[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Notices]
[Pages 5205-5207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01389]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-538]


Advice Concerning Possible Modifications to the U.S. Generalized 
System of Preferences, 2012 Review: Additions and Competitive Need 
Limitation Waivers; Institution of Investigation and Scheduling of 
Hearing

AGENCY: United States International Trade Commission.

[[Page 5206]]


ACTION: Notice of institution of investigation and scheduling of public 
hearing.

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SUMMARY: Following receipt of a request on January 8, 2013, from the 
United States Trade Representative (USTR), the U.S. International Trade 
Commission (Commission) instituted investigation No. 332-538, Advice 
Concerning Possible Modifications to the U.S. Generalized System of 
Preferences, 2012 Review: Additions and Competitive Need Limitation 
Waivers, for the purpose of providing advice as to the probable 
economic effect of the addition of certain products to the list of 
items eligible for duty-free treatment under the U.S. GSP program and 
providing certain advice regarding the effect of a waiver of the 
competitive need limitations under the program for certain countries 
and articles.

DATES: February 11, 2013: Deadline for filing requests to appear at the 
public hearing.
    February 13, 2013: Deadline for filing pre-hearing briefs and 
statements.
    February 27, 2013: Public hearing.
    March 4, 2013: Deadline for filing post-hearing briefs and 
statements.
    March 4, 2013: Deadline for filing all other written submissions.
    April 8, 2013: Transmittal of Commission report to the United 
States Trade Representative.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Information specific to this 
investigation may be obtained from Alberto Goetzl, Project Leader, 
Office of Industries (202-205-3323 or [email protected]), 
Katherine Baldwin, Deputy Project Leader, Office of Industries (202-
205-3396 or [email protected]), or Cynthia B. Foreso, 
Technical Advisor, Office of Industries (202-205-3348 or 
[email protected]). For information on the legal aspects of this 
investigation, contact William Gearhart of the Commission's Office of 
the General Counsel (202-205-3091 or [email protected]). The 
media should contact Margaret O'Laughlin, Office of External Relations 
(202-205-1819 or [email protected]). Hearing-impaired 
individuals may obtain information on this matter by contacting the 
Commission's TDD terminal at 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its Web 
site (http://www.usitc.gov). Persons with mobility impairments who will 
need special assistance in gaining access to the Commission should 
contact the Office of the Secretary at 202-205-2000.
    Background: In accordance with sections 503(a)(1)(A), 503(e), and 
131(a) of the Trade Act of 1974, and pursuant to the authority of the 
President delegated to the USTR by sections 4(c) and 8(c) and (d) of 
Executive Order 11846 of March 31, 1975, as amended, and pursuant to 
section 332(g) of the Tariff Act of 1930, the USTR has requested that 
the Commission provide advice as to the probable economic effect on 
U.S. industries producing like or directly competitive articles, on 
U.S. imports, and on U.S. consumers of the elimination of U.S. import 
duties on the following articles for all beneficiary developing 
countries under the GSP program: sweetheart, spray and other roses, 
fresh cut (HTS 0603.11.00 or 0603.11.0010, 0603.11.0030, 0603.11.0060); 
vegetables nesi, uncooked or cooked by steaming or boiling in water, 
frozen, reduced in size or the 3 existing 10-digit lines for broccoli 
(HTS 0710.80.97 or 0710.80.9722, 0710.80.9724, 0710.80.9726); 
artichokes, prepared or preserved otherwise than by vinegar or acetic 
acid, not frozen (HTS 2005.99.80); refined copper, wire, w/maximum 
cross-sectional dimension of 6 mm or less (HTS 7408.19.0030).
    The USTR has also requested, under authority delegated by the 
President, pursuant to section 332(g) of the Tariff Act of 1930, and in 
accordance with section 503(d)(1)(A) of the Trade Act of 1974, that the 
Commission provide advice on whether any industry in the United States 
is likely to be adversely affected by a waiver of the competitive need 
limitation specified in section 503(c)(2)(A) of the Trade Act of 1974 
for the following countries and HTS subheadings (articles): Indonesia 
for HTS 0410.00.00 (edible products of animal origin, not elsewhere 
specified or included); Thailand for HTS 0603.13.00 (orchids: cut 
flowers and flower buds of a kind suitable for bouquets or for 
ornamental purposes, fresh, dried, dyed, bleached, impregnated or 
otherwise prepared); Thailand for HTS 1102.90.25 (rice flour); Thailand 
for HTS 2106.90.99 (food preparations not elsewhere specified or 
included, not canned or frozen); Indonesia for HTS 6911.10.37 
(porcelain or china (o/than bone china) household table and kitchenware 
in sets in which aggregate value of arts./US note 6(b) o/$56 n/o $200); 
Russia for HTS 7202.21.50 (ferrosilicon containing by weight more than 
55% but not more than 80% of silicon, nesoi); Georgia for HTS 
7202.30.00 (ferrosilicon manganese); Brazil for HTS 7202.99.20 (calcium 
silicon ferroalloys); India for HTS 7307.21.50 (stainless steel, not 
cast, flanges for tubes/pipes, not forged or forged and machined, 
tooled and otherwise processed after forging); India for HTS 7307.91.50 
(iron or steel (o/than stainless), not cast, flanges for tubes/pipes, 
not forged or forged and machined, tooled and processed after forging); 
Thailand for HTS 7408.29.10 (copper wire, coated or plated with metal); 
and Thailand for HTS 9506.70.40 (ice skates w/footwear permanently 
attached).
    With respect to the waiver of the competitive need limitation, the 
USTR also requested that the Commission provide its advice with respect 
to whether like or directly competitive products were being produced in 
the United States on January 1, 1995; that the Commission provide its 
advice as to the probable economic effect on total U.S. imports, as 
well as on consumers, of the requested waivers; and, with respect to 
the competitive need limit in section 503(c)(2(A)(i)(I) of the Trade 
Act of 1974, that the Commission use the dollar value limit of 
$155,000,000.
    As requested by USTR, the Commission will provide its advice by 
April 8, 2013. The USTR indicated that those sections of the 
Commission's report and related working papers that contain the 
Commission's advice will be classified as ``confidential,'' and that 
USTR considers the Commission's report to be an inter-agency memorandum 
that will contain pre-decisional advice and be subject to the 
deliberative process privilege.
    Public Hearing: A public hearing in connection with this 
investigation will be held at the U.S. International Trade Commission 
Building, 500 E Street SW., Washington, DC, beginning at 9:30 a.m. on 
February 27, 2013. Requests to appear at the public hearing should be 
filed with the Secretary, no later than 5:15 p.m., February 11, 2013, 
in accordance with the requirements in the ``Submissions'' section 
below. All pre-hearing briefs and statements should be filed not later 
than 5:15 p.m., February 13, 2013; and all post-hearing briefs and 
statements should be filed not later than 5:15 p.m., March 4, 2013.

