81 FR 10356 - 2015/2016 Generalized System of Preferences (GSP) Annual Product Review: Inviting Public Comments on Possible Actions Related to Competitive Need Limitations
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Federal Register Volume 81, Issue 39 (February 29, 2016)
Federal Register Volume 81, Issue 39 (February 29, 2016)
| Page Range | 10356-10358 | |
| FR Document | 2016-04301 |
[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)] [Notices] [Pages 10356-10358] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04301] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE 2015/2016 Generalized System of Preferences (GSP) Annual Product Review: Inviting Public Comments on Possible Actions Related to Competitive Need Limitations AGENCY: Office of the United States Trade Representative. ACTION: Notice and solicitation of comments. ----------------------------------------------------------------------- SUMMARY: This notice announces the availability of full 2015 calendar year import statistics relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program. The Office of the United States Trade Representative (USTR) will accept public comments submitted by April 1, 2016, regarding: (1) Possible de minimis CNL waivers; and (2) possible redesignations of articles currently not eligible for GSP benefits because they previously exceeded the CNL thresholds. This notice also announces the withdrawal by the petitioners of certain previously accepted CNL waiver petitions. FOR FURTHER INFORMATION CONTACT: Aimee Larsen, Director for GSP, Office of the United States Trade Representative, 600 17th Street NW., Washington DC 20508. The telephone number is (202) 395-2974 and the email address is [email protected]. DATES: Public comments are due by 5:00 p.m., Friday, April 1, 2016. SUPPLEMENTARY INFORMATION: I. Statutory Provisions Related to CNLs 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''). Section 503(c)(2)(A) of the 1974 Act sets out the two CNLs. When the President determines that a BDC 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 ($170 million for 2015), 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, unless a waiver is granted. (Note--as announced in a November 17, 2015, Federal Register notice (FRN), petitions for CNL waivers are being considered under a separate timeline than that of the actions on CNLs set forth in this FRN). De minimis waivers: 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 ($22.5 million for 2015). Redesignations: 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, subject to the considerations in sections 501 and 502 of the 1974 Act, redesignate such an article for duty-free treatment if imports in the most recently completed calendar year did not exceed the CNLs. CNL waiver revocation: Under Section 503(d)(5) of the 1974 Act, a CNL waiver remains in effect until the President determines that it is no longer warranted due to changed circumstances. Section 503(d)(4)(B)(ii) of the 1974 Act, as amended by Public Law 109-432, also provides that, ``[n]ot later than July 1 of each year, the President should revoke any waiver that has then been in effect with respect to an article for five years or more if the beneficiary developing country has exported to the United States (directly or indirectly) during the preceding calendar year a quantity of the article--(I) having an appraised value in excess of 1.5 times the applicable amount set forth in subsection (c)(2)(A)(ii) for that calendar year ($255 million in 2015); or (II) exceeding 75 percent of the appraised value of the total imports of that article into the United States during that calendar year.'' Exclusions from GSP duty-free treatment where CNLs have been exceeded will be effective July 1, 2016, unless granted a waiver by the President. Any CNL-based exclusions, CNL waiver revocations, and decisions with respect to de minimis waivers and [[Page 10357]] redesignations will be based on full 2015 calendar year import data. II. 2015 Import Statistics In order to provide notice of articles that have exceeded the CNLs for 2015 and to afford an opportunity for comment regarding (1) potential de minimis waivers and (2) potential redesignations for 2015, USTR has posted product lists on the USTR Web site at https://ustr.gov/issue-areas/preference-programs/generalized-system-preferences-gsp/current-reviews/gsp-20152016 under the title ``2015 Import Statistics Relating to Competitive Need Limitations for the Generalized System of Preferences.'' These lists can also be found at www.regulations.gov in Docket Number USTR-2015-0013. There were no articles that were subject to CNL waiver revocation for 2015 based on the provisions of Section 503(d)(4)(B)(ii) of the 1974 Act, as amended by Public Law 109-432. Full 2015 calendar year data for individual tariff subheadings may also be viewed on