[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Notices]
[Pages 54619-54620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25459]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Generalized System of Preferences (GSP): Notice Regarding the 
2009 Annual Product Review for Acceptance of Product Petitions

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 2009 GSP Annual Review to 
modify the list of products that are eligible for duty-free treatment 
under the GSP program (``2009 GSP Annual Product Review''). This Notice 
announces the petitions accepted for review to add or remove products 
from the list of products eligible for duty-free treatment under GSP 
and sets forth the review schedule for comment and public hearings, for 
requesting participation in the hearings, for submitting pre-hearing 
and post-hearing briefs, and for commenting on the U.S. International 
Trade Commission's (USITC) report on probable economic effects. The 
list of accepted petitions is available at: http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preference-gsp/current-review-1 [2009 Annual Review] and at 
Regulations.gov, Docket Number USTR-2009-0036.

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].

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 schedule for the 2009 GSP Annual Product 
Review is set forth below. Notification of any other changes will be 
given in the Federal Register.
    November 6, 2009--Due date for submission of pre-hearing briefs and 
requests to appear at the GSP Subcommittee Public Hearing on the 2009 
GSP Annual Product Review that include the name, address, telephone, 
fax, e-mail address and organization of witnesses for accepted product 
petitions.
    November 17, 2009--Due date for submission of new petitions to 
grant waivers to CNLs for products exceeding the competitive need 
limitations (CNLs) in 2009 and for determinations of products not 
produced in the United States as of January 1, 1995.
    November 19, 2009--GSP Subcommittee Public Hearing on all product 
petitions accepted for the 2009 GSP Annual Product Review in Rooms 1 
and 2, 1724 F St., NW., Washington, DC 20508, beginning at 9:30 a.m.
    December 3, 2009--Due date for submission of product petition post-
hearing briefs.
    February 2010--The USITC is scheduled to publish a public version 
of the report providing advice on the potential impacts on U. S. 
industry and consumers based on the product petitions accepted in the 
2009 GSP Annual Product Review. Comments on the USITC report on these 
products is due 10 calendar days after the date of USITC's publication 
of the public version of the report.
    June 30, 2010--Modifications to the list of articles eligible for 
duty-free treatment under the GSP resulting from the 2009 Annual 
Product Review will be announced on or about June 30, 2010, in the 
Federal Register, and any changes will take effect on the effective 
date announced. Notification of any changes to this date will be given 
in the Federal Register.

SUPPLEMENTARY INFORMATION: The GSP program provides for the duty-free 
importation of designated 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.

Petitions Requesting Modifications of Product Eligibility

    In a Federal Register notice dated May 28, 2009, USTR announced 
that the deadline for the filing of product petitions, other than those 
requesting waivers of ``competitive need limitations'' (CNLs), country 
practice petitions for the 2009 GSP Annual Review was June 24, 2009 (74 
FR 25605). The deadline for the filing of product petitions requesting 
waivers of the CNLs and determinations that any eligible products were 
not produced in the United States as of January 1, 1995, was announced 
to be November 17, 2009.
    The petitions that were received requested 164 modifications in the 
list of GSP-eligible products by adding new products for eligibility 
from all GSP beneficiaries, by removing products from eligibility when 
imported from specific GSP-eligible countries, or other changes. The 
interagency GSP Subcommittee of the Trade Policy Staff Committee (TPSC) 
has reviewed the product petitions, and the TPSC has decided to accept 
for review the product petitions listed in ``List of Petitions Accepted 
in the 2009 GSP Annual Product Review'' posted on the USTR Web site and 
available on Regulations.gov docket number USTR-2009-0036. That list 
sets forth, for each type of change requested: the case number, the 
Harmonized Tariff Schedule of the United States (HTS) subheading 
number, a brief description of the product (see the HTS for an 
authoritative description available on the U.S. International Trade 
Commission Web site http://www.usitc.gov/tata/hts/), and the petitioner 
for each petition included in this review. 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.
    The GSP Subcommittee of the TPSC invites testimony at the public 
hearing, based on receipt of requests to testify, and comments in 
support of or in opposition to any petition which has been accepted 
thus far for the 2009 GSP Annual Product Review. 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 Petitions Accepted in the 2009 GSP Product Annual Review'' 
available at: http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preference-gsp/current-review-1 
[2009 Annual Review].

Requirements for Submissions

    Submissions in response to this notice (including requests to 
testify, written comments, and pre-hearing and post-hearing briefs), 
with the exception of business confidential submissions, must be 
submitted electronically by 5 p.m.,

[[Page 54620]]

Tuesday, November 6, 2009, or by 5 p.m., Thursday, December 3, 2009 
(post hearing briefs only) using http://www.regulations.gov, docket 
number USTR-2009-0036. Instructions for submitting 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-2009-0036 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 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)

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. 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. The submitter must provide a written explanation 
of why the information should be protected in accordance with 15 CFR 
2007.7(b). 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. A copy of the public version will be 
posted on Regulations.gov.

Notice of Public Hearing

    A hearing will be held by the GSP Subcommittee of the TPSC on 
Thursday, November 19, 2009, for product petitions accepted for the 
2009 GSP Annual Review (i.e., for product petitions other than those 
requesting CNL waivers) beginning at 9:30 a.m. at the Office of the 
U.S. Trade Representative, Rooms 1 and 2, 1724 F St., NW., Washington, 
DC 20508. The hearing will be open to the public, and a transcript of 
the hearing will be made available for public inspection or can be 
purchased from the reporting company. No electronic media coverage will 
be allowed.
    All interested parties wishing to make an oral presentation at the 
hearing must submit, following the above ``Requirements for 
Submissions'', the name, address, telephone number, facsimile number, 
and e-mail address (if available), of the witness(es) representing 
their organization to Marideth Sandler, Executive Director of the GSP 
Program by 5 p.m., Friday, November 6, 2009. Requests to present oral 
testimony in connection with the public hearing must be accompanied by 
a written brief or statement, in English, and also must be received by 
5 p.m., Friday, November 6, 2009. Oral testimony before the GSP 
Subcommittee will be limited to five-minute presentations that 
summarize or supplement information contained in briefs or statements 
submitted for the record. Post-hearing briefs or statements will be 
accepted if they conform with the regulations cited above and are 
submitted, in English, by 5 p.m., Thursday, December 3, 2009, following 
the ``Requirements for Submissions'' above. Parties not wishing to 
appear at the public hearing may submit pre-hearing briefs or 
statements, in English, by 5 p.m., November 6, 2009, and post-hearing 
written briefs or statements, in English, by 5 p.m., December 3, 2009, 
also in accordance with the ``Requirements for Submissions'' above.

Receipt of Advice From the USITC

    With respect to petitions to add or remove articles from the ``List 
of Product Petitions Accepted in the 2009 GSP Annual Review,'' and 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 of such additions or 
removals on U.S. industries producing like or directly competitive 
articles and on consumers. Comments by interested persons on the USITC 
Report prepared as part of the product review other than those 
requesting CNL waivers should be submitted by 5 p.m., 10 calendar days 
after the date of USITC publication of the public version of its 
report.

Marideth J. Sandler,
Executive Director, Generalized System of Preferences (GSP) Program, 
Office of the U.S. Trade Representative.
[FR Doc. E9-25459 Filed 10-21-09; 8:45 am]
BILLING CODE 3190-W0-P