[[Page 5207]]

    Written Submissions: In lieu of or in addition to participating in 
the hearing, interested parties are invited to file written submissions 
concerning this investigation. All written submissions should be 
addressed to the Secretary, and should be received not later than 5:15 
p.m., March 4, 2013. All written submissions must conform with the 
provisions of section 201.8 of the Commission's Rules of Practice and 
Procedure (19 CFR 201.8). Section 201.8 and the Commission's Handbook 
on Filing Procedures require that interested parties file documents 
electronically on or before the filing deadline and submit eight (8) 
true paper copies by 12:00 p.m. eastern time on the next business day. 
In the event that confidential treatment of a document is requested, 
interested parties must file, at the same time as the eight paper 
copies, at least four (4) additional true paper copies in which the 
confidential information must be deleted (see the following paragraph 
for further information regarding confidential business information). 
Persons with questions regarding electronic filing should contact the 
Secretary (202-205-2000).
    Any submissions that contain confidential business information must 
also conform with the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
is clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by interested parties. The Commission may include in the 
report it sends to the President and the USTR some or all of the 
confidential business information it receives in this investigation.
    The USTR has asked that the Commission make available a public 
version of its report shortly after it sends its report to the 
President and the USTR, with any classified or privileged information 
deleted. Any confidential business information received in this 
investigation and used in the preparation of the report will not be 
published in the public version of the report in such manner as would 
reveal the operations of the firm supplying the information.

     Issued: January 18, 2013.
    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-01389 Filed 1-23-13; 8:45 am]
BILLING CODE 7020-02-P