[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67530-67531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28248]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Generalized System of Preferences (GSP): Notice of Actions 
Arising Out of the 2010 Annual GSP Review

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of a petition accepted for review; and request for 
comments.

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SUMMARY: In September 2010, the Office of the United States Trade 
Representative (USTR) accepted petitions in connection with the 2010 
GSP Annual Review to modify the GSP status of certain GSP beneficiary 
developing countries because of country practices. In November 2010, 
USTR accepted petitions requesting waivers of GSP competitive need 
limitations (CNLs). On January 1, 2011, authorization of the GSP 
program lapsed. Following the recent reauthorization of the GSP 
program, the GSP Subcommittee of the Trade Policy Staff Committee 
(TPSC) announces that it has accepted for review a country practices 
petition submitted for the 2010 GSP Annual Review regarding the 
Republic of Georgia. This notice sets forth the schedule for submitting 
comments and conducting the public hearing on the newly accepted 
petition, requesting to participate in the hearing, and submitting pre-
hearing and post-hearing briefs. The deadline for submitting pre-
hearing comments and requesting participation in the hearing is 5 p.m., 
January 10, 2012. The petition can be found in docket USTR-2010-0017 at 
http://www.regulations.gov.
    This notice also announces that in view of the lapse in 
authorization of the GSP program through much of 2011, there will be no 
actions taken in 2011 with respect to CNLs, including no CNL-related 
removals of products from GSP eligibility and no redesignations of 
products currently subject to CNLs. Petitions previously accepted that 
requested waivers of CNL-related exclusions based on 2010 trade data 
are hereby dismissed.

FOR FURTHER INFORMATION CONTACT: Tameka Cooper, GSP Program, Office of 
the United States Trade Representative, 600 17th Street NW., Room 422, 
Washington, DC 20508. The telephone number is (202) 395-6971, the fax 
number is (202) 395-2961, and the Email 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 review of country practices 
petitions accepted pursuant to the 2010 Annual Review is provided 
below. Notification of any changes to this schedule will be given in 
the Federal Register.
    January 10, 2012: Due date for submission of pre-hearing briefs and 
requests to appear at the GSP Subcommittee Public Hearing.
    January 24, 2012: GSP Subcommittee Public Hearing on the country 
practice petition accepted for the 2010 GSP Annual Review, to be held 
at 1724 F Street NW., Washington, DC 20508, beginning at 9:30 a.m.
    February 14, 2012: Due date for submission of post-hearing briefs.

SUPPLEMENTARY INFORMATION: The GSP provides for the duty-free 
importation of designated articles when imported from designated 
beneficiary developing countries. The GSP 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 for Review Regarding Country Practices

    Pursuant to 15 CFR 2007.0(b), the GSP Subcommittee of the TPSC has 
recommended, and the TPSC has accepted, the review of one country 
practice petition submitted for the 2010 GSP Annual Review. The 
petition accepted is a Worker Rights petition regarding the Republic of 
Georgia filed by the AFL-CIO. This is the only country practice 
petition accepted as part of the 2010 GSP Annual Review.

Opportunities for Public Comment and Inspection of Comments

    The GSP Subcommittee of the TPSC invites comments in support of or 
in opposition to the petition described above. Submissions should 
comply with 15 CFR part 2007, except as modified below. All submissions 
should reference case number 001-CP-10.

