[Federal Register Volume 74, Number 180 (Friday, September 18, 2009)]
[Notices]
[Pages 47983-47985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22525]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Generalized System of Preferences (GSP): Initiation of a Review 
To Consider the Designation of the Republic of Maldives as a 
Beneficiary Developing Country Under the GSP

AGENCY: Office of the United States Trade Representative.

ACTION: Notice and solicitation of public comment.

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SUMMARY: This notice announces the initiation of a review to consider 
designating the Republic of Maldives as a beneficiary developing 
country for purposes of the GSP program, and solicits public comments 
on whether Maldives meets the eligibility criteria for designation as a 
beneficiary developing country. Comments are due by Friday, October 16, 
2009, and must be submitted in accordance with the requirements set out 
below.

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].
    Public versions of all documents relating to this review will be 
made available for public viewing in docket USTR-2009-0030 at http://www.regulations.gov upon completion of processing and no later than 
approximately two weeks after the due date.

SUPPLEMENTARY INFORMATION: Maldives' GSP eligibility was suspended in 
1995 because, following a review by the Trade Policy Staff Committee, 
it was determined that Maldives had not taken and was not taking steps 
to afford internationally recognized worker rights to workers in 
Maldives. The review was initiated in 1993 in response to a petition 
filed by the AFL-CIO.
    Interested persons are invited to submit comments regarding the 
eligibility of the Republic of Maldives for designation as a GSP 
beneficiary developing country. Documents should be submitted in 
accordance with the below instructions to be considered in this review.

Eligibility Criteria

    The trade benefits of the GSP program are available to any country 
that the President designates as a beneficiary developing country for 
purposes of the GSP program. In designating countries as beneficiary 
developing countries, the President must consider the criteria in 
sections 502(b) and 502(c) of the Trade Act of 1974, as amended (19 
U.S.C. 2462(b) and 2462(c)) (the ``Act'').
    Section 502(b)(2) provides that, in determining whether to 
designate any country as a GSP beneficiary developing country, the 
President shall not designate any country a beneficiary developing 
country if any of the following applies:

