[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-7577] [[Page Unknown]] [Federal Register: March 31, 1994] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Trade Policy Staff Committee; Generalized System of Preferences (GSP); Initiation of a Review To Consider the Designation of Uzbekhistan as a Beneficiary Developing Country Under the GSP; Notice That Certain Imports From Russia Have Exceeded the GSP Competitive Need Limits; Notice Regarding the 1994 Annual GSP Review AGENCY: Office of the United States Trade Representative. ACTION: Notice and solicitation of public comment. ----------------------------------------------------------------------- SUMMARY: This notice announces: (1) The initiation of a review to consider the designation of Uzbekhistan as a beneficiary developing country under the GSP program; (2) that certain imports from Russia have exceeded the competitive need limits that are set forth in the GSP law; and (3) that the TPSC will not consider whether to solicit petitions in the 1994 Annual GSP Review until after the GSP program has been renewed. FOR FURTHER INFORMATION CONTACT: GSP Subcommittee, Office of the United States Trade Representative, 600 17th Street, NW., room 517, Washington, DC 20506. The telephone number is (202) 395-6971. SUPPLEMENTARY INFORMATION: I. Uzbekhistan A. Eligibility Review The Trade Policy Staff Committee (TPSC) has initiated a review to determine if Uzbekhistan meets the eligibility criteria of the GSP law and should be designated as a beneficiary developing country for purposes of the GSP, which is provided for in the Trade Act of 1974, as amended (19 U.S.C. 2461-2465). The designation criteria are listed in sections 502(a), 502(b) and 502(c) of the Trade Act of 1974. The eligibility criteria mandate determinations related to participation in commodity cartels, preferential treatment provided to other developed countries, expropriation without compensation, enforcement of arbitral awards, support of international terrorism, and protection of internationally recognized worker rights. Other practices taken into account relate to the extent of market access for goods and services, investment practices and protection of intellectual property rights. B. Public Comments Interested parties are invited to submit comments regarding the eligibility of Uzbekhistan for designation as a GSP beneficiary. Comments must be submitted in 14 copies, in English, to the Chairman of the GSP Subcommittee, Trade Policy Staff Committee, 600 17th Street, NW., room 517, Washington, DC 20506. Comments must be received no later than 5 p.m. on Wednesday, May 11, 1994. Information and comments submitted regarding Uzbekhistan will be subject to public inspection by appointment with the staff of the USTR Public Reading Room, except for information granted ``business confidential'' status pursuant to 15 CFR 2003.6 and 2007.7. If the document contains business confidential information, 14 copies of a nonconfidential version of the submission along with 14 copies of the confidential version must be submitted. In addition, the submission should be clearly marked ``confidential'' at the top and bottom of each and every page of the document. The version which does not contain business confidential information (the public version) should also be clearly marked at the top and bottom of each and every page (either ``public version'' or ``non-confidential''). II. Certain GSP Imports From Russia A. Competitive Need Limits Pursuant to section 504(c) of the Trade Act of 1974 (19 U.S.C. 2464(c)), any GSP beneficiary that exported to the United States during the most recent calendar year a quantity of any one GSP eligible article in excess of (1) $25 million indexed to the nominal growth of U.S. Gross National Product (GNP) since 1974, or (2) 50 percent of the value of total U.S. imports of the article, is to be removed from GSP eligibility with respect to that article not later than July 1 of the next calendar year. The dollar limit is $108,139,456 for calendar year 1993. Unwrought magnesium that is provided for in subheading 8104.11.00 of the Harmonized Tariff Schedule of the United States (HTS) is eligible for duty-free GSP treatment. In 1993, imports of such unwrought magnesium from Russia were valued at $35,831,095, accounting for 67.5 percent of U.S. imports from the world. Accordingly, pursuant to section 504(c) of the Trade Act of 1974, imports of unwrought magnesium from Russia will become ineligible for duty-free treatment on July 1, 1994. B. De Minimis Waivers Section 504(d)(2) of the Trade Act of 1974 (19 U.S.C. 2464(d)(2)) permits the President to disregard the 50 percent competitive need limit with respect to any eligible article if the value of total imports of the article during the most recent calendar year did not exceed $5 million, indexed to the nominal growth of U.S. GNP since 1979. The de minimis level is $12,649,159 for calendar year 1993. Caviar that is provided for in HTS subheading 1604.30.20 and spacecraft that are provided for in HTS subheading 8802.50.90 are each eligible for duty-free GSP treatment. In 1993, imports of caviar from Russia and imports of spacecraft from Russia each exceeded the 50 percent competitive need limit, but they are each eligible for a de minimis wavier because, in each case, total imports from the world did not exceed $12,649,159. In 1993, imports of such caviar from Russia were valued at $5,250,983, accounting for 78.3 percent of U.S. imports from the world, and U.S. imports from the world were valued at $6,708,158. In 1993, imports of such spacecraft from Russia were valued at $190,000, accounting for 100 percent of U.S. imports from the world. C. Public Comments on De Minimis Waivers The TPSC hereby solicits public comments on whether the President should exercise his discretionary authority under section 504(d)(2) of the Trade Act of 1974 and disregard the 50 percent competitive need limit with respect to caviar from Russia and spacecraft from Russia. Comments must be submitted in 14 copies, in English, to the Chairman of the GSP Subcommittee, Trade Policy Staff Committee, 600 17th Street, NW., room 517, Washington, DC 20506. Comments must be received no later than 5 p.m. on Wednesday, May 4, 1994. Information and comments submitted regarding such discretionary, de minimis waivers for Russia will be subject to public inspection by appointment with the staff of the USTR Public Reading Room, except for information granted ``business confidential'' status pursuant to 15 CFR 2003.6 and 2007.7. If the document contains business confidential information, 14 copies of a nonconfidential version of the submission along with 14 copies of the confidential version must be submitted. In addition, the submission should be clearly marked ``confidential'' at the top and bottom of each and every page of the document. The version which does not contain business confidential information (the public version) should also be clearly marked at the top and bottom of each and every page (either ``public version'' or ``non-confidential''). III. Notice Regarding the 1994 Annual GSP Review As noted in the Federal Register on October 19, 1994 (58 FR 53959, 53961), the TPSC ordinarily would invite the submission of petitions for the 1994 Annual GSP Review on June 1, 1994, pursuant to 15 CFR 2007.3(a). However, under section 505(a) of the Trade Act of 1974, duty-free treatment provided under the GSP shall not remain in effect after September 30, 1994. Accordingly, the TPSC will not announce whether it will solicit petitions for the 1994 Annual GSP Review until after legislation renewing the GSP program has been enacted. Frederick L. Montgomery, Chairman, Trade Policy Staff Committee. [FR Doc. 94-7577 Filed 3-30-94; 8:45 am] BILLING CODE 3190-01-M