Requirements for Submissions

    All submissions for the 2010 GSP Country Practices Eligibility 
Review must conform to the GSP regulations set forth at 15 CFR part 
2007, except as modified below. These regulations are available on the 
USTR Web site at http:[sol][sol]www.ustr.gov/trade-topics/trade-
development/preference-programs/generalized-system-preference-gsp/gsp-
program-inf.
    To ensure their timely and expeditious receipt and consideration, 
2010 GSP Annual Review submissions in response to this notice must be 
submitted online at http:[sol][sol]www.regulations.gov, under docket 
number USTR-2010-0017. Hand-delivered submissions will not be accepted. 
Submissions must be submitted in English by the applicable deadlines 
set forth in this notice.
    To make a submission using http:[sol][sol]www.regulations.gov, 
enter docket number USTR-2010-0017 on the home page and click 
``search.'' The site will list all documents associated with this 
docket. Find a 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.'' The 
http:[sol][sol]www.regulations.gov Web site offers the option of 
providing comments by filling in the ``Type Comment and Upload File'' 
field or by attaching a document. Given the detailed nature of the 
information sought by the GSP Subcommittee, it is preferred that 
comments and submissions be provided in an attached document. When 
attaching a document, type: (1) 2010 GSP Annual Review (2) The Country 
and subject area of the petition (3) ``See attached'' in the ``Type 
Comment and Upload File'' field on the online submission form, and 
indicate on the attachment whether the document is, as appropriate, 
``Written Comments,'' ``Notice of Intent to Testify,'' ``Pre-hearing 
brief'' or a ``Post hearing brief.'' 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.
    Each submitter will receive a submission tracking number upon 
completion of the submissions procedure at 
http:[sol][sol]www.regulations.gov. The tracking number will be the 
submitter's confirmation that the submission was received, and it 
should be kept for the submitter's records. USTR is not able to provide 
technical assistance for the Web site. Documents not submitted in 
accordance with these instructions may not be considered in this 
review. If unable to provide submissions as requested, please contact 
the GSP Program to arrange for an alternative method of transmission.

Business Confidential Comments

    A person requesting that information contained in a submission 
submitted by that person be treated as confidential business 
information must certify that such information is business confidential 
and would not customarily

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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'' must 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 
version will be placed in the docket and open to public inspection.

Notice of Public Hearing

    A hearing will be held by the GSP Subcommittee of the TPSC on 
Tuesday, January 24, 2012 for the country practice petition described 
above beginning at 9:30 a.m. at 1724 F Street 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 
(recording devices) 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, and facsimile 
number and email address, if available, of the witness(es) representing 
their organization to William D. Jackson, Deputy Assistant U.S. Trade 
Representative for GSP, by 5 p.m., January 10, 2012. Requests to 
present oral testimony must be accompanied by a written brief or 
statement, in English. 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., 
February 14, 2012. Parties not wishing to appear at the public hearing 
may submit pre-hearing briefs or statements, in English, by 5 p.m., 
January 10, 2012, and post-hearing written briefs or statements, in 
English, by 5 p.m., February 14, 2012.

Cancellation of the 2010 Review of CNL Waiver Petitions

    The statute governing the GSP program, 19 U.S.C. 2463(c)(2), 
provides that the President shall, not later than July 1 of the next 
calendar year, terminate the duty-free treatment for articles from GSP 
beneficiary countries that exceed the statutory competitive need 
limitations for the preceding year. In view of the lapse in the 
authorization of the GSP program from January 1, 2011 to November 5, 
2011, a review of products subject to CNLs based on calendar year 2010 
trade data and petitions seeking waivers of CNLs based on calendar year 
2010 trade data could not be completed prior to the statutory deadline. 
Therefore, no CNL-related actions will be taken in 2011, including no 
CNL-related removals of GSP-eligible products based on 2010 trade and 
no redesignations of GSP-eligible products currently subject to CNL 
exclusions for specific GSP beneficiary countries. Petitions for CNL 
waivers that were accepted in December 2010 are dismissed.
    The schedule for petitions seeking waivers of CNLs based on 
calendar year 2011 trade data is set forth in a separate Federal 
Register notice announcing the 2011 GSP Annual Review.

William D. Jackson,
Deputy Assistant U.S. Trade Representative for the Generalized System 
of Preferences, Office of the U.S. Trade Representative.
[FR Doc. 2011-28248 Filed 10-31-11; 8:45 am]
BILLING CODE 3190-W2-P