[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Pages 80707-80708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27542]



Generalized System of Preferences: Import Statistics Relating to 
Competitive Need Limitations

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.


SUMMARY: This notice is to inform the public of the availability of 
import statistics for the first nine months of 2016 relating to 
competitive need limitations (CNLs) under the Generalized System of 
Preferences (GSP) program. These import statistics identify some 
articles for which the 2016 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 

FOR FURTHER INFORMATION CONTACT: Naomi Freeman at (202) 395-2974 or 
[email protected].


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 as amended, 19 U.S.C. 
2461, et seq., (1974 Act), and is implemented in accordance with 
Executive Order 11888 of November 24, 1975, as modified by subsequent 
Executive Orders and Presidential Proclamations.
    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 ($175 million for 2016), 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 (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 
2016 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 ($23 million for 2016).

II. Implementation of Competitive Need Limitations

    Exclusions from GSP duty-free treatment where CNLs have been 
exceeded will be effective July 1, 2017, unless the President grants a 
waiver before the exclusion goes into effect. Exclusions for exceeding 
a CNL will be based on full 2016 calendar-year import statistics.

III. Interim 2016 Import Statistics

    In order to provide advance notice of articles that may exceed the 
CNLs for 2016, the Office of the U.S. Trade Representative has compiled 
interim import statistics for the first nine months of 2016 relating to 
CNLs. This information can be viewed at: https://ustr.gov/issue-areas/preference-programs/generalized-system-preferences-gsp/current-reviews/gsp-20162017.
    Full calendar-year 2016 data for individual tariff subheadings will 
be available in February 2017 on the Web site of the U.S. International 
Trade Commission at http://dataweb.usitc.gov.
    The interim 2016 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 2016, 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 2016 data, exceed $110 million dollars, or 
an amount greater than 42 percent of

[[Page 80708]]

the total value of U.S. imports of that product. In all, the following 
11 products met the criteria to be placed on the list:

1. 0410.00.00--Other edible products of animal origin (Indonesia)
2. 0714.90.10--Fresh or chilled dasheens, whether or not sliced or in 
the form of pellets (Ecuador)
3. 1104.29.90--Grains of cereals other than barley, oats or corn, 
hulled, pearled, clipped, sliced, kibbled or otherwise worked, but not 
rolled or flaked (Turkey)
4. 2909.19.18--Ethers of acyclic monohydric alcohols & derivatives, not 
elsewhere specified (Brazil)
5. 2933.99.22--Other heterocyclic aromatic or modified aromatic 
pesticides with nitrogen hereo-atom(s) only, not elsewhere specified 
6. 4011.20.10--New pneumatic radial tires, of rubber, of a kind used on 
buses or trucks (Indonesia)
7. 4409.10.05--Coniferous wood continuously shaped along any of its 
ends, whether or not also continuously shaped along any of its edges or 
faces (Brazil)
8. 6801.00.00--Setts, curbstones and flagstones, of natural stone 
(except slate) (Turkey)
9. 6802.99.00--Monumental or building stone & arts. thereof, not 
elsewhere specified, further worked than simply cut/sawn (Brazil)
10. 8525.80.30--Television cameras, not elsewhere specified (Thailand)
11. 9001.50.00--Spectacle lenses of materials other than glass, 
unmounted (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 
2016 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 2016 import data for each GSP-eligible article. Each 
interested party is advised to conduct its own review of 2016 import 
data with regard to the possible application of GSP CNLs. Please see 
the notice announcing the 2016 GSP Review which was published in the 
Federal Register on August 25, 2016 (81 FR 58547), regarding submission 
of product petitions requesting a waiver of a CNL. The notice and 
comments are available at https://www.regulations.gov/docket?D=USTR-2016-0009.

Erland Herfindahl,
Deputy Assistant U.S. Trade Representative for the GSP Program, 
Chairman, GSP Subcommittee of the Trade Policy Staff Committee, Office 
of the U.S. Trade Representative.
[FR Doc. 2016-27542 Filed 11-15-16; 8:45 am]