC provide its advice on the probable economic effect on U.S. 
industries producing like or directly competitive articles and on 
consumers of the waiver of the CNL for the specified GSP beneficiary 
countries, with respect to the articles that are specified in the 
``List of CNL Waiver Submissions Accepted in the 2008 GSP Annual 
Review.'' Comments by interested persons on the USITC Report prepared 
as part of the product review should be submitted by 5 p.m., 10 
calendar days after the date of USITC publication of its report. These 
submissions are to be submitted using http://www.regulations.gov in 
accordance with ``Requirements for Submissions.''
    Submissions should comply with 15 CFR Part 2007, except as modified 
below. All submissions should identify the subject article(s) in terms 
of the case number and eight digit HTSUS subheading number, if 
applicable, as shown in the ``List of CNL Waiver Petitions Accepted in 
the 2008 GSP Annual Review'' available at: http://www.ustr.gov/Trade_Development/Preference_Programs/GSP/GSP_2008_Annual_Review/Section_Index.html.

[2008 GSP Review, List of CNL Waiver Petitions Accepted in the 2008 GSP 
Annual Review]

Requirements for Submissions

    Submissions of pre-hearing and post-hearing briefs and comments 
provided in response to this notice, with the exception of business 
confidential submissions, must be submitted electronically using http://www.regulations.gov, docket number USTR-2008-0045. Hand-delivered 
submissions will not be accepted. Submissions must be submitted in 
English by the applicable deadlines set forth in this notice.
    For additional information on using the www.regulations.gov Web 
site or for any technical assistance relating to a submission, 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. Each submitter will 
receive a submission tracking number upon completion of the submissions 
procedure at http://www.regulations.gov. The tracking number will be 
the submitter's confirmation that the submission was received into 
http://www.regulations.gov. The confirmation should be kept for the 
submitter's records. USTR is not responsible for any

[[Page 3659]]

delays in a submission due to technical difficulties, nor is it able to 
provide any technical assistance for the Web site.
    To make a submission using http://www.regulations.gov, enter docket 
number USTR-2008-0045 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.'' The 
http://www.regulations.gov Web site offers the option of providing 
comments by filling in a ``General Comments'' field or by attaching a 
document. Given the detailed nature of the information sought by the 
GSP Subcommittee, it is expected that most comments and submissions 
will be provided in an attached document. If a document is attached, 
(1) type the eight-digit HTSUS subheading number; as appropriate; (2) 
indicate whether the attachment is ``Written Comments,'' ``Notice of 
Intent to Testify,'' ``Pre-hearing brief,'' ``Post-hearing brief,'' or 
``Comments on USITC Advice; and (3) type in ``See attached'' in the 
``General Comments'' field. Submissions 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.
    Submissions must include, on the first page (if an attachment) or 
at the beginning of the submission, the following text (in bold and 
underlined): (1) 2008 GSP Annual Review; (2) the Case Number; (3) the 
eight-digit HTSUS subheading number; and (4) as appropriate, ``Written 
Comments,'' ``Notice of Intent to Testify,'' ``Pre-hearing brief,'' 
``Post-hearing brief,'' or ``Comments on USITC Advice''. The case 
number and eight-digit HTSUS subheading number (for example, Case 2008-
19, 7413.00.10) are found on the ``List of CNL Waiver Petitions 
Accepted in the 2008 GSP Annual Review'' on the USTR Web site.
    Submissions will be placed in the docket and open to public 
inspection pursuant to 15 CFR Sec.  2007.6. Submissions may be viewed 
on the http://www.regulations.gov Web site by entering the docket 
number USTR-2008-0045 in the search field at:  http://www.regulations.gov.

Business Confidential Submissions

    Persons wishing to submit business confidential information must 
submit that information by electronic mail to [email protected]. 
Business confidential submissions will not be accepted at http://www.regulations.gov; however, public or non-confidential submissions 
that accompany business confidential submissions should be submitted at 
http://www.regulations.gov. For any document containing business 
confidential information submitted as a file attached to an e-mail 
transmission, the file name of the business confidential version should 
begin with the characters ``BC.'' The ``BC'' should be followed by the 
name of the party (government, company, union, association, etc.) that 
is making the submission.
    Persons wishing to submit business confidential submissions must 
also follow each of these steps: (1) Provide a written explanation of 
why the information should be protected in accordance with 15 CFR 
2007.7(b), which must be submitted along with the business confidential 
version of the submission; (2) clearly mark the business confidential 
submission ``BUSINESS CONFIDENTIAL'' at the top and bottom of each page 
of the submission; (3) indicate using brackets what information in the 
document is confidential; and (4) submit a non-confidential version of 
the submission, marked ``Public'' at the top and bottom of each page, 
that also indicates, using asterisks, where business confidential 
information was redacted or deleted from the applicable sentences to 
http://www.regulations.gov. Business confidential submissions that are 
submitted without the required markings or are not accompanied by a 
properly marked non-confidential version, as set forth above, might not 
be accepted or may be considered public documents. 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 
made available for public viewing at http://www.regulations.gov upon 
completion of processing and no later than approximately two weeks 
after the relevant due date.

Petitions for Review Regarding Country Practices

    Pursuant to 15 CFR 2007.0(b), the GSP Subcommittee of the TPSC has 
continued the evaluation of the country practice petitions for Iraq and 
Sri Lanka that were submitted for inclusion in the 2008 GSP Annual 
Review (see ``List of Petitions Accepted in the 2008 GSP Annual 
Review'' posted on the USTR Web site). This decision was announced in a 
Federal Register notice dated September 12, 2008, 73 FR 53054, and 
indicated that the decision on whether to accept the new country 
practice petitions for Iraq and Sri Lanka for review in the 2008 GSP 
Annual Review was planned for January 2009. The decision regarding 
whether to accept these new country practice petitions in December 
2008, including a petition submitted in December 2008 requesting a 
country practices review with respect to the Republic of the 
Philippines, is now expected to be announced no later than March 15, 
2009. A Federal Register notice will be published announcing the 
decision on whether to accept the petitions.

Marideth Sandler,
Executive Director, Generalized System of Preferences (GSP) Program, 
Office of the U.S. Trade Representative.
 [FR Doc. E9-1149 Filed 1-16-09; 8:45 am]
BILLING CODE 3190-W9-P