81 FR 2904 - Generalized System of Preferences: Possible Modifications, 2015 Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 11 (January 19, 2016)

Following receipt of a request on December 30, 2015, from the United States Trade Representative (USTR), the U.S. International Trade Commission (Commission) instituted investigation No. 332-556, Generalized System of Preferences: Possible Modifications, 2015 Review, for the purpose of providing advice and information relating to the possible designation of additional articles, removal of articles, and waiver of competitive need limitations.

[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Notices]
[Pages 2904-2907]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00771]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-556]


Generalized System of Preferences: Possible Modifications, 2015 
Review

AGENCY: United States International Trade Commission.

ACTION: Notice of institution of investigation and scheduling of public 
hearing.

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SUMMARY: Following receipt of a request on December 30, 2015, from the 
United States Trade Representative (USTR), the U.S. International Trade 
Commission (Commission) instituted investigation No. 332-556, 
Generalized System of Preferences: Possible Modifications, 2015 Review, 
for the purpose of providing advice and information relating to the 
possible designation of additional articles, removal of articles, and 
waiver of competitive need limitations.

DATES: 
    February 1, 2016: Deadline for filing requests to appear at the 
public hearing.
    February 3, 2016: Deadline for filing pre-hearing briefs and 
statements.
    February 24, 2016: Public hearing.
    February 29, 2016: Deadline for filing post-hearing briefs and 
statements.
    February 29, 2016: Deadline for filing all other written 
submissions.
    April 28, 2016: Transmittal of Commission report to the United 
States Trade Representative.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Information specific to this 
investigation may be obtained from Mahnaz Khan, Project Leader, Office 
of Industries (202-205-2046 or [email protected]), Jessica 
Pugliese, Deputy Project Leader, Office of Industries (202-205-3064 or 
[email protected]), or Cynthia Foreso, Technical Advisor, 
Office of Industries (202-205-3348 or [email protected]). For 
information on the legal aspects of this investigation, contact William 
Gearhart of the Commission's Office of the General Counsel (202-205-
3091 or [email protected]). The media should contact Margaret 
O'Laughlin, Office of External Relations (202-205-1819 or 
[email protected]). Hearing-impaired individuals may obtain 
information on this matter by contacting the Commission's TDD terminal 
at 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its Web site (http://www.usitc.gov). Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000.

Background

    In his letter, the USTR requested the advice and information 
described below.
    (1) Advice concerning the probable economic effect of elimination 
of U.S. import duties on certain articles from all beneficiary 
developing countries under the GSP program. In accordance with sections 
503(a)(1)(A), 503(e), and 131(a) of the Trade Act of 1974, as amended 
(``the 1974 Act'') (19 U.S.C. 2463(a)(1)(A), 2463(e), and 2151(a)), and 
pursuant to the authority of the President delegated to the USTR by 
sections 4(c) and 8(c) and (d) of Executive Order 11846 of March 31, 
1975, as amended, and pursuant to section 332(g) of the Tariff Act of 
1930 (19 U.S.C. 1332(g)), the USTR notified the Commission that the 
articles identified in Table A of the Annex to the USTR request letter 
are being considered for designation as eligible articles for purposes 
of the GSP program. The USTR requested that the

[[Page 2905]]

Commission provide its advice as to the probable economic effect on 
total U.S. imports, U.S. industries producing like or directly 
competitive articles, and on U.S. consumers of the elimination of U.S. 
import duties on the articles identified in Table A of the Annex to the 
USTR request letter for all beneficiary developing countries under the 
GSP program (see Table A below).
    (2) Advice concerning the probable economic effect of elimination 
of U.S. import duties on certain handbags and travel goods products for 
least-developed beneficiary developing countries (LDBDCs) and certain 
African Growth and Opportunity (AGOA) countries. In accordance with 
sections 503(a)(1)(B), 503(e), 506A(b)(1), and 131(a) of the 1974 Act, 
and pursuant to the authority of the President delegated to the USTR by 
sections 4(c) and 8(c) and (d) of Executive Order 11846 of March 31, 
1975, as amended, and pursuant to section 332(g) of the Tariff Act of 
1930, the USTR notified the Commission that certain handbags and travel 
goods products identified in Table A of the Annex to the USTR request 
letter are also being considered for designation as eligible articles 
for countries designated as least-developed beneficiary developing 
countries (LDBDCs) and for countries listed in section 107 of the 
African Growth and Opportunity Act (AGOA) (19 U.S.C. 3706). The USTR 
requested that the Commission provide its advice as to the probable 
economic effect on total U.S. imports, U.S. industries producing like 
or directly competitive articles, and on U.S. consumers of the 
elimination of U.S. import duties on certain handbag and travel goods 
products identified in Table A for LDBDCs, AGOA beneficiary developing 
countries, and both LDBDCs and AGOA beneficiary developing countries 
combined under the GSP program (see Table A below).