the Web site of the U.S. International Trade Commission at http://dataweb.usitc.gov. The lists available on the USTR Web site contain, for each article, the Harmonized Tariff Schedule of the United States (HTSUS) subheading and BDC country of origin, the value of imports of the article for the 2015 calendar year, and the percentage of total U.S. imports of that article from all countries. The lists published on the USTR Web site are for informational purposes only. They may not include all articles to which the GSP CNLs may apply. All determinations and decisions regarding the CNLs of the GSP program will be based on full 2015 calendar year import data with respect to each GSP-eligible article. Each interested party is advised to conduct its own review of 2015 import data with respect to the possible application of the GSP CNL provisions. List I on the USTR Web site shows GSP-eligible articles from BDCs that exceeded a CNL by having been imported in excess of $170 million, or in a quantity equal to or greater than 50 percent of the total U.S. import value, in 2015. These products will be removed from eligibility for GSP for the subject countries on July 1, 2016, unless the President grants a waiver for the product for the subject country in response to a petition filed by an interested party. Such petitions for CNL waivers must have been previously submitted in the 2015/2016 GSP Annual Review. (See 80 FR 50376 and 80 FR 71913.) The last column in List I shows those products for which petitions have been accepted and are now under review. List II identifies GSP-eligible articles from BDCs that are above the 50 percent CNL, but that are eligible for a de minimis waiver of the 50 percent CNL. Articles eligible for de minimis waivers are automatically considered in the GSP annual review process, without the filing of a petition. List III shows GSP-eligible articles from certain BDCs that are currently not receiving GSP duty-free treatment, but that may be considered for GSP redesignation based on 2015 trade data and consideration of certain statutory factors. Recommendations to the President on de minimis waivers and redesignations will be made as part of the GSP annual review process, and public comments (including comments in support of or in opposition to de minimis waivers and redesignations) are invited in accordance with the Requirements for Submissions below. III. Public Comments Requirements for Submissions Written comments submitted in response to this notice must be submitted electronically by 5:00 p.m., Friday, April 1, 2016. All submissions must be made in English and submitted electronically via http://www.regulations.gov, using docket number USTR-2015-0013. Hand- delivered submissions will not be accepted. All submissions for the GSP Annual Review must conform to the GSP regulations set forth at 15 CFR part 2007, except as modified below. These regulations are available on the USTR Web site at https://ustr.gov/issue-areas/trade-development/preference-programs/generalized-system-preference-gsp/gsp-program-inf. Any person or party making a submission is strongly advised to review the GSP regulations as well as the GSP Guidebook, which is available at the same link. To make a submission using http://www.regulations.gov, enter docket number USTR-2015-0013 in the ``Search for'' field on the home page and click ``Search.'' The site will provide a search-results page listing all documents associated with this docket. Find a reference to this notice by selecting ``Notice'' under ``Document Type'' in the ``Filter Results by'' section on the left side of the screen and click on the link entitled ``Comment Now.'' The http://www.regulations.gov Web site offers the option of providing comments by filling in a ``Type Comment'' field or by attaching a document using the ``Upload file(s)'' field. The Subcommittee prefers that submissions be provided in an attached document and, in such cases, that parties note ``See attached'' in the ``Type Comment'' field on the online submission form. At the beginning of the submission, or on the first page (if an attachment), please note that the submission is in response to this Federal Register notice and indicate the specific product(s) (including the eight-digit HTSUS subheading) that is the subject of the comment and on which of the relevant lists described above (e.g., List I) it appears. Submissions should not exceed 30 single-spaced, standard letter-size pages in 12-point type, including attachments. Any data attachments to the submission should be included in the same file as the submission itself, and not as separate files. Each submitter will receive a submission tracking number upon completion of the submissions procedure at http://www.regulations.gov. The tracking number will be the submitter's confirmation that the submission was received into