[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Notices]
[Pages 31793-31795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14369]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2017-0009]


Results of the 2016/2017 Annual Generalized System of Preferences 
Review and Initiation of a Country Practice Review of Bolivia

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: The Office of the United States Trade Representative (USTR) is 
announcing the results of the 2016/2017 Annual Generalized System of 
Preferences (GSP) Review with respect to: Products considered for 
addition to the list of eligible products for GSP; products considered 
for removal from the list of eligible products for certain beneficiary 
countries; decisions related to competitive need limitations (CNLs), 
including petitions for waivers of CNLs; and requests for re-
designations of products previously excluded from GSP eligibility for 
certain countries. USTR also is announcing the initiation of a country 
practice review regarding child labor in the Plurinational State of 
Bolivia (Bolivia) including the schedule for public comments and a 
public hearing.

DATES: September 26, 2017: The GSP Subcommittee of the Trade Policy 
Staff Committee (TPSC) will convene a public hearing on the GSP country 
practice review of Bolivia in Rooms 1 and 2, 1724 F Street NW., 
Washington DC 20508, beginning at 10:00 a.m.
    September 5, 2017 at midnight EST: Deadline for submission of 
comments, pre-hearing briefs and requests to appear at the September 
26, 2017, public hearing.
    October 17, 2017 at midnight EST: Deadline for submission of post-
hearing briefs.

ADDRESSES: USTR strongly prefers electronic submissions made through 
the Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments in section C.3 below. The docket 
number is USTR-2017-0009. For alternatives to on-line submissions, 
please contact Naomi Freeman at (202) 395-2974.

FOR FURTHER INFORMATION CONTACT: Direct all questions regarding this 
notice to Naomi Freeman, Director for GSP at (202) 395-2974 or 
[email protected]. The fax number is (202) 395-9674.

SUPPLEMENTARY INFORMATION: 

A. Background

    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, and is implemented in accordance with 
Executive Order 11888 of November 24, 1975, as modified by subsequent 
Executive Orders and Presidential Proclamations.

B. Results of the 2016/2017 Annual GSP Review

    In the 2016/2017 Annual GSP Review, the TPSC reviewed (1) petitions 
to add seven products to the list of those eligible for duty-free 
treatment under GSP; (2) a petition to remove the GSP eligibility of 
one product; (3) a petition to waive the CNL for a product from a 
beneficiary country; (4) products eligible for de minimis waivers of 
CNLs; and (5) requests for re-designation of products previously 
excluded from GSP

[[Page 31794]]

eligibility for certain beneficiary countries.
    In Presidential Proclamation 9625 of June 29, 2017, the President 
implemented his decisions regarding GSP product eligibility issues 
arising out of the 2016/2017 Annual GSP Review, including CNL waivers 
and product re-designations. This notice provides further information 
on the results of the 2016/2017 Annual GSP Review. You can view these 
results, comprising five lists, https://www.regulations.gov in docket 
USTR-2016-0009, under ``Supporting and Related Materials'' and at 
https://ustr.gov/issue-areas/preference-programs/generalized-system-preferences-gsp/current-reviews/gsp-20162017.
    The President added 23 travel and luggage goods products to the 
list of products eligible for duty-free treatment for all beneficiary 
developing countries (BDCs). The President also added rolled or flaked 
grains of cereals, other than barley or oats (HTS 1104.19.90); 
saturated acyclic monocarboxylic acids (HTS 2915.90.18); finishing 
agents, dye carriers and other preparations used in leather and like 
industries, <5% by weight aromatic (mod.) substance(s) (HTS 
3809.93.50); cellulose nitrates (including collodions), in primary 
forms (also referred to as nitrocellulose) (HTS 3912.20.00); and 
essential oils of lemon (HTS 3301.13.00), to the list of products 
eligible for duty-free treatment for all BDCs. The last product was 
deferred from the 2015/2016 annual review. The petitions to make 
pineapples, otherwise prepared or preserved (HTS 2008.20.00) eligible 
for duty free treatment under GSP and to make high-carbon 
ferromanganese (HTS 7202.11.50) eligible for duty free treatment under 
GSP for all BDCs were denied. See List I (Decisions on Petitions to Add 
a Product to the List of Eligible Products for GSP).
    The President removed glycine (HTS 2922.49.40.20) from GSP 
eligibility for all BDCs. See List II (Decision on Petition to Remove a 
Product from GSP eligibility). To reflect this change, glycine imported 
into the United States now falls under the new HTS 2922.49.43. Articles 
that exceeded the CNLs in 2016 and that, effective July 1, 2017, are 
excluded from GSP eligibility when imported from a specific beneficiary 
country are described in List III (Products Newly Subject to Exclusion 
by Competitive Need Limitation). These products are HTS 2933.99.22, 
other heterocyclic aromatic or modified aromatic pesticides with 
nitrogen hetero-atom(s) only, from India; and 6801.00.00 setts, 
curbstones and flagstones, of natural stone (except slate) from Turkey.
    The President granted a petition for a waiver of the CNL for 
coniferous wood continuously shaped along any of its ends, whether or 
not also continuously shaped along any of its edges or faces (HTS 
4409.10.05) from Brazil. See List IV (Products Receiving a Waiver of 
the 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 2016 de minimis 
level of $23 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 re-designated 
as eligible for GSP as a result of the 2016/2017 Annual Review.