Table A--Possible Additions to the List of Products Eligible for the GSP
                            Eligible Products
------------------------------------------------------------------------
      HTS Subheading or
statistical reporting number    Brief description       Country(ies)
------------------------------------------------------------------------
2204.21.20..................  Effervescent wine...  Beneficiary
                                                     Developing
                                                     Countries.
3301.13.00..................  Essential oils of     Beneficiary
                               lemon.                Developing
                                                     Countries.
7202.11.50..................  Ferromanganese        Beneficiary
                               containing by         Developing
                               weight more than 4    Countries.
                               percent of carbon.
4202.11.00; 4202.11.00.30;    Certain handbags and  Beneficiary
 4202.11.00.90; 4202.12.40;    travel goods          Developing
 4202.21.60; 4202.21.90;       products.             Countries, Less
 4202.22.15; 4202.22.45;                             Developed
 4202.31.60; 4202.32.40;                             Beneficiary
 4202.32.80; 4202.92.15;                             Developing
 4202.92.20; 4202.92.45;                             countries, and AGOA
 4202.99.90; 4202.12.20.20;                          countries.
 4202.12.20.50;
 4202.12.80.30;
 4202.12.80.70;
 4202.22.80.50;
 4202.32.95.50;
 4202.32.95.60;
 4202.91.00.30;
 4202.91.00.90.
------------------------------------------------------------------------

    (3) Advice concerning the probable economic effect of removal of 
certain articles from specified countries from eligibility for duty-
free treatment. The USTR notified the Commission that certain articles 
are being considered for removal from eligibility for duty free 
treatment under the GSP program from specified countries. Under 
authority delegated by the President, pursuant to section 332(g) of the 
Tariff Act of 1930, with respect to articles listed in Table B of the 
Annex to the USTR request letter, the USTR requested that the 
Commission provide its advice as to the probable economic effect of the 
removal from eligibility for duty-free treatment under the GSP program 
for such articles from the specified country on total U.S. imports, 
U.S. industries producing like or directly competitive articles, and on 
U.S. consumers (see Table B below).

   Table B--Possible Removals From Duty-Free Status From the Specified
   Country for a Product on the List of Eligible Articles for the GSP
------------------------------------------------------------------------
       HTS Subheading           Brief description          Country
------------------------------------------------------------------------
3204.20.10..................  Fluorescent           India and Indonesia.
                               brightening agent
                               32.
3204.20.80..................  Other fluorescent     India and Indonesia.
                               brightening agents.
3907.60.00..................  PET resin             India.
                               (polyethylene
                               terephthalate in
                               primary forms).
3920.62.00..................  Nonadhesive plates,   Brazil.
                               sheets, film, foil
                               and strip,
                               noncellular, of
                               polyethylene
                               terephthalate.
3921.90.40..................  Nonadhesive plates,   Brazil.
                               sheets, film, foil
                               and strip,
                               flexible, nesoi, of
                               noncellular
                               plastics.
------------------------------------------------------------------------

    (4) Advice concerning waiver of certain competitive need 
limitations. Under authority delegated by the President, pursuant to 
section 332(g) of the Tariff Act of 1930, and in accordance with 
section 503(d)(1)(A) of the 1974 Act, the USTR requested that the 
Commission provide advice on whether any industry in the United States 
is likely to be adversely affected by a waiver of the competitive need 
limitations specified in section 503(c)(2)(A) of the 1974 Act for the 
countries and articles specified in Table C of the attached Annex to 
the request letter (see Table C below). Further, in accordance with 
section 503(c)(2)(E) of the 1974 Act, the USTR requested that the 
Commission provide its advice with respect to whether like or directly 
competitive products were being produced in the United States on 
January 1, 1995. The USTR also requested that the Commission provide 
its advice as to the probable economic effect on total U.S. imports, as 
well as on consumers, of the requested waivers. With respect to the 
competitive need limit in section 503(c)(2(A)(i)(I) of the 1974 Act, 
the USTR requested that the

[[Page 2906]]

Commission use the dollar value limit of $170,000,000.

