[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Notices]
[Pages 16908-16910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06229]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
2012 Generalized System of Preferences (GSP) Product Review:
Inviting Public Comments on Possible Actions Related to Competitive
Need Limitations
AGENCY: Office of the United States Trade Representative.
ACTION: Notice and solicitation of comments.
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SUMMARY: This notice announces the availability of full 2012 calendar
year import statistics relating to competitive need limitations (CNLs)
under the Generalized System of Preferences (GSP) program. The Office
of the United States Trade Representative (USTR) will accept public
comments submitted by April 12, 2013, regarding: (1) Possible de
minimis CNL waivers; (2) possible redesignations of articles currently
not eligible for GSP benefits because they previously exceeded the CNL
thresholds; and (3) potential revocation of CNL waivers.
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) 395-9674, and the email address is [email protected].
DATES: Public comments are due by 5:00 p.m., Friday, April 12, 2012.
SUPPLEMENTARY INFORMATION:
I. Statutory Provisions Related to CNLs
The GSP program provides for the duty-free importation of
designated articles when imported from designated beneficiary
developing countries (BDCs). 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'').
Section 503(c)(2)(A) of the 1974 Act sets out the two CNLs. When
the President determines that a BDC exported to the United States
during a calendar year either: (1) A quantity of a GSP-eligible article
having a value in excess of the applicable amount for that year ($155
million for 2012), or (2) a quantity of a GSP-eligible article having
[[Page 16909]]
a value equal to or greater than 50 percent of the value of total U.S.
imports of the article from all countries (the ``50 percent'' CNL), the
President must terminate GSP duty-free treatment for that article from
that BDC by no later than July 1 of the next calendar year, unless a
waiver is granted. As announced in a December 28, 2012, Federal
Register notice (FRN), petitions for CNL waivers are being considered
under a separate timeline than that of the actions on CNLs set forth in
this FRN.
De minimis waivers: Under section 503(c)(2)(F) of the 1974 Act, the
President may waive the 50 percent CNL with respect to an eligible
article imported from a BDC if the value of total imports of that
article from all countries during the calendar year did not exceed the
applicable de minimis amount for that year ($21 million for 2012).
Redesignations: Under section 503(c)(2)(C) of the 1974 Act, if
imports of an eligible article from a BDC ceased to receive duty-free
treatment due to exceeding a CNL in a prior year, the President may,
subject to the considerations in sections 501 and 502 of the 1974 Act,
redesignate such an article for duty-free treatment if imports in the
most recently completed calendar year did not exceed the CNLs.
CNL waiver revocation: Under Section 503(d)(5) of the 1974 Act, a
CNL waiver remains in effect until the President determines that it is
no longer warranted due to changed circumstances. Section
503(d)(4)(B)(ii) of the 1974 Act, as amended by Public Law 109-432,
also provides that, ``[n]ot later than July 1 of each year, the
President should revoke any waiver that has then been in effect with
respect to an article for five years or more if the beneficiary
developing country has exported to the United States (directly or
indirectly) during the preceding calendar year a quantity of the
article--(I) having an appraised value in excess of 1.5 times the
applicable amount set forth in subsection (c)(2)(A)(ii) for that
calendar year ($232.5 million in 2012); or (II) exceeding 75 percent of
the appraised value of the total imports of that article into the
United States during that calendar year.''
Exclusions from GSP duty-free treatment where CNLs have been
exceeded will be effective July 1, 2013, unless granted a waiver by the
President. Any CNL-based exclusions, CNL waiver revocations, and
decisions with respect to de minimis waivers and redesignations will be
based on full 2012 calendar year import data.
II. 2012 Import Statistics
In order to provide notice of articles that have exceeded the CNLs
for 2012 and to afford an opportunity for comment regarding (1)
potential de minimis waivers, (2) redesignations, and (3) the potential
revocation of waivers for articles exceeding the CNL waiver thresholds
for 2012, USTR has posted product lists on the USTR Web site at http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preferences-gsp/current-review under the title
``2012 GSP Annual Product Review: Import Statistics Relating to
Competitive Need Limitations, Potential Revocations, De Minimis
Waivers, and Product Redesignations.'' These lists can also be found at
www.regulations.gov in Docket Number USTR-2012-0013. Full 2012 calendar
year data for individual tariff subheadings may also be viewed on the
Web site of the U.S. International Trade Commission at http://dataweb.usitc.gov.
The lists available on the USTR Web site contain, for each article,
the Harmonized Tariff Schedule of the United States (HTSUS) subheading
and BDC country of origin, the value of imports of the article for the
2012 calendar year, and the percentage of total imports of that article
from all countries.