http://www.regulations.gov. The confirmation should be kept for the submitter's records. USTR is not responsible for any delays in a submission due to technical difficulties, nor is it able to provide any technical assistance for the http://www.regulations.gov Web site. Documents not submitted in accordance with these instructions may not be considered in this review. If an interested party is unable to provide submissions as requested, please contact the GSP program at USTR to arrange for an alternative method of transmission. Business Confidential Petitions An interested party requesting that information contained in a submission be treated as business confidential information must certify that such information is business confidential and would not customarily be released to the public by the submitter. Confidential business information must be clearly designated as such. The submission must be marked ``BUSINESS CONFIDENTIAL'' at the top and bottom of the cover page and each succeeding page, and the submission should indicate, via brackets, the specific information that is confidential. Additionally, ``Business Confidential'' must be included in the ``Type Comment'' field. For any submission containing business confidential information, a non-confidential version must be submitted separately (i.e., not as part of the same submission with the confidential version), indicating where [[Page 10358]] confidential information has been redacted. The non-confidential version will be placed in the docket and open to public inspection. Public Viewing of Review Submissions Submissions in response to this notice, except for information granted ``business confidential'' status under 15 CFR part 2003.6, will be available for public viewing pursuant to 15 CFR part 2007.6 at http://www.regulations.gov upon completion of processing, usually within two weeks of the relevant due date or date of the submission. Public versions of all documents relating to the 2015/2016 Annual Product Review will be made available for public viewing in docket USTR-2015-0013 at www.regulations.gov upon completion of processing. IV. Withdrawal of Certain CNL Waiver Petitions In a January 11, 2016 Federal Register notice (see 81 FR 1275), USTR announced the acceptance of CNL waiver petitions for the 2015/2016 GSP Annual Review. Following the release of full 2015 calendar year trade data, the following petitioners have withdrawn their CNL waiver petition from the 2015/2016 GSP Annual Review because the product imported from the subject GSP beneficiary country did not surpass the CNL thresholds for 2015:CamelBak Products LLC: HTS 4202.92.04 from the Philippines Government of Tunisia: HTS 1509.10.40 from Tunisia Government of Ukraine: HTS 2804.29.00 from Ukraine Lenox Corporation: HTS 6911.10.37 from Indonesia An updated list of the CNL waiver petitions being considered in the 2015/2016 review can be found on the USTR Web site at https://ustr.gov/issue-areas/preference-programs/generalized-system-preferences-gsp/current-reviews/gsp-20152016 under the title ``Product and CNL Waiver Petitions Accepted for the 2015/2016 GSP Annual Review.'' This list can also be found at www.regulations.gov in Docket Number USTR-2015-0013. William D. Jackson, Deputy Assistant U.S. Trade Representative for the Generalized System of Preferences, Office of the U.S. Trade Representative. [FR Doc. 2016-04301 Filed 2-26-16; 8:45 am] BILLING CODE 3290-F6-P
![10356 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices
to determine whether the proposed rule For the Commission, by the Division of year ($170 million for 2015), or (2) a
change should be disapproved. Trading and Markets, pursuant to delegated quantity of a GSP-eligible article having
authority.54 a value equal to or greater than 50
IV. Solicitation of Comments Robert W. Errett, percent of the value of total U.S. imports
Deputy Secretary. of the article from all countries (the ‘‘50
Interested persons are invited to
submit written data, views, and [FR Doc. 2016–04252 Filed 2–26–16; 8:45 am] percent’’ CNL), the President must
arguments concerning the foregoing, BILLING CODE 8011–01–P terminate GSP duty-free treatment for
including whether the proposed rule that article from that BDC by no later
change is consistent with the Act. than July 1 of the next calendar year,
Comments may be submitted by any of OFFICE OF THE UNITED STATES unless a waiver is granted. (Note—as
the following methods: TRADE REPRESENTATIVE announced in a November 17, 2015,
Federal Register notice (FRN), petitions
Electronic Comments 2015/2016 Generalized System of for CNL waivers are being considered
Preferences (GSP) Annual Product under a separate timeline than that of
• Use the Commission’s Internet Review: Inviting Public Comments on the actions on CNLs set forth in this
comment form (http://www.sec.gov/ Possible Actions Related to FRN).
