[Federal Register Volume 63, Number 36 (Tuesday, February 24, 1998)]
[Notices]
[Pages 9281-9291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4633]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Generalized System of Preferences; Imports Statistics Relating to
Competitive Need Limitations; Invitation for Public Comment
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; invitation for public comment.
-----------------------------------------------------------------------
SUMMARY: The Trade Policy Staff Committee (TPSC) is informing the
public of interim 1997 import statistics relating to Competitive Need
Limitations (CNL) under the Generalized System of Preferences (GSP)
program. The TPSC also invites public comments by 5:00 p.m. March 20,
regarding possible de minimis CNL waivers with respect to particular
articles, and possible redesignations under the GSP program of articles
currently subject to CNLs.
FOR FURTHER INFORMATION CONTACT:
GSP Subcommittee, Office of the United States Trade Representative, 600
17th Street, N.W., Room 518, Washington, DC 20508. The telephone number
is (202) 395-6971.
SUPPLEMENTARY INFORMATION:
I. Competitive Need Limitations
Section 503(c)(2)(A) of the Trade Act of 1974, as amended (the
``1974 Act'') (19 U.S.C. 2463(c)(2)(A)), provides for Competitive Need
Limitations on duty-free treatment under the GSP program. When the
President determines that a beneficiary developing country 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 ($80 million for 1997), 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 shall terminate GSP duty-free
treatment for that article from that beneficiary developing country by
no later than July 1 of the next calendar year.
II. Discretionary Decisions
A. De Minimis Waivers
Section 503(c)(2)(F) of the 1974 Act provides the President with
discretion to waive the 50 percent CNL with respect to an eligible
article imported from a beneficiary developing country if the value of
total imports of that article from all countries during the calendar
year did not exceed the applicable amount for that year ($13.5 million
for 1997).
B. Redesignation of Eligible Articles
Where an eligible article from a beneficiary developing country
ceased to receive duty-free treatment due to exceeding the CNL in a
prior year, Section 503(c)(2)(C) of the 1974 Act provides the President
with discretion to redesignate such an article for duty-free treatment
if imports in the most recently completed calendar year did not exceed
the CNLs.
III. Implementation of Competitive Need Limitations, Waivers, and
Redesignations
Exclusions from GSP duty-free treatment where CNLs have been
exceeded, as well as the return of GSP duty-free treatment to products
for which the President has used his discretionary authority to grant
redesignations will be effective July 1, 1998. Decisions on these
matters, as well as decisions with respect to de minimis waivers, will
be based on full 1997 calendar year import statistics.
IV. Interim 1997 Import Statistics
In order to provide advance indication of possible changes in the
list of eligible articles pursuant to exceeding CNLs, and to afford an
earlier opportunity for comment regarding possible de minimis waivers
and redesignations, interim import statistics covering the first 10
months of 1997 are included with this notice.
The following lists contain the HTSUS numbers and beneficiary
country of origin for GSP-eligible articles, the value of imports of
such articles for the first ten months of 1997, and their percentage of
total imports of that product from all countries. The flags indicate
the status of GSP eligibility.
Articles marked with an ``*'' are those that have been excluded
from GSP eligibility for the entire past calendar year. Flags ``1'' or
``2'' indicate products that were not eligible for duty-free treatment
under GSP for the first six months or last six months, respectively, of
1997.
The flag ``D'' identifies articles with total U.S. imports from all
countries, based on interim 1997 data, less than the applicable amount
($13.5 million in 1997) for eligibility for a de minimis waiver of the
50 percent CNL.
List I shows GSP-eligible articles from beneficiary developing
countries that have exceeded the CNL of $80 million in 1997. Those
articles without a flag identify articles that were GSP eligible during
1997 but stand to lose GSP duty-free treatment on July 1, 1998. In
addition, List I shows articles (denoted with a flag ``*'' or ``2'')
which did not have GSP duty-free treatment in all or the last half of
1997.
List II shows GSP-eligible articles from beneficiary developing
countries that (1) Have not yet exceeded, but are approaching, the $80
million CNL during the period from January through October 1997, or (2)
are close to or above the 50 percent CNL.
Depending on final calendar year 1997 import data, these products
also
[[Page 9282]]
stand to lose GSP duty-free treatment on July 1, 1998.
