82 FR 12487 - 2016/2017 Generalized System of Preferences (GSP) Annual Product Review: Notice of Availability of Annual Statistics, Acceptance of Public Comments and Withdrawal of Certain Petitions
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Federal Register Volume 82, Issue 41 (March 3, 2017)
Federal Register Volume 82, Issue 41 (March 3, 2017)
| Page Range | 12487-12488 | |
| FR Document | 2017-04121 |
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)] [Notices] [Pages 12487-12488] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04121] ======================================================================= ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. USTR-2016-2009] 2016/2017 Generalized System of Preferences (GSP) Annual Product Review: Notice of Availability of Annual Statistics, Acceptance of Public Comments and Withdrawal of Certain Petitions AGENCY: Office of the United States Trade Representative. ACTION: Request for comments. ----------------------------------------------------------------------- SUMMARY: The Office of the United States Trade Representative (USTR) is announcing the availability of full 2016 calendar year import statistics relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program. USTR will accept public comments submitted by March 22, 2017, 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. USTR also is announcing the withdrawal by the petitioners of certain previously accepted CNL waiver petitions. DATES: Written comments are due by midnight, Wednesday, March 22, 2017. ADDRESSES: You should submit written comments through the Federal eRulemaking Portal: http://www.regulations.gov using docket number USTR-2016-0009. Follow the instructions for submitting comments in section III below. For alternatives to on-line submissions, please contact USTR at gsp@ustr.eop.gov before transmitting a comment and in advance of the deadline. FOR FURTHER INFORMATION CONTACT: Naomi Freeman, 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 gsp@ustr.eop.gov. 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 (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 ($175 million for 2016), 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. 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 ($23 million for 2016). 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. Exclusions from GSP duty-free treatment where CNLs have been exceeded will be effective July 1, 2017, unless the President grants a waiver. Any CNL-based exclusions, CNL waiver revocations, and decisions with respect to de minimis waivers and redesignations will be based on full 2016 calendar year import data. II. 2016 Import Statistics In order to provide notice of articles that have exceeded the CNLs for 2016 and to afford an opportunity for comment regarding (1) potential de minimis waivers and (2) potential redesignations for 2016, 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-20162017 under the title ``2016 Import Statistics Relating to Competitive Need Limitations for GSP''. You also can find these lists at www.regulations.gov in Docket Number USTR-2016-0009. There were no articles that were subject to CNL waiver revocation for 2016 based on the provisions of section 503(d)(4)(B)(ii) of the 1974 Act, as amended by Public Law 109-432. You can view full 2016 calendar year data for individual tariff subheadings 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 2016 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 2016 calendar year import data with respect to each GSP-eligible article. We advise each interested party to conduct its own review of 2016 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 exported in excess of $175 million, or in a quantity equal to or greater than 50 percent of the total U.S. import value, in 2016. These products will be removed from eligibility for GSP for the subject countries on July 1, 2017, 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 2016/2017 GSP Annual Review. (See 80 FR 50376 and 80 FR 71913). The last column in List I shows the product for which a petition has been accepted and is now under review. List II identifies GSP-eligible articles from BDCs that are above the 50 percent [[Page 12488]] 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 currently are not receiving GSP duty-free treatment, but may be considered for GSP redesignation based on 2016 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. You must submit written comments submitted in response to this notice electronically by midnight, Wednesday, March 22, 2017. All submissions must be made in English and submitted electronically via http://www.regulations.gov using docket number USTR-2016-0009. USTR will not accept hand-delivered submissions. 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. We strongly advise any person or party making a submission 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-2016-0009 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. We strongly prefer that you provide submissions 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, which you should keep, is your confirmation that the submission was received into http://www.regulations.gov. 