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    1. Such country is a Communist country, unless--
    (a) The products of such country receive nondiscriminatory 
treatment, (b) Such country is a WTO Member (as such term is defined in 
section 2(10) of the Uruguay Round Agreements Act) (19 U.S.C. 3501(10)) 
and a member of the International Monetary Fund, and (c) Such country 
is not dominated or controlled by international communism.
    2. Such country is a party to an arrangement of countries and 
participates in any action pursuant to such arrangement, the effect of 
which is--
    (a) To withhold supplies of vital commodity resources from 
international trade or to raise the price of such commodities to an 
unreasonable level, and (b) To cause serious disruption of the world 
economy.
    3. Such country affords preferential treatment to the products of a 
developed country, other than the United States, which has, or is 
likely to have, a significant adverse effect on United States commerce.
    4. Such country--
    (a) Has nationalized, expropriated, or otherwise seized ownership 
or control of property, including patents, trademarks, or copyrights, 
owned by a United States citizen or by a corporation, partnership, or 
association which is 50 percent or more beneficially owned by United 
States citizens, (b) Has taken steps to repudiate or nullify an 
existing contract or agreement with a United States citizen or a 
corporation, partnership, or association which is 50 percent or more 
beneficially owned by United States citizens, the effect of which is to 
nationalize, expropriate, or otherwise seize ownership or control of 
property, including patents, trademarks, or copyrights, so owned, or 
(c) Has imposed or enforced taxes or other exactions, restrictive 
maintenance or operational conditions, or other measures with respect 
to property, including patents, trademarks, or copyrights, so owned, 
the effect of which is to nationalize, expropriate, or otherwise seize 
ownership or control of such property, unless the President determines 
that--
    (i) Prompt, adequate, and effective compensation has been or is 
being made to the citizen, corporation, partnership, or association 
referred to above, (ii) Good faith negotiations to provide prompt, 
adequate, and effective compensation under the applicable provisions of 
international law are in progress, or the country is otherwise taking 
steps to discharge its obligations under international law with respect 
to such citizen, corporation, partnership, or association, or (iii) A 
dispute involving such citizen, corporation, partnership, or 
association over compensation for such a seizure has been submitted to 
arbitration under the provisions of the Convention for the Settlement 
of Investment Disputes, or in another mutually agreed upon forum, and 
the President promptly furnishes a copy of such determination to the 
Senate and House of Representatives.
    5. Such country fails to act in good faith in recognizing as 
binding or in enforcing arbitral awards in favor of United States 
citizens or a corporation, partnership, or association which is 50 
percent or more beneficially owned by United States citizens, which 
have been made by arbitrators appointed for each case or by permanent 
arbitral bodies to which the parties involved have submitted their 
dispute.
    6. Such country aids or abets, by granting sanctuary from 
prosecution to, any individual or group which has committed an act of 
international terrorism or the Secretary of State makes a determination 
with respect to such country under section 6(j)(1)(A) of the Export 
Administration Act of 1979 (50 U.S.C. Appx. section 2405(j)(1)(A)) or 
such country has not taken steps to support the efforts of the United 
States to combat terrorism.
    7. Such country has not taken or is not taking steps to afford 
internationally recognized worker rights to workers in the country 
(including any designated zone in that country).
    8. Such country has not implemented its commitments to eliminate 
the worst forms of child labor.
    Section 502(c) provides that, in determining whether to designate 
any country as a GSP beneficiary developing country, the President 
shall take into account:
    1. An expression by such country of its desire to be so designated;
    2. The level of economic development of such country, including its 
per capita gross national product, the living standards of its 
inhabitants, and any other economic factors which the President deems 
appropriate;
    3. Whether or not other major developed countries are extending 
generalized preferential tariff treatment to such country;
    4. The extent to which such country has assured the United States 
that it will provide equitable and reasonable access to the markets and 
basic commodity resources of such country and the extent to which such 
country has assured the United States that it will refrain from 
engaging in unreasonable export practices;
    5. The extent to which such country is providing adequate and 
effective protection of intellectual property rights;
    6. The extent to which such country has taken action to--
    (a) Reduce trade distorting investment practices and policies 
(including export performance requirements); and (b) Reduce or 
eliminate barriers to trade in services; and
    7. Whether or not such country has taken or is taking steps to 
afford to workers in that country (including any designated zone in 
that country) internationally recognized worker rights. The term 
``internationally recognized worker rights'' is defined in section 
507(4) of the Act, as amended, (19 U.S.C. 2467), to mean: (A) The right 
of association; (B) the right to organize and bargain collectively; (C) 
a prohibition on the use of any form of forced or compulsory labor; (D) 
a minimum age for the employment of children and a prohibition on the 
worst forms of child labor as defined in section 507(6) of the Act; and 
(E) acceptable conditions of work with respect to minimum wages, hours 
of work, and occupational safety and health.

Requirements for Submissions

    Submissions in response to this notice must be submitted 
electronically by 5 p.m., Tuesday, October 13, 2009, using http://www.regulations.gov, docket number USTR-2009-0030. Instructions for 
business confidential versions are provided below. Hand-delivered 
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-2009-0030 on the home page 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''. In the results table below, click 
on the ``Send a Comment'' link that corresponds to this notice. Follow 
the instructions given on the screen to submit the comment. The http://www.regulations.gov Web site offers the option of providing comments by 
filling in a ``Type Comment'' field or by attaching a document. While 
both options are acceptable, USTR prefers submissions in the form of an 
attachment.
    Comments must be in English, with the total submission not to 
exceed 30

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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.

Business Confidential Petitions

    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. 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.
    If a comment contains business confidential information that the 
submitter wishes to protect from public disclosure, the confidential 
submission must be marked ``Business Confidential'' at the top and 
bottom of each page. In addition, the submission must be accompanied by 
a non-confidential version that indicates, with asterisks, where 
confidential information was redacted or deleted. The top and bottom of 
each page of the non-confidential version must be marked either 
``Public Version'' or ``Non-Confidential''. The file name of the public 
version should begin with the characters ``P''. The ``P'' should be 
followed by the name of the party (government, company, union, 
association, etc.) that is making the submission.
    Business confidential comments that are submitted without the 
required markings or that are not accompanied by a properly marked non-
confidential version as set forth above may not be accepted or may be 
treated as public documents.

Marideth J. Sandler,
Executive Director for the GSP Program, Chairman, GSP Subcommittee of 
the Trade Policy Staff Committee.
[FR Doc. E9-22525 Filed 9-17-09; 8:45 am]
BILLING CODE 3190-W9-P