rules/sro.shtml); or Competitive Need Limitations De minimis waivers: Under section
• Send an email to rule-comments@ 503(c)(2)(F) of the 1974 Act, the
sec.gov. Please include File Number SR– AGENCY: Office of the United States
President may waive the 50 percent
BATS–2016–14 on the subject line. Trade Representative.
CNL with respect to an eligible article
ACTION: Notice and solicitation of imported from a BDC if the value of
Paper Comments comments. total imports of that article from all
• Send paper comments in triplicate countries during the calendar year did
SUMMARY: This notice announces the
to Secretary, Securities and Exchange not exceed the applicable de minimis
availability of full 2015 calendar year
Commission, 100 F Street NE., amount for that year ($22.5 million for
import statistics relating to competitive
Washington, DC 20549–1090. 2015).
need limitations (CNLs) under the
Generalized System of Preferences Redesignations: Under section
All submissions should refer to File 503(c)(2)(C) of the 1974 Act, if imports
Number SR–BATS–2016–14. This file (GSP) program. The Office of the United
States Trade Representative (USTR) will of an eligible article from a BDC ceased
number should be included on the to receive duty-free treatment due to
subject line if email is used. To help the accept public comments submitted by
April 1, 2016, regarding: (1) Possible de exceeding a CNL in a prior year, the
Commission process and review your President may, subject to the
comments more efficiently, please use minimis CNL waivers; and (2) possible
redesignations of articles currently not considerations in sections 501 and 502
only one method. The Commission will of the 1974 Act, redesignate such an
post all comments on the Commission’s eligible for GSP benefits because they
previously exceeded the CNL article for duty-free treatment if imports
Internet Web site (http://www.sec.gov/ in the most recently completed calendar
thresholds. This notice also announces
rules/sro.shtml). Copies of the year did not exceed the CNLs.
the withdrawal by the petitioners of
submission, all subsequent CNL waiver revocation: Under Section
certain previously accepted CNL waiver
amendments, all written statements 503(d)(5) of the 1974 Act, a CNL waiver
petitions.
with respect to the proposed rule remains in effect until the President
change that are filed with the FOR FURTHER INFORMATION CONTACT:
determines that it is no longer
Commission, and all written Aimee Larsen, Director for GSP, Office warranted due to changed
communications relating to the of the United States Trade circumstances. Section 503(d)(4)(B)(ii)
proposed rule change between the Representative, 600 17th Street NW., of the 1974 Act, as amended by Public
Commission and any person, other than Washington DC 20508. The telephone Law 109–432, also provides that, ‘‘[n]ot
those that may be withheld from the number is (202) 395–2974 and the email later than July 1 of each year, the
public in accordance with the address is Aimee_B_Larsen@ President should revoke any waiver that
provisions of 5 U.S.C. 552, will be ustr.eop.gov. has then been in effect with respect to
available for Web site viewing and DATES: Public comments are due by 5:00 an article for five years or more if the
printing in the Commission’s Public p.m., Friday, April 1, 2016. beneficiary developing country has
Reference Room, 100 F Street NE., SUPPLEMENTARY INFORMATION: exported to the United States (directly
Washington, DC 20549, on official or indirectly) during the preceding
business days between the hours of I. Statutory Provisions Related to CNLs calendar year a quantity of the article—
10:00 a.m. and 3:00 p.m. Copies of the The GSP program provides for the (I) having an appraised value in excess
filing will also be available for duty-free importation of designated of 1.5 times the applicable amount set
inspection and copying at the principal articles when imported from designated forth in subsection (c)(2)(A)(ii) for that
office of the Exchange. All comments beneficiary developing countries calendar year ($255 million in 2015); or
received will be posted without change; (BDCs). The GSP program is authorized (II) exceeding 75 percent of the
the Commission does not edit personal by Title V of the Trade Act of 1974 (19 appraised value of the total imports of
identifying information from U.S.C. 2461, et seq.), as amended (the that article into the United States during
asabaliauskas on DSK5VPTVN1PROD with NOTICES
submissions. You should submit only ‘‘1974 Act’’). that calendar year.’’
