[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Notices]
[Pages 74839-74840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30934]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Generalized System of Preferences (GSP): Import Statistics
Relating to Competitive Need Limitations
AGENCY: Office of the United States Trade Representative.
ACTION: Notice.
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SUMMARY: This notice is to inform the public of the availability of
import statistics for the first nine months of 2011 relating to
competitive need limitations (CNLs) under the Generalized System of
Preferences (GSP) program. These import statistics identify some
articles for which the 2011 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. As previously announced in the Federal Register (76 FR 67531
(November 1, 2011)), the deadline for submission of product petitions
to waive the CNLs for individual BDCs with respect to GSP-eligible
articles is 5 p.m., December 16, 2011.
FOR FURTHER INFORMATION CONTACT: Contact Donnette Rimmer, Director for
GSP, Office of the United States Trade Representative, 600 17th Street
NW., Washington, DC 20508. The telephone number is (202) 395-9618 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.
Section 503(c)(2)(A) of the 1974 Act sets out the two 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 ($150
million for 2011), 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.
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 ($20.5 million for 2011). Further, under section
503(c)(2)(C) of the 1974 Act, if imports of an eligible article from a
BDC ceased to receive duty-free treatment due to exceeding a CNL in a
prior year, the President may redesignate such an article for duty free
treatment if imports in the most recently completed year did not exceed
the CNLs.
II. Implementation of Competitive Need Limitations
Exclusions from GSP duty-free treatment where CNLs have been
exceeded will be effective July 1, 2012, unless the President grants a
waiver before the exclusion goes into effect. Exclusions for exceeding
a CNL are based on full 2011 calendar year import statistics.
III. Interim 2011 Import Statistics
In order to provide advance notice of articles that may exceed the
CNLs for 2011, interim 2011 import statistics for the first nine months
of 2011 relating to CNLs can be viewed at: http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preference-gsp/current-review-4 Full calendar-year 2011 data for
individual tariff
[[Page 74840]]
subheadings will be available in February 2012 on the Web site of the
U.S. International Trade Commission at http://dataweb.usitc.gov/.
The interim 2011 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 for
the first nine months of 2011, and the percentage of total imports of
that article from all countries. The list includes the GSP-eligible
articles from BDCs that have already exceeded the CNLs since import
levels amount to more than $150 million, or by an amount greater than
50 percent of the total value of U.S. imports of that product in 2011.
The list also includes GSP-eligible articles that, based upon interim
nine-month 2011 data, exceed $100 million dollars, or an amount greater
than 42 percent of the total value of U.S. imports of that product.
The list published on the USTR Web site is provided as a courtesy
for informational purposes only. The list is computer-generated, based
on interim 2011 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 2011 import data for each GSP-eligible
article. Each interested party is advised to conduct its own review of
2011 import data with regard to the possible application of GSP CNLs.
Please see the notice announcing the 2011 GSP Review which was
published in the Federal Register on November 1, 2011, regarding
submission of product petitions requesting a waiver of a CNL. The
notice is available at http://www.regulations.gov/#!documentDetail;D=USTR-2011-0015-0001.
William D. Jackson,
Deputy Assistant U.S. Trade Representative for the GSP Program,
Chairman, GSP Subcommittee of the Trade Policy Staff Committee.
[FR Doc. 2011-30934 Filed 11-30-11; 8:45 am]
BILLING CODE 3190-W2-P