      Table C--Possible Waivers of the CNL From a Specific Country
------------------------------------------------------------------------
       HTS Subheading           Brief description          Country
------------------------------------------------------------------------
0804.10.60..................  Dates, fresh or       Tunisia.
                               dried, whole,
                               without pits,
                               packed in units
                               weighing over 4.6
                               kg.
1509.10.40..................  Virgin olive oil and  Tunisia.
                               its fractions,
                               whether or not
                               refined, not
                               chemically
                               modified, weighing
                               with the immediate
                               container 18 kg or
                               over.
2102.20.60..................  Single-cell micro-    Brazil.
                               organisms, dead,
                               excluding yeasts,
                               (but not including
                               vaccines of heading
                               3002).
2202.90.90..................  Nonalcoholic          Thailand.
                               beverages, nesi,
                               not including fruit
                               or vegetable juices
                               of heading 2009.
2804.29.00..................  Rare gases, other     Ukraine.
                               than argon.
4202.92.04..................  Insulated beverage    Philippines.
                               bag w/outer surface
                               textiles, interior
                               only flexible
                               plastic container
                               storing/dispensing
                               beverage thru
                               flexible tubing.
6911.10.37..................  Porcelain or china    Indonesia.
                               (o/than bone china)
                               household table &
                               kitchenware in sets
                               in which aggregate
                               val. of arts./U.S.
                               note 6(b) o/$56 n/o
                               $200.
8708.50.95..................  Parts & accessories   India.
                               of motor vehicle of
                               8701, nesoi, 8702
                               and 8704-8705, half-
                               shafts.
------------------------------------------------------------------------

    Time for reporting, HTS detail, portions of report to be 
classified. As requested by the USTR, the Commission will provide the 
requested advice and information by April 28, 2016. The USTR asked that 
the Commission issue, as soon as possible thereafter, a public version 
of the report containing only the unclassified information, with any 
confidential business information deleted. As requested, the Commission 
will provide its advice and statistics (profile of the U.S. industry 
and market and U.S. import and export data) and any other relevant 
information or advice separately and individually for each U.S. 
Harmonized Tariff Schedule subheading for all products subject to the 
request. The USTR indicated that those sections of the Commission's 
report and working papers that contain the Commission's advice and 
assessment will be classified as ``confidential.'' The USTR also stated 
that his office considers the Commission's report to be an inter-agency 
memorandum that will contain pre-decisional advice and be subject to 
the deliberative process privilege.

Public Hearing

    A public hearing in connection with this investigation will be held 
at the U.S. International Trade Commission Building, 500 E Street SW., 
Washington, DC, beginning at 9:30 a.m. on February 24, 2016. Requests 
to appear at the public hearing should be filed with the Secretary no 
later than 5:15 p.m., February 1, 2016. All pre-hearing briefs and 
statements should be filed no later than 5:15 p.m., February 3, 2016; 
and all post-hearing briefs and statements should be filed no later 
than 5:15 p.m., February 29, 2016. All requests to appear, and pre- and 
post-hearing briefs and statements should be filed in accordance with 
the requirements of the ``written submissions'' section below.

Written Submissions

    In lieu of or in addition to appearing at the hearing, interested 
parties are invited to file written submissions concerning this 
investigation. All written submissions should be addressed to the 
Secretary, and should be received not later than 5:15 p.m., February 
29, 2016. All written submissions must conform with the provisions of 
section 201.8 of the Commission's Rules of Practice and Procedure (19 
CFR 201.8). Section 201.8 and the Commission's Handbook on Filing 
Procedures require that interested parties file documents 
electronically on or before the filing deadline and submit eight (8) 
true paper copies by 12:00 p.m. eastern time on the next business day. 
In the event that confidential treatment of a document is requested, 
interested parties must file, at the same time as the eight paper 
copies, at least four (4) additional true paper copies in which the 
confidential information must be deleted (see the following paragraph 
for further information regarding confidential business information). 
Persons with questions regarding electronic filing should contact the 
Office of the Secretary, Docket Services Division (202-205-1802).
    Any submissions that contain confidential business information must 
also conform with the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
is clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by interested parties.
    The Commission may include some or all of the confidential business 
information submitted in the course of this investigation in the report 
it sends to the USTR. Additionally, all information, including 
confidential business information, submitted in this investigation may 
be disclosed to and used: (i) By the Commission, its employees and 
Offices, and contract personnel (a) for developing or maintaining the 
records of this or a related proceeding, or (b) in internal 
investigations, audits, reviews, and evaluations relating to the 
programs, personnel, and operations of the Commission including under 5 
U.S.C. Appendix 3; or (ii) by U.S. government employees and contract 
personnel (a) for cybersecurity purposes or (b) in monitoring user 
activity on U.S. government classified networks. The Commission will 
not otherwise disclose any confidential business information in a 
manner that would reveal the operations of the firm supplying the 
information.

[[Page 2907]]

Summaries of Written Submissions

    The Commission intends to publish summaries of the positions of 
interested persons. Persons wishing to have a summary of their position 
included in the report should include a summary with their written 
submission. The summary may not exceed 500 words, should be in MSWord 
format or a format that can be easily converted to MSWord, and should 
not include any confidential business information. The summary will be 
published as provided if it meets these requirements and is germane to 
the subject matter of the investigation. The Commission will identify 
the name of the organization furnishing the summary and will include a 
link to the Commission's Electronic Document Information System (EDIS) 
where the full written submission can be found.

    By order of the Commission.

    Issued: January 12, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-00771 Filed 1-15-16; 8:45 am]
 BILLING CODE 7020-02-P