[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Notices]
[Page 40822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16201]



[[Page 40822]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Generalized System of Preferences (GSP): Results of the 2012 
Annual GSP Review; Notice of a Country Practice Petition Accepted as 
Part of the 2012 Annual GSP Review

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: This notice announces the results of the 2012 Annual GSP 
Review with respect to: (1) Products considered for addition to the 
list of eligible products for GSP; (2) decisions related to competitive 
need limitations (CNLs), including petitions for waivers of CNLs and 
revocation of previous CNL waivers; (3) redesignations of products 
previously excluded from GSP eligibility for certain countries; and (4) 
petitions to modify the GSP status of certain GSP beneficiary countries 
because of country practices.

FOR FURTHER INFORMATION CONTACT: Tameka Cooper, GSP Program, Office of 
the United States Trade Representative, 600 17th Street NW., 
Washington, DC 20508. The telephone number is (202) 395-6971; the fax 
number is (202) 395-9674, and the email address is [email protected].

SUPPLEMENTARY INFORMATION: The GSP program provides for the duty-free 
treatment of designated articles when imported from 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.

Results of the 2012 Annual GSP Review

    In the 2012 Annual Review, the Trade Policy Staff Committee (TPSC) 
reviewed: (1) Petitions to add four different products to the list of 
those eligible for duty-free treatment under GSP; (2) one petition to 
waive CNLs for a product from a beneficiary country; (3) revocation of 
a CNL waiver for a product from a beneficiary country where 2012 
imports exceeded certain statutory limits; (4) products eligible for de 
minimis waivers of CNLs; (5) redesignation of products previously 
excluded from GSP eligibility for certain beneficiary countries; and 6) 
one country practice petition submitted as part of the 2012 Annual 
Review and several active petitions submitted as part of earlier 
reviews.
    In a Presidential Proclamation dated June 27, 2013, the President 
implemented his decisions regarding GSP product eligibility issues 
arising out of the 2012 Annual GSP Review, including CNL waivers and 
CNL revocations. This notice provides further information on the 
results of the 2012 Annual GSP Review, including the disposition of 
country practice petitions. These results, comprising seven lists, are 
available for the public to view at http://www.regulations.gov in 
docket USTR-2012-0013, under ``Supporting and Related Materials'' and 
at http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preferences-gsp/current-review.

Specific Results

    The Administration has decided to defer a decision on the final 
disposition of petitions to add the following products to the list of 
products eligible for duty-free treatment under GSP for all GSP 
beneficiary countries: Sweetheart and spray roses (HTS 0603.11.00), 
certain frozen vegetables (HTS 0710.80.97), and certain preserved 
artichokes (HTS 2005.99.80). The Administration denied the petition to 
make certain refined copper wire (HTS 7408.19.00.30) eligible for duty-
free treatment under the GSP. See List I (Decisions on Petitions to Add 
Products to the List of Eligible Products for GSP).
    The President granted a petition for a waiver of CNLs for calcium 
silicon ferroalloys (HTS 7202.99.20) from Brazil. See List II (Decision 
on Petition to Grant a Waiver of the Competitive Need Limitations). 
Additionally, the President revoked an existing CNL waiver for certain 
pneumatic radial tires (HTS 4011.10.10) from Indonesia, as reflected in 
List III (Decision on Competitive Need Limitation Waiver Revocations).
    Effective July 1, 2013, imports of an article, certain corn (HTS 
1005.90.40), from Brazil are excluded from GSP eligibility because 
imports of that article from Brazil exceeded the CNL in 2012. See List 
IV (Product Newly Subject to Exclusion by Competitive Need Limitation).
    The President granted de minimis waivers to 100 articles that 
exceeded the 50-percent import-share CNL, but for which the aggregate 
value of all U.S. imports of that article was below the 2012 de minimis 
level of $21 million. See List V (Decisions on Products Eligible for De 
Minimis Waivers). The articles for which de minimis waivers were 
granted will continue to be eligible for duty-free treatment under GSP 
when imported from the associated countries.
    No products previously excluded from GSP eligibility for certain 
countries were redesignated as eligible for GSP as a result of the 2012 
Annual Review. See List VI (Decisions on Products Eligible for 
Redesignation).

Country Practice Petitions

    The status of country practice petitions considered in the 2012 GSP 
Annual Review is described in List VII (Active and Pending GSP Country 
Practice Reviews). This list includes petitions accepted as part of 
annual reviews from previous years.
    The USTR has accepted for review one country practice petition 
submitted as part of the 2012 GSP Annual Review: A petition seeking to 
withdraw or suspend GSP benefits for Ecuador on the basis of Ecuador's 
alleged failure to meet the GSP statutory eligibility criterion 
regarding recognition and enforcement of arbitral awards (19 U.S.C. 
2462(b)(2)(E)). The GSP Subcommittee's review of this petition will 
consider whether the withdrawal or suspension of GSP benefits is 
warranted in light of the type, nature, and content of the awards at 
issue, as well as whether Ecuador's actions in response to the awards 
comply with the cited eligibility criterion. The review will not 
consider the details or merits of either the Ecuadorian domestic 
litigation underlying the ongoing arbitral proceedings or the arbitral 
proceedings themselves. A subsequent notice published in the Federal 
Register will announce the schedule for a hearing and receipt of public 
comments, including related filing deadlines, on this newly accepted 
country practice case.
    As determined in the previously-cited Presidential Proclamation 
dated June 27, 2013, the President has suspended Bangladesh's benefits 
under the GSP. This suspension will be effective 60 days after the date 
the proclamation is published in the Federal Register.
    Country practice petitions accepted for review in previous years 
that continue to be under review include: Indonesia, Russia, Ukraine, 
and Uzbekistan regarding intellectual property rights, and Fiji, 
Georgia, Iraq, Niger, the Philippines, and Uzbekistan regarding worker 
rights.

William D. Jackson,
Deputy Assistant U.S. Trade Representative for the Generalized System 
of Preferences and Chair of the GSP Subcommittee of the Trade Policy 
Staff Committee, Office of the U.S. Trade Representative.
[FR Doc. 2013-16201 Filed 7-5-13; 8:45 am]
BILLING CODE 3290-F3-P