List III is a subset of List II. List III identifies GSP-eligible
articles from beneficiary developing countries that are near or above
the 50 percent CNL, but that may be eligible for a de minimis waiver of
the 50 percent CNL. Actual eligibility for de minimis waivers will
depend on final calendar year 1997 import data.
List IV shows GSP articles from beneficiary developing countries
which are currently not receiving GSP duty-free treatment, but which
have import levels (based on interim 1997 data) below the CNLs and
which thus may be eligible for redesignation pursuant to the
President's discretionary authority. Articles with a ``D'' exceed the
50 percent CNL and would require both de minimis waivers and
redesignation to receive GSP duty-free treatment. The list may contain
articles that may not be redesignated until certain conditions are
fulfilled, as for example, where GSP eligibility for articles was
suspended because of deficiencies in beneficiary countries' protection
of the rights of workers or owners of intellectual property. This list
does not include articles from India which do not receive GSP treatment
as a result of Presidential Proclamation 6425 of April 29, 1992 (57 FR
19067).
Each list is followed by a summary table that indicates the number
of products cited from each beneficiary developing country and the
total value of imports of those products from the beneficiary
developing country.
The lists appended to this notice are provided for informational
purposes only. The attached lists are computer-generated and, based on
interim 1997 data, may not include all articles that may be affected by
the GSP CNLs. Regardless of whether or not an article is included on
the lists, all determinations and decisions regarding the CNLs of the
GSP program will depend on full calendar year 1997 import data with
respect to each GSP eligible article. Each interested party is advised
to conduct its own review of 1997 import data with regard to the
possible application of GSP CNLs.
IV. Public Comments
All written comments with regard to the matters discussed should be
addressed to: GSP Subcommittee, Office of the U.S. Trade
Representative, 600 17th Street, N.W., Room 518, Washington, DC 20508.
All submissions must be in English and should conform to the
information requirements of 15 CFR 2007. Furthermore, each party
providing comments should indicate on the first page of the submission
its name, the relevant Harmonized Tariff Schedule subheading(s), the
beneficiary country or territory of interest, and the type of action
(e.g., the use of the President's de minimis waiver authority, etc.) in
which the party is interested.
A party must provide fourteen copies of its statement which must be
received by the Chairman of the GSP Subcommittee no later than 5 p.m.,
Friday, March 20. Comments received after the deadline will not be
accepted. If the comments contain business confidential information,
fourteen copies of a non-confidential version must also be submitted. A
justification as to why the information contained in the submission
should be treated confidentially must be included in the submission. In
addition, the submissions containing confidential information should be
clearly marked ``confidential'' at the top and bottom of each page of
the submission. The version that does not contain confidential
information should also be clearly marked, at the top and bottom of
each page, ``public version'' or ``non-confidential''.
Written comments submitted in connection with these decisions,
except for information granted ``business confidential'' status
pursuant to 15 CFR 2007.7, will be available for public inspection
shortly after the filing deadline by appointment only with the staff of
the USTR Public Reading Room (202) 395-6186. Other requests and
questions should be directed to the GSP Information Center at USTR by
calling (202) 395-6971.
Frederick L. Montgomery,
Chairman, Trade Policy Staff Committee.
BILLING CODE 3190-01-M
[[Page 9283]]
[GRAPHIC] [TIFF OMITTED] TN24FE98.012
[[Page 9284]]
[GRAPHIC] [TIFF OMITTED] TN24FE98.013
[[Page 9285]]
[GRAPHIC] [TIFF OMITTED] TN24FE98.014
[[Page 9286]]
[GRAPHIC] [TIFF OMITTED] TN24FE98.015
[[Page 9287]]
[GRAPHIC] [TIFF OMITTED] TN24FE98.016
[[Page 9288]]
[GRAPHIC] [TIFF OMITTED] TN24FE98.017
[[Page 9289]]
[GRAPHIC] [TIFF OMITTED] TN24FE98.018
[[Page 9290]]
[GRAPHIC] [TIFF OMITTED] TN24FE98.019
[[Page 9291]]
[GRAPHIC] [TIFF OMITTED] TN24FE98.020
[FR Doc. 98-4633 Filed 2-23-98; 8:45 am]
BILLING CODE 3190-01-C