The lists published on the USTR Web site are for informational
purposes only. They may not include all articles to which the GSP CNLs
may apply. All determinations and decisions regarding the CNLs of the
GSP program will be based on full 2012 calendar year import data with
respect to each GSP-eligible article. Each interested party is advised
to conduct its own review of 2012 import data with respect to the
possible application of the GSP CNL provisions.
List I on the USTR Web site shows GSP-eligible articles from BDCs
that exceeded a CNL by having been exported in excess of $155 million,
or in a quantity equal to or greater than 50 percent of the total U.S.
import value, in 2012. These products will be removed from eligibility
for GSP for the subject countries on July 1, 2013, unless the President
grants a waiver for the product for the subject country in response to
a petition filed by an interested party. Such petitions for CNL waivers
must have been previously submitted in the 2012 GSP Annual Review. (See
77 FR 44704 and 77 FR 76594.) The last column in List I shows those
products for which petitions have been accepted and are now under
review.
List II identifies GSP-eligible articles from BDCs that are above
the 50 percent CNL, but that are eligible for a de minimis waiver of
the 50 percent CNL. Articles eligible for de minimis waivers are
automatically considered in the GSP annual review process, without the
filing of a petition. Public comments (including comments in support of
or in opposition to de minimis waivers) are invited in accordance with
the Requirements for Submissions set out below.
List III shows GSP-eligible articles from certain BDCs that are
currently not receiving GSP duty-free treatment, but that may be
considered for GSP redesignation based on 2012 trade data and
consideration of certain statutory factors. Recommendations to the
President on redesignations are normally made as part of the GSP annual
review process, and public comments (including comments in support of
or in opposition to redesignations) are invited in accordance with the
Requirements for Submissions below.
List IV shows articles subject to CNL waiver revocation based on
the provisions of Section 503(d)(4)(B)(ii) of the 1974 Act, as amended
by Public Law 109-432. Recommendations to the President on revocation
of these waivers will be made as part of the 2012 GSP annual review
process, and public comments (including comments in support of or in
opposition to revocations of CNL waivers) are invited in accordance
with the Requirements for Submissions below.
III. Public Comments
Requirements for Submissions
Written comments submitted in response to this notice must be
submitted electronically by 5:00 p.m., Friday, April 12, 2013 using
www.regulations.gov, docket number USTR-2012-0013. Instructions for
submitting business confidential versions are provided below. Hand-
delivered submissions will not be accepted. Comments must be submitted
in English to the Chairman of the GSP Subcommittee of the Trade Policy
Staff Committee. All submissions for the GSP Annual 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://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preference-gsp/gsp-program-inf. Any person or party
making a submission is strongly advised to review the GSP regulations
as well as the GSP Guidebook, which is available at the same link.
[[Page 16910]]
To make a submission using www.regulations.gov, enter the docket
number in the ``Search for'' field on the home page and click
``Search.'' The site will provide a search-results page listing all
documents associated with this docket number. Find a reference to this
notice by selecting ``Notice'' under ``Document Type'' in the ``Filter
Results by'' section on the left side of the screen and click on the
link entitled ``Comment Now.'' The www.regulations.gov Web site offers
the option of providing comments by filling in a ``Type Comment'' field
or by attaching a document using the ``Upload file(s)'' field. The GSP
Subcommittee prefers that submissions be provided in an attached
document. At the beginning of the submission, or on the first page (if
an attachment), please note that the submission is in response to this
notice and provides comments on the product(s) described in the notice.
Submissions should not 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 www.regulations.gov. The
tracking number will be the submitter's confirmation that the comments
were received into www.regulations.gov. The confirmation 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 at
USTR to arrange for an alternative method of transmission.
Business Confidential Submissions
An interested party requesting that information contained in a
submission be treated as business confidential information must certify
that such information is business confidential and would not
customarily 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'' field. For any submission containing business confidential
information, a non-confidential version must be submitted separately
(i.e., not as part of the same submission with the confidential
version), indicating where confidential information has been redacted.
The non-confidential version will be placed in the docket and open to
public inspection.
Submissions in response to this notice, except for information
granted ``business confidential'' status under 15 CFR 2003.6, will be
available for public viewing pursuant to 15 CFR 2007.6 at http://www.regulations.gov upon completion of processing, usually within two
weeks of the relevant due date. Such submissions may be viewed by
entering the country-specific docket number in the search field at:
http://www.regulations.gov.
William D. Jackson,
Deputy Assistant U.S. Trade Representative for the Generalized System
of Preferences, Office of the U.S. Trade Representative.
[FR Doc. 2013-06229 Filed 3-18-13; 8:45 am]
BILLING CODE 3190-F3-P