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 the information is business confidential and would not customarily be released to the public by the submitter. You must clearly designate confidential business information by marking the submission ``BUSINESS CONFIDENTIAL'' at the top and bottom of the cover page and on each succeeding page, and indicating 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, you separately must submit a non-confidential version (i.e., not as part of the same submission with the confidential version), indicating where confidential information has been redacted. We will place the non-confidential version in the docket and it will be 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. We will make public versions of all documents relating to the 2016/2017 Annual Product Review available for public viewing in docket USTR-2016-0009 at www.regulations.gov upon completion of processing. IV. Withdrawal of Certain CNL Waiver Petitions In a January 23, 2017 Federal Register notice (82 FR 7915), USTR announced the acceptance of CNL waiver petitions for the 2016/2017 GSP Annual Review. Following the release of full 2016 calendar year trade data, the following CNL waiver petitions have been withdrawn from the 2016/2017 GSP Annual Review because the product imported from the subject GSP beneficiary country did not surpass the CNL thresholds for 2016:HTS 6802.99.00 from Brazil HTS 0714.90.10 from Ecuador HTS 0410.00.00 and HTS 4011.20.10 from Indonesia HTS 8525.80.30 and HTS 9001.50.00 from Thailand The CNL waiver petition for HTS 4409.10.05 from Brazil is being considered in the 2016/2017 Annual Review. Erland Herfindahl, Deputy Assistant U.S. Trade Representative for the Generalized System of Preferences, Office of the U.S. Trade Representative. [FR Doc. 2017-04121 Filed 3-2-17; 8:45 am] BILLING CODE 3290-F7-P
![Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices 12487
FOR FURTHER INFORMATION CONTACT: line submissions, please contact USTR II. 2016 Import Statistics
Pedro Ramirez at (202) 245–0333. at gsp@ustr.eop.gov before transmitting In order to provide notice of articles
Assistance for the hearing impaired is a comment and in advance of the that have exceeded the CNLs for 2016
available through the Federal deadline. and to afford an opportunity for
Information Relay Service (FIRS) at 1– FOR FURTHER INFORMATION CONTACT: comment regarding (1) potential de
800–877–8339. Naomi Freeman, Director for GSP, minimis waivers and (2) potential
SUPPLEMENTARY INFORMATION: The Office of the United States Trade redesignations for 2016, USTR has
Board’s decision is posted on the Representative, 600 17th Street NW., posted product lists on the USTR Web
Board’s Web site, http://www.stb.gov. Washington, DC 20508. The telephone site at https://ustr.gov/issue-areas/
Copies of the decision may be number is (202) 395–2974 and the email preference-programs/generalized-
purchased by contacting the Board’s address is gsp@ustr.eop.gov. system-preferences-gsp/current-reviews/
Office of Public Assistance, SUPPLEMENTARY INFORMATION: gsp-20162017 under the title ‘‘2016
Governmental Affairs, and Compliance Import Statistics Relating to Competitive
at (202) 245–0238. Assistance for the I. Statutory Provisions Related to CNLs Need Limitations for GSP’’. You also
hearing impaired is available through The GSP program provides for the can find these lists at
FIRS at 1–800–877–8339. duty-free importation of designated www.regulations.gov in Docket Number
Authority: 49 U.S.C. 10704(a) articles when imported from designated USTR–2016–0009. There were no
Decided: February 27, 2017. beneficiary developing countries articles that were subject to CNL waiver
(BDCs). The GSP program is authorized revocation for 2016 based on the
By the Board, Board Members Begeman,
Elliott, and Miller.
by Title V of the Trade Act of 1974 (19 provisions of section 503(d)(4)(B)(ii) of
U.S.C. 2461, et seq.), as amended (1974 the 1974 Act, as amended by Public Law
Marline Simeon,
Act). Section 503(c)(2)(A) of the 1974 109–432. You can view full 2016
Clearance Clerk. Act sets out the two CNLs. When the calendar year data for individual tariff
[FR Doc. 2017–04133 Filed 3–2–17; 8:45 am] President determines that a BDC subheadings on the Web site of the U.S.
BILLING CODE 4915–01–P exported to the United States during a International Trade Commission at
calendar year either: (1) A quantity of a http://dataweb.usitc.gov.
GSP-eligible article having a value in The lists available on the USTR Web
OFFICE OF THE UNITED STATES excess of the applicable amount for that site contain, for each article, the
TRADE REPRESENTATIVE year ($175 million for 2016), or (2) a Harmonized Tariff Schedule of the
[Docket No. USTR–2016–2009] quantity of a GSP-eligible article having United States (HTSUS) subheading and
a value equal to or greater than 50 BDC country of origin, the value of
2016/2017 Generalized System of percent of the value of total U.S. imports imports of the article for the 2016
Preferences (GSP) Annual Product of the article from all countries (the ‘‘50 calendar year, and the percentage of
Review: Notice of Availability of percent’’ CNL), the President must total U.S. imports of that article from all
Annual Statistics, Acceptance of terminate GSP duty-free treatment for countries.
