[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71913-71914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29233]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Generalized System of Preferences (GSP): Import Statistics 
Relating to Competitive Need Limitations (CNLs) and Extension of 
Deadline for Filing Petitions for 2015 CNLs Waivers

AGENCY: Office of the United States Trade Representative.

ACTION: Notice and related extension of deadline.

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SUMMARY: This notice is to inform the public of the availability of 
import statistics for the first nine months of 2015 relating to 
competitive need limitations (CNLs) under the Generalized System of 
Preferences (GSP) program. These import statistics identify some 
articles for which the 2015 trade levels may exceed statutory CNLs. 
Interested parties may find this information useful in deciding whether 
to submit a petition to waive the CNLs for individual beneficiary 
developing countries (BDCs) with respect to specific GSP-eligible 
articles. This notice also extends the deadline for submission of 
petitions to waive CNLs for individual BDCs with respect to GSP-
eligible articles to 5 p.m., Friday, December 4, 2015.

FOR FURTHER INFORMATION CONTACT: Aimee Larsen, Director for GSP, Office 
of the United States Trade Representative, 600 17th Street NW., 
Washington, DC 20508. The telephone number is (202) 395-2974 and the 
email address is [email protected].

SUPPLEMENTARY INFORMATION:

I. Competitive Need Limitations

    The GSP program provides for the duty-free importation of 
designated articles when imported from designated 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''), and is implemented in accordance 
with Executive Order 11888 of November 24, 1975, as modified by 
subsequent Executive Orders and Presidential Proclamations.

[[Page 71914]]

    Section 503(c)(2)(A) of the 1974 Act sets out the two different 
measures for CNLs. When the President determines that a BDC has 
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 ($170 million for 2015), or (2) a 
quantity of a GSP-eligible article having 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 the President grants a waiver 
before the exclusion goes into effect. CNLs do not apply to least-
developed countries or beneficiaries of the African Growth and 
Opportunity Act.
    Any interested party may submit a petition seeking a waiver of the 
2015 CNL for individual beneficiary developing countries with respect 
to specific GSP-eligible articles. In addition, 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 ($22.5 million for 2015).

II. Implementation of Competitive Need Limitations

    Exclusions from GSP duty-free treatment where CNLs have been 
exceeded will be effective July 1, 2016, unless the President grants a 
waiver before the exclusion goes into effect. Exclusions for exceeding 
a CNL will be based on full 2015 calendar-year import statistics.

III. Interim 2015 Import Statistics

    In order to provide advance notice of articles that may exceed the 
CNLs for 2015, the Office of the U.S. Trade Representative has compiled 
interim import statistics for the first nine months of 2015 relating to 
CNLs. This information can be viewed at: https://ustr.gov/issue-areas/preference-programs/generalized-system-preferences-gsp/current-reviews/gsp-2015-annual.
    Full calendar-year 2015 data for individual tariff subheadings will 
be available in February 2016 on the Web site of the U.S. International 
Trade Commission at http://dataweb.usitc.gov/ gov/.
    The interim 2015 import statistics are organized to show, for each 
article, the Harmonized Tariff Schedule of the United States (HTSUS) 
subheading and BDC of origin, the value of imports of the article from 
the specified country for the first nine months of 2015, and the 
corresponding share of total imports of that article from all 
countries. The list includes the GSP-eligible articles from BDCs that, 
based on interim, nine-month 2015 data, exceed $110 million dollars, or 
an amount greater than 42 percent of the total value of U.S. imports of 
that product. In all, the following 19 products met the criteria to be 
placed on the list:

 0410.00.00--Other edible products of animal origin (Indonesia)
 0804.10.60--Pitted dates (Tunisia)
 1102.90.25- Rice flour (Thailand)
 1509.10.40--Virgin olive oil (Tunisia)
 2102.20.60--Single-cell micro-organisms, dead, excluding 
yeasts (Brazil)
 2202.90.90--Other nonalcoholic beverages (Thailand)
 2804.29.00--Rare gases, other than argon (Ukraine)
 2934.99.47--Nonaromatic drugs of other heterocyclic compounds 
(India)
 3917.31.00--Flexible plastic tubes, pipes, and hoses (Brazil)
 4202.92.04--Insulated beverage bag w/o surface textiles 
(Philippines)
 4409.10.05--Coniferous wood continuously shaped along any of 
its ends (Brazil)
 6911.10.37--Porcelain or non-bone china, household table & 
kitchenware sets (Indonesia)
 7307.21.50--Stainless steel, not cast, flanges for tubes/pipes 
(India)
 7307.91.50--Iron or steel (o/than stainless), not cast, 
flanges for tubes/pipes (India)
 7325.91.00--Iron or steel, cast grinding balls and similar 
articles for mills (India)
 8525.80.30--Other television cameras (Thailand)
 8544.19.00--Insulated (including enameled or anodized) winding 
wire (Venezuela)
 8708.50.95--Parts & accessories of motor vehicles, half shafts 
(India)
 9001.50.00--Spectacle lenses of materials other than glass 
(Thailand)
    The list published on the USTR Web site includes the relevant nine-
month trade statistics for each of these products and is provided as a 
courtesy for informational purposes only. The list is based on interim 
2015 trade data, and may not include all articles that may be affected 
by the GSP CNLs. Regardless of whether or not an article is included on 
the list referenced in this notice, all determinations and decisions 
regarding application of the CNLs of the GSP program will be based on 
full calendar-year 2015 import data for each GSP-eligible article. Each 
interested party is advised to conduct its own review of 2015 import 
data with regard to the possible application of GSP CNLs. Please see 
the notice announcing the 2015 GSP Review which was published in the 
Federal Register on August 19, 2015, regarding submission of product 
petitions requesting a waiver of a CNL. The notice is available at 
http://www.regulations.gov/#!documentDetail;D=USTR-2015-0013-0001.

William D. Jackson,
Deputy Assistant U.S. Trade Representative for the GSP Program, 
Chairman, GSP Subcommittee of the Trade Policy Staff Committee.
[FR Doc. 2015-29233 Filed 11-16-15; 8:45 am]
BILLING CODE 3290-F6-P