information that you wish to make Section 503(c)(2)(A) of the 1974 Act Exclusions from GSP duty-free
available publicly. All submissions sets out the two CNLs. When the treatment where CNLs have been
should refer to File No. SR–BATS– President determines that a BDC exceeded will be effective July 1, 2016,
2016–14 and should be submitted on or exported to the United States during a unless granted a waiver by the
before March 21, 2016. calendar year either: (1) A quantity of a President. Any CNL-based exclusions,
GSP-eligible article having a value in CNL waiver revocations, and decisions
54 17 CFR 200.30–3(a)(12). excess of the applicable amount for that with respect to de minimis waivers and
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![10358 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices
confidential information has been DEPARTMENT OF TRANSPORTATION new electronic award and management
redacted. The non-confidential version system. The proposed circular provides
will be placed in the docket and open Federal Motor Carrier Safety guidance regarding the management
to public inspection. Administration responsibilities accompanying FTA
awards of federal assistance through
Public Viewing of Review Submissions Sunshine Act Meetings; Unified Carrier Grants and Cooperative Agreements. By
Registration Plan Board of Directors this notice, FTA seeks public comment
Submissions in response to this
AGENCY: Federal Motor Carrier Safety on the proposed circular.
notice, except for information granted
‘‘business confidential’’ status under 15 Administration (FMCSA), DOT. DATES: Comments must be submitted by
CFR part 2003.6, will be available for ACTION: Notice of Unified Carrier April 29, 2016. Late-filed comments will
public viewing pursuant to 15 CFR part Registration Plan Board of Directors be considered to the extent practicable.
2007.6 at http://www.regulations.gov meeting. ADDRESSES: Please submit your
upon completion of processing, usually comments by only one of the following
Time and Date: The meeting will be methods, identifying your submission
within two weeks of the relevant due
held on March 17, 2016, from 12:00 by DOT Docket Number FTA–2015–
date or date of the submission. Public
Noon to 3:00 p.m., Eastern Daylight 0030. All electronic submissions must
versions of all documents relating to the Time. be made to the U.S. Government
2015/2016 Annual Product Review will Place: This meeting will be open to electronic site at http://
be made available for public viewing in the public via conference call. Any www.regulations.gov.
docket USTR–2015–0013 at interested person may call 1–877–422– Federal e-Rulemaking Portal: Go to
www.regulations.gov upon completion 1931, passcode 2855443940, to listen http://www.regulations.gov and follow
of processing. and participate in this meeting. the online instructions for submitting
IV. Withdrawal of Certain CNL Waiver Status: Open to the public. comments.
Petitions Matters to be considered: The Unified Mail: Docket Management Facility:
Carrier Registration Plan Board of U.S. Department of Transportation, 1200
In a January 11, 2016 Federal Register Directors (the Board) will continue its New Jersey Avenue SE., West Building,
notice (see 81 FR 1275), USTR work in developing and implementing Ground Floor, Room W12–140,
announced the acceptance of CNL the Unified Carrier Registration Plan Washington, DC 20590–0001.
waiver petitions for the 2015/2016 GSP and Agreement and to that end, may Hand Delivery or Courier: West
Annual Review. Following the release of consider matters properly before the Building Ground Floor, Room W12–140,
full 2015 calendar year trade data, the Board. 1200 New Jersey Avenue SE., between
following petitioners have withdrawn For further information contact: Mr. 9 a.m. and 5 p.m. Eastern time, Monday
Avelino Gutierrez, Chair, Unified through Friday, except Federal holidays.
their CNL waiver petition from the
Carrier Registration Board of Directors at Fax: 202–493–2251.