Public Comments and Withdrawal of that article from that BDC by no later The lists published on the USTR Web
Certain Petitions than July 1 of the next calendar year, site are for informational purposes only.
unless a waiver is granted. They may not include all articles to
AGENCY: Office of the United States De minimis waivers: Under section which the GSP CNLs may apply. All
Trade Representative. 503(c)(2)(F) of the 1974 Act, the determinations and decisions regarding
ACTION: Request for comments. President may waive the 50 percent the CNLs of the GSP program will be
CNL with respect to an eligible article based on full 2016 calendar year import
SUMMARY: The Office of the United imported from a BDC if the value of data with respect to each GSP-eligible
States Trade Representative (USTR) is total imports of that article from all article. We advise each interested party
announcing the availability of full 2016 countries during the calendar year did to conduct its own review of 2016
calendar year import statistics relating not exceed the applicable de minimis import data with respect to the possible
to competitive need limitations (CNLs) amount for that year ($23 million for application of the GSP CNL provisions.
under the Generalized System of 2016). List I on the USTR Web site shows
Preferences (GSP) program. USTR will Redesignations: Under section GSP-eligible articles from BDCs that
accept public comments submitted by 503(c)(2)(C) of the 1974 Act, if imports exceeded a CNL by having been
March 22, 2017, regarding: (1) Possible of an eligible article from a BDC ceased exported in excess of $175 million, or in
de minimis CNL waivers; and (2) to receive duty-free treatment due to a quantity equal to or greater than 50
possible redesignations of articles exceeding a CNL in a prior year, the percent of the total U.S. import value, in
currently not eligible for GSP benefits President may, subject to the 2016. These products will be removed
because they previously exceeded the considerations in sections 501 and 502 from eligibility for GSP for the subject
CNL thresholds. USTR also is of the 1974 Act, redesignate such an countries on July 1, 2017, unless the
announcing the withdrawal by the article for duty-free treatment if imports President grants a waiver for the
petitioners of certain previously in the most recently completed calendar product for the subject country in
accepted CNL waiver petitions. year did not exceed the CNLs. response to a petition filed by an
DATES: Written comments are due by Exclusions from GSP duty-free interested party. Such petitions for CNL
midnight, Wednesday, March 22, 2017. treatment where CNLs have been waivers must have been previously
mstockstill on DSK3G9T082PROD with NOTICES
ADDRESSES: You should submit written exceeded will be effective July 1, 2017, submitted in the 2016/2017 GSP Annual
comments through the Federal unless the President grants a waiver. Review. (See 80 FR 50376 and 80 FR
eRulemaking Portal: http:// Any CNL-based exclusions, CNL waiver 71913). The last column in List I shows
www.regulations.gov using docket revocations, and decisions with respect the product for which a petition has
number USTR–2016–0009. Follow the to de minimis waivers and been accepted and is now under review.
instructions for submitting comments in redesignations will be based on full List II identifies GSP-eligible articles
section III below. For alternatives to on- 2016 calendar year import data. from BDCs that are above the 50 percent
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![12488 Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices
CNL, but that are eligible for a de At the beginning of the submission, or available for public viewing pursuant to
minimis waiver of the 50 percent CNL. on the first page (if an attachment), 15 CFR part 2007.6 at http://
Articles eligible for de minimis waivers please note that the submission is in www.regulations.gov upon completion
are automatically considered in the GSP response to this Federal Register notice of processing, usually within two weeks
annual review process, without the and indicate the specific product(s) of the relevant due date or date of the
filing of a petition. (including the eight-digit HTSUS submission. We will make public
List III shows GSP-eligible articles subheading) that is the subject of the versions of all documents relating to the
from certain BDCs that currently are not comment and on which of the relevant 2016/2017 Annual Product Review
receiving GSP duty-free treatment, but lists described above, (e.g., List I) it available for public viewing in docket
may be considered for GSP appears. Submissions should not exceed USTR–2016–0009 at
redesignation based on 2016 trade data 30 single-spaced, standard letter-size www.regulations.gov upon completion
and consideration of certain statutory pages in 12-point type, including of processing.
factors. Recommendations to the attachments. Any data attachments to
President on de minimis waivers and the submission should be included in IV. Withdrawal of Certain CNL Waiver
redesignations will be made as part of the same file as the submission itself, Petitions
the GSP annual review process, and and not as separate files. In a January 23, 2017 Federal Register
public comments (including comments Each submitter will receive a notice (82 FR 7915), USTR announced
in support of or in opposition to de submission tracking number upon the acceptance of CNL waiver petitions
minimis waivers and redesignations) are completion of the submissions for the 2016/2017 GSP Annual Review.
