[Federal Register Volume 78, Number 226 (Friday, November 22, 2013)]
[Notices]
[Page 70091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27986]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Generalized System of Preferences (GSP): Deadline Extension and 
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 (1) an extension to 
December 20, 2013 of the deadline for submission of petitions to waive 
competitive need limitations (CNLs) under the Generalized System of 
Preferences (GSP) program, and (2) the availability of import 
statistics for the first eight months of 2013 relating to CNLs. 
Although USTR will receive CNL waiver petitions through December 20, 
2013, no action will be taken regarding submitted petitions while the 
GSP program is without authorization.

FOR FURTHER INFORMATION CONTACT: Contact Keysha Martinez (202-395-9618 
or [email protected]), Director for GSP, Office of the United 
States Trade Representative.

SUPPLEMENTARY INFORMATION:

I. Competitive Need Limitations

    The GSP program provides for the duty-free importation of 
designated articles when imported from designated beneficiary 
developing countries (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 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 ($160 
million for 2013), 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 duty-free treatment under the GSP program for 
that article from that BDC by no later than July 1 of the next calendar 
year, unless he waives the CNL. Any CNL-related product exclusions 
resulting from the 2013 GSP Annual Review will be based on full 2013 
calendar-year import statistics.
    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 ($21.5 million for 2013).

II. Extension of Deadline for Petitions To Waive CNLs

    A notice published in the Federal Register on July 29, 2013 (78 FR 
45596) announced the launch of the 2013 GSP Annual Review, including, 
inter alia, a November 22, 2013, deadline for receipt of petitions from 
the public to waive the application of CNLs for specific products from 
certain countries. That deadline has been extended to 5 p.m. on 
December 20, 2013. Please see the referenced July 29, 2013 Federal 
Register notice for more information on the procedures for submitting a 
petition for a CNL waiver.

III. Effect of Lapse in GSP Authorization on the GSP Annual Review

    Authorization of the GSP program expired July 31, 2013. USTR will 
receive petitions for CNL waivers, submitted as part of the 2013 GSP 
Annual Review, even though the GSP program is without authorization, so 
that the President can be in a position to take action if Congress acts 
to reauthorize the GSP program. However, as long as the program remains 
without authorization, no action will be taken regarding any petitions 
submitted as part of the 2013 GSP Annual Review, including CNL waiver 
petitions.

IV. Interim 2013 Import Statistics

    Interim import statistics for the first eight months of 2013 
relating to CNLs can be viewed on the USTR Web site at: http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preferences-gsp/current-revie-0. The interim 2013 
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 eight months of 2013, 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 eight-month 
2013 data, exceed $105 million dollars, or an amount greater than 42 
percent of the total value of U.S. imports of that product and 
therefore may be on track to exceed the applicable thresholds.
    The list published on the USTR Web site includes the relevant 
eight-month trade statistics for each of these products and is provided 
as a courtesy for informational purposes only. The list is based on 
interim 2013 trade data, and may not include all articles that may be 
affected by a CNL. 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 will be based on full calendar-year 
2013 import data for each GSP-eligible article. Each interested party 
is advised to conduct its own review of 2013 import data with regard to 
the possible application of CNLs.
    Full calendar-year 2013 data for individual tariff subheadings are 
expected to be available in February 2014 on the http://dataweb.usitc.gov/ Web site of the U.S. International Trade Commission.

William D. Jackson,
Deputy Assistant U.S. Trade Representative for GSP, Chairman, GSP 
Subcommittee of the Trade Policy Staff Committee.
[FR Doc. 2013-27986 Filed 11-21-13; 8:45 am]
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