C. Initiation of a Country Practice Review of Bolivia

1. Background

    The GSP Subcommittee of the TPSC will lead a review of the 
eligibility of Bolivia for benefits under the GSP. The GSP Subcommittee 
will review Bolivia's implementation of its commitments to eliminate 
the worst forms of child labor, and the steps it has taken to afford 
internationally recognized worker rights, including a minimum age for 
the employment of children pursuant to the Trade Act of 1974, 19 U.S.C. 
2462(b)(2)(H) and 19 U.S.C. 2462(b)(2)(G), respectively. The country 
practice review is undertaken on the recommendation of the TPSC 
pursuant to 15 CFR 2007.0(f). According to public reporting by the U.S. 
Department of Labor and the U.S. Department of State, the Government of 
Bolivia, in 2014, adopted a new Code for Children and Adolescents, 
which amended the previous code to lower the working age for children 
to 10 years old for self-employed workers, and to 12 years old for 
those in an employment relationship, under certain situations. U.S. 
government reporting also notes concerns about Bolivia's efforts to 
enforce its national labor laws and to make effective protections for 
working children as provided for in its labor laws. According to the 
U.S. Department of Labor's 2015 Findings on the Worst Forms of Child 
Labor, https://www.dol.gov/agencies/ilab/resources/reports/child-labor/bolivia, the Offices of the Child Advocate, which are required by the 
Code for Children and Adolescents to authorize child work and assist 
victims of child labor, are absent or underfunded in many 
municipalities, leaving some children potentially unprotected and 
vulnerable to the worst forms of child labor. Additionally, the report 
questions whether the number of labor inspectors is sufficient to 
inspect for violations of child labor laws nationwide. Bolivia's 
changes to its labor laws, and the extent of Bolivia's efforts to 
combat child labor and eliminate the worst forms of child labor, raise 
questions about the compliance of Bolivia's laws and practices with 
mandatory country eligibility criteria as defined in 19 U.S.C. 
2462(b)(2)(H)-(G).
    In undertaking the review, the TPSC also notes discussions held in 
international fora, such as the International Labor Organization, 
public media reporting, and public reporting by non-governmental 
organizations. The goal of this action is to review Bolivia's child 
labor laws and practices to determine whether Bolivia's current law and 
practices meet the GSP eligibility criteria.

2. Notice of Public Hearing

    The GSP Subcommittee will hold a hearing on September 26, 2017, 
beginning at 10:00 a.m., to receive information regarding the country 
practice review of Bolivia. The hearing will be held in Rooms 1 and 2, 
1724 F Street NW., Washington, DC 20508 and will be open to the public 
and to the press. We will make a transcript of the hearing available on 
https://www.regulations.gov within approximately two weeks after the 
date of the hearing.
    All interested parties wishing to make an oral presentation at the 
hearing must submit, following the ``Requirements for Submissions'' set 
out below, the name, address, telephone number, and email address, if 
available, of the witness(es) representing their organization by 
midnight on September 5, 2017. Requests to present oral testimony must 
be accompanied by a written brief or summary statement, in English. The 
GSP Subcommittee will limit oral testimony before the GSP Subcommittee 
to five-minute presentations that summarize or supplement information 
contained in briefs or statements submitted for the record. The GSP 
Subcommittee will accept post-hearing briefs or statements if they 
conform with the requirements set out below and are submitted in 
English, by midnight on October 17, 2017. Parties not wishing to appear 
at the public hearing may submit pre-hearing and post-hearing briefs or 
comments by these deadlines.