invited in accordance with the procedure at http:// Following the release of full 2016
Requirements for Submissions below. www.regulations.gov. The tracking calendar year trade data, the following
number, which you should keep, is your CNL waiver petitions have been
III. Public Comments
confirmation that the submission was withdrawn from the 2016/2017 GSP
Requirements for Submissions. You received into http:// Annual Review because the product
must submit written comments www.regulations.gov. USTR is not imported from the subject GSP
submitted in response to this notice responsible for any delays in a beneficiary country did not surpass the
electronically by midnight, Wednesday, submission due to technical difficulties, CNL thresholds for 2016:
March 22, 2017. All submissions must nor is it able to provide any technical • HTS 6802.99.00 from Brazil
be made in English and submitted assistance for the http:// • HTS 0714.90.10 from Ecuador
electronically via http:// www.regulations.gov Web site. • HTS 0410.00.00 and HTS 4011.20.10
www.regulations.gov using docket Documents not submitted in accordance from Indonesia
number USTR–2016–0009. USTR will with these instructions may not be • HTS 8525.80.30 and HTS 9001.50.00
not accept hand-delivered submissions. considered in this review. If an from Thailand
All submissions for the GSP Annual interested party is unable to provide
Review must conform to the GSP The CNL waiver petition for HTS
submissions as requested, please contact 4409.10.05 from Brazil is being
regulations set forth at 15 CFR part the GSP program at USTR to arrange for
2007, except as modified below. These considered in the 2016/2017 Annual
an alternative method of transmission. Review.
regulations are available on the USTR Business Confidential Petitions. An
Web site at https://ustr.gov/issue-areas/ interested party requesting that Erland Herfindahl,
trade-development/preference- information contained in a submission Deputy Assistant U.S. Trade Representative
programs/generalized-system- be treated as business confidential for the Generalized System of Preferences,
preference-gsp/gsp-program-inf. We information must certify that the Office of the U.S. Trade Representative.
strongly advise any person or party information is business confidential and [FR Doc. 2017–04121 Filed 3–2–17; 8:45 am]
making a submission to review the GSP would not customarily be released to BILLING CODE 3290–F7–P
regulations as well as the GSP the public by the submitter. You must
Guidebook, which is available at the clearly designate confidential business
same link. information by marking the submission DEPARTMENT OF TRANSPORTATION
To make a submission using http:// ‘‘BUSINESS CONFIDENTIAL’’ at the top
www.regulations.gov, enter docket and bottom of the cover page and on Federal Motor Carrier Safety
number USTR–2016–0009 in the each succeeding page, and indicating Administration
‘‘Search for’’ field on the home page and via brackets, the specific information
click ‘‘Search.’’ The site will provide a that is confidential. Additionally, Sunshine Act Meetings; Unified Carrier
search-results page listing all documents ‘‘Business Confidential’’ must be Registration Plan Board of Directors
associated with this docket. Find a included in the ‘‘Type Comment’’ field.
reference to this notice by selecting AGENCY: Federal Motor Carrier Safety
For any submission containing business
‘‘Notice’’ under ‘‘Document Type’’ in Administration (FMCSA), DOT.
confidential information, you separately
the ‘‘Filter Results by’’ section on the must submit a non-confidential version ACTION: Notice of Unified Carrier
left side of the screen and click on the (i.e., not as part of the same submission Registration Plan Board of Directors
link entitled ‘‘Comment Now.’’ The with the confidential version), meeting.
http://www.regulations.gov Web site indicating where confidential
offers the option of providing comments information has been redacted. We will DATES: The meeting will be held on
by filling in a ‘‘Type Comment’’ field or place the non-confidential version in March 14, 2017, from 12:00 Noon to
mstockstill on DSK3G9T082PROD with NOTICES
by attaching a document using the the docket and it will be open to public 3:00 p.m., Eastern Daylight Time.
‘‘Upload file(s)’’ field. We strongly inspection. PLACE: This meeting will be open to the
prefer that you provide submissions in Public Viewing of Review public via conference call. Any
an attached document and, in such Submissions. Submissions in response interested person may call 1–877–422–
cases, that parties note ‘‘See attached’’ to this notice, except for information 1931, passcode 2855443940, to listen
in the ‘‘Type Comment’’ field on the granted ‘‘business confidential’’ status and participate in this meeting.
online submission form. under 15 CFR part 2003.6, will be STATUS: Open to the public.
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Document Created: 2018-02-01 14:45:59
Document Modified: 2018-02-01 14:45:59
| 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 | Request for comments. | |
| Dates | Written comments are due by midnight, Wednesday, March 22, 2017. | |
| Contact | Naomi Freeman, 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 | 82 FR 12487 |
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