[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18618-18620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08868]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Numbers USTR-2018-0006, 2018-007, and 2018-008]


Initiation of Country Practice Reviews of India, Indonesia, and 
Kazakhstan

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of public hearing and request for comments.

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SUMMARY: The Office of the United States Trade Representative (USTR) is 
announcing the initiation of country practice reviews regarding 
compliance with the Generalized System of Preferences (GSP) eligibility 
criteria of India, Indonesia, and Kazakhstan. This notice includes the 
schedule for submission of public comments and a public hearing.

DATES: June 19, 2018: The GSP Subcommittee of the Trade Policy Staff 
Committee (TPSC) will convene a public hearing on the GSP country 
practice reviews of India, Indonesia, and Kazakhstan in Rooms 1 and 2, 
1724 F Street NW, Washington, DC 20508, beginning at 10:00 a.m.
    June 5, 2018 at midnight EDT: Deadline for submission of comments, 
pre-hearing briefs, and requests to appear at the June 19, 2018, public 
hearing.
    July 17, 2018 at midnight EDT: 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 D below. The docket 
number for the India review is USTR-2018-0006. The docket number for 
the Indonesia review is USTR-2018-0007. The docket number for the 
Kazakhstan review is USTR-2018-0008. For alternatives to on-line 
submissions, please contact Yvonne Jamison at 202-395-3475.

FOR FURTHER INFORMATION CONTACT: Erland Herfindahl, Deputy Assistant 
U.S. Trade Representative for GSP at [email protected] or 
202-395-6364.

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. 
2461-2467), 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. Initiation of a Country Practice Review of India, Indonesia, and 
Kazakhstan

    USTR will lead a review of the eligibility of India, Indonesia, and 
Kazakhstan for benefits under the GSP program. These country practice 
reviews are undertaken on the recommendation of the TPSC pursuant to 15 
CFR 2007.0(f) to determine whether the current laws and practices of 
India, Indonesia, and Kazakhstan meet the GSP eligibility criteria. 
These reviews are the result of country eligibility petitions submitted 
by interested stakeholders and an assessment of the 25 Asian and 
Pacific Island GSP beneficiary countries conducted by the GSP 
Subcommittee.

[[Page 18619]]

1. India Country Eligibility Review

    The country practice review of India will focus on whether it is 
meeting the GSP eligibility criterion that requires a GSP beneficiary 
country to assure the United States that it will provide equitable and 
reasonable access to its market (19 U.S.C. 2462(c)(4)). USTR is 
accepting two petitions asserting that India is not meeting this 
criterion: One from the National Milk Producers Federation and the U.S. 
Dairy Export Council, and the other from the Advanced Medical 
Technology Association. In addition, through the new GSP Country 
Assessment process, the GSP Subcommittee identified potential concerns 
with India's compliance with the GSP criterion that requires a GSP 
beneficiary country to assure the United States that it will provide 
equitable and reasonable access to its market (19 U.S.C. 2462(c)(4)). 
As described in the India Chapter of the 2018 National Trade Estimate 
Report on Foreign Trade Barriers, India has implemented a wide array of 
trade barriers that create serious negative effects on U.S. commerce. 
Due to the similar nature of the issues raised in these petitions with 
concerns identified in the assessment process, the petitions and the 
self-initiated review will be combined into one overall review of 
India's GSP eligibility based on the GSP market access criterion.

2. Indonesia Country Eligibility Review

    The country practice review of Indonesia will focus on whether it 
is meeting two GSP criteria: (1) The GSP criterion that requires a GSP 
beneficiary country to assure the United States that it will provide 
equitable and reasonable access to its market (19 U.S.C. 2462(c)(4)), 
and (2) the GSP criterion that requires a GSP beneficiary country to 
reduce trade-distorting investment practices and reduce or eliminate 
barriers to trade in services (19 U.S.C. 2462(c)(6)). As described in 
the Indonesia Chapter of the 2018 National Trade Estimate Report on 
Foreign Trade Barriers, Indonesia has implemented a wide array of trade 
barriers that create serious negative effects on U.S. commerce. The 
existing review of Indonesia's compliance with the GSP criterion 
related to intellectual property rights (19 U.S.C. 2462(c)(5)) is 
separate, and will continue.

3. Kazakhstan Country Eligibility Review

    The country practice review of Kazakhstan will focus on whether it 
is meeting the GSP criterion requiring a GSP beneficiary country to 
take steps to afford internationally recognized worker rights to 
workers in the country (19 U.S.C. 2462(b)(2)(G)). USTR is accepting a 
petition filed by the American Federation of Labor and Congress of 
Industrial Organizations (AFL-CIO). The petition alleges that the 
Government of Kazakhstan actively restricts the right to form trade 
unions and employer associations without prior permission, prevents 
workers and employers from joining organizations of their own choosing, 
interferes in the structure and activities of worker and employer 
organizations, and targets labor leaders with arrests and prosecutions 
for exercising their rights.

C. Notice of Public Hearing

    The GSP Subcommittee will hold a hearing on June 19, 2018, 
beginning at 10:00 a.m., to receive information regarding the country 
practice reviews of India, Indonesia, and Kazakhstan. 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 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 June 5, 2018.
    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 to the requirements 
set out below and are submitted in English, by midnight on July 17, 
2018.
    Parties not wishing to appear at the public hearing may submit pre-
hearing and post-hearing briefs or comments by these deadlines. In 
order to be assured of consideration, you must submit all post-hearing 
briefs or statements by the July 17, 2018 deadline to the appropriate 
docket via www.regulations.gov:
India (market access): USTR-2018-0006
Indonesia (market access; investment and services): USTR-2018-0007
Kazakhstan (worker rights): USTR-2018-0008

    However, if there are new developments or information that parties 
wish to share with the GSP Subcommittee after this date, the 
www.regulations.gov docket will remain open until a final decision is 
made. Post all comments, letters, or other submissions related to the 
appropriate docket listed above via www.regulations.gov.

D. 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/textidx?SID=271bd12a5ef9cae0c4c178d1131ac292&mc=true&node=pt15.3.2007&rgn=div5), except as modified below.
    The GSP Subcommittee strongly encourages on-line submissions 
through the https://www.regulations.gov website. All submissions must 
be in English and must be transmitted electronically via 
www.regulations.gov using the appropriate docket number listed above. 
To make a submission via www.regulations.gov, enter the appropriate 
docket number on the home page and click ``search''. The site will 
provide a search-results page listing all documents associated with the 
docket. Find a reference to this notice and click on the link entitled 
``Comment Now''. For further information on using www.regulations.gov, 
please consult the resources provided on the website by clicking on 
``How to Use Regulations.gov'' on the bottom of the home page. We will 
not accept hand-delivered submissions.
    The www.regulations.gov website 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 [Country]'' 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

[[Page 18620]]

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 [Country]'' 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 www.regulations.gov. The tracking number 
is your confirmation that the submission was received into 
www.regulations.gov. The GSP Subcommittee is not able to provide 
technical assistance for the website. 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 Yvonne Jamison at 202-395-3475 in advance of 
transmitting a comment.
    We will post comments in the dockets for public inspection, except 
business confidential information. You can view comments on the 
www.regulations.gov website 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 United States Trade Representative.
[FR Doc. 2018-08868 Filed 4-26-18; 8:45 am]
 BILLING CODE 3290-F8-P