[[Page 31795]]

    In order to be assured of consideration, you must submit all post-
hearing briefs or statements by the October 17, 2017 deadline to docket 
number USTR-2017-0009 via https://www.regulations.gov/. However, if 
there are new developments or information that parties wish to share 
with the GSP Subcommittee after this date, the regulations.gov docket 
will remain open until a final decision is made. Post all comments, 
letters, or other submissions related to Bolivia's eligibility review 
to docket number USTR-2017-0009 via https://www.regulations.gov/.

3. Requirements for Submissions

    All submissions in response to this notice must conform to the GSP 
regulations set forth at 15 CFR part 2007 (https://www.ecfr.gov/cgi-bin/text-idx?SID=271bd12a5ef9cae0c4c178d1131ac292&mc=true&node=pt15.3.2007&rgn=div5), except as modified below.
    The GSP Subcommittee strongly encourages on-line submissions, using 
the https://www.regulations.gov Web site. All submissions must be in 
English and must be transmitted electronically via www.regulations.gov 
using docket number USTR-2017-0009. To make a submission via 
www.regulations.gov, enter docket number USTR-2017-0009 on the home 
page and click ``search.'' The site will provide a search-results page 
listing all documents associated with this docket. Find a reference to 
this notice and click on the link entitled ``Comment Now!'' For further 
information on using the www.regulations.gov Web site, please consult 
the resources provided on the Web site by clicking on ``How to Use 
Regulations.gov'' on the bottom of the home page. We will not accept 
hand-delivered submissions.
    The https://www.regulations.gov Web site allows users to provide 
comments by filling in a ``Type Comment'' field, or by attaching a 
document using an ``Upload File'' field. The GSP Subcommittee prefers 
that you provide submissions as an attached document. If a document is 
attached, please type ``GSP Review of Bolivia'' in the ``Type Comment'' 
field. USTR prefers submissions in Microsoft Word (.doc) or Adobe 
Acrobat (.pdf) format. If the submission is in another file format, 
please indicate the name of the software application in the ``Type 
Comment'' field. File names should reflect the name of the person or 
entity submitting the comments. Please do not attach separate cover 
letters to electronic submissions; rather, include any information that 
might appear in a cover letter in the comments themselves. Similarly, 
to the extent possible, please include any exhibits, annexes, or other 
attachments in the same file as the comment itself, rather than 
submitting them as separate files. Submissions should not exceed 30 
single-spaced, standard letter-size pages in 12-point type, including 
attachments.
    For any comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC''. Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page and the submission should 
clearly indicate, via brackets, highlighting, or other means, the 
specific information that is business confidential. A filer requesting 
business confidential treatment must certify that the information is 
business confidential and would not customarily be released to the 
public by the submitter. Additionally, the submitter should type 
``Business Confidential GSP Review of Bolivia'' in the ``Type Comment'' 
field. Filers of submissions containing business confidential 
information also must submit a public version of their comments that we 
will place in the docket for public inspection. The file name of the 
public version should begin with the character ``P''. The ``BC'' and 
``P'' should be followed by the name of the person or entity submitting 
the comments. Filers submitting comments containing no business 
confidential information should name their file using the name of the 
person or entity submitting the comments.
    You will receive a submission tracking number upon completion of 
the submissions procedure at https://www.regulations.gov. The tracking 
number is your confirmation that the submission was received into 
https://www.regulations.gov. The GSP Subcommittee is not able to 
provide technical assistance for the Web site. The GSP Subcommittee may 
not consider documents that are not submitted in accordance with these 
instructions.
    As noted, the GSP Subcommittee strongly urges submitters to file 
comments through www.regulations.gov. You must make any alternative 
arrangements with Naomi Freeman in advance of transmitting a comment. 
You can contact Ms. Freeman at (202) 395-2974.
    We will post comments in the docket for public inspection, except 
business confidential information. You can view comments on the https://www.regulations.gov Web site by entering the relevant docket number in 
the search field on the home page.

Erland Herfindahl,
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. 2017-14369 Filed 7-7-17; 8:45 am]
 BILLING CODE 3290-F7-P