2015/2016 GSP Annual Review because Instructions: You must include the
(505) 827–4565.
the product imported from the subject agency name (Federal Transit
GSP beneficiary country did not surpass Dated: February 17, 2016.
Administration) and Docket number
the CNL thresholds for 2015: Larry W. Minor,
(FTA–2015–0030) for this notice at the
• CamelBak Products LLC: HTS Associate Administrator, Office of Policy, beginning of each submission of your
Federal Motor Carrier Safety Administration.
4202.92.04 from the Philippines comments. Submit two copies of your
[FR Doc. 2016–04460 Filed 2–25–16; 4:15 pm]
• Government of Tunisia: HTS comments if you submit them by mail.
BILLING CODE 4910–EX–P For confirmation that FTA received
1509.10.40 from Tunisia
your comments, include a self-
• Government of Ukraine: HTS addressed stamped postcard. All
2804.29.00 from Ukraine DEPARTMENT OF TRANSPORTATION comments received will be posted
• Lenox Corporation: HTS 6911.10.37 Federal Transit Administration without change to www.regulations.gov
from Indonesia including any personal information
[Docket No. FTA–2015–0030] provided and will be available to
An updated list of the CNL waiver
internet users. You may review DOT’s
petitions being considered in the 2015/ Award Management Requirements: complete Privacy Act Statement
2016 review can be found on the USTR Proposed Circular published in the Federal Register on
Web site at https://ustr.gov/issue-areas/ April 11, 2000 (65 FR 19477) or http://
preference-programs/generalized- AGENCY: Federal Transit Administration
(FTA), DOT. DocketsInfo.dot.gov.
system-preferences-gsp/current-reviews/ Docket: For access to the docket to
gsp-20152016 under the title ‘‘Product ACTION: Notice of availability of
proposed circular and request for read background documents and
and CNL Waiver Petitions Accepted for comments received, go to
the 2015/2016 GSP Annual Review.’’ comments.
www.regulations.gov at any time or to
This list can also be found at SUMMARY: FTA has placed in the docket the U.S. Department of Transportation,
www.regulations.gov in Docket Number and on its Web site proposed guidance 1200 New Jersey Avenue SE., Docket
USTR–2015–0013. in the form of proposed FTA Circular, Operations, M–30, West Building
asabaliauskas on DSK5VPTVN1PROD with NOTICES
5010.1E, ‘‘Award Management Ground Floor, Room W12–140,
William D. Jackson,
Requirements,’’ to facilitate Washington, DC 20590 between 9:00
Deputy Assistant U.S. Trade Representative a.m. and 5:00 p.m. Eastern Standard
implementation of FTA’s assistance
for the Generalized System of Preferences, Time, Monday through Friday, except
Office of the U.S. Trade Representative.
programs. The purpose of the proposed
circular is to update the current ‘‘Grants Federal holidays.
[FR Doc. 2016–04301 Filed 2–26–16; 8:45 am]
Management Requirements’’ circular to FOR FURTHER INFORMATION CONTACT: For
BILLING CODE 3290–F6–P
reflect various changes in the law, program matters, contact Pamela A.
regulations, and FTA’s transition to a Brown, FTA Office of Program
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Document Created: 2016-02-27 02:04:48
Document Modified: 2016-02-27 02:04:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and solicitation of comments. | |
| Dates | Public comments are due by 5:00 p.m., Friday, April 1, 2016. | |
| Contact | Aimee Larsen, Director for GSP, Office of the United States Trade Representative, 600 17th Street NW., Washington DC 20508. The telephone number is (202) 395-2974 and the | |
| FR Citation | 81 FR 10356 |
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