83_FR_57748 83 FR 57527 - Results of the 2017/2018 Annual Generalized System of Preferences Review

83 FR 57527 - Results of the 2017/2018 Annual Generalized System of Preferences Review

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 83, Issue 221 (November 15, 2018)

Page Range57527-57528
FR Document2018-24919

The Office of the United States Trade Representative (USTR) is announcing the results of the 2016/2017 Annual Generalized System of Preferences (GSP) Review with respect to: Products considered for addition to the list of eligible products for GSP; products considered for removal from the list of eligible products for certain beneficiary countries; decisions related to competitive need limitations (CNLs), including petitions for waivers of CNLs; and requests to reinstate/ redesignate products previously excluded from GSP eligibility for certain countries.

Federal Register, Volume 83 Issue 221 (Thursday, November 15, 2018) 
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Notices]
[Pages 57527-57528]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24919]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Results of the 2017/2018 Annual Generalized System of Preferences 
Review

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: The Office of the United States Trade Representative (USTR) is 
announcing the results of the 2016/2017 Annual Generalized System of 
Preferences (GSP) Review with respect to: Products considered for 
addition to the list of eligible products for GSP; products considered 
for removal from the list of eligible products for certain beneficiary 
countries; decisions related to competitive need limitations (CNLs), 
including petitions for waivers of CNLs; and requests to reinstate/
redesignate products previously excluded from GSP eligibility for 
certain countries.

FOR FURTHER INFORMATION CONTACT: Lauren Gamache, Director for GSP at 
(202) 395-2974 or lauren.m.gamache@ustr.eop.gov.

SUPPLEMENTARY INFORMATION: 

A. Background

    The GSP program provides for the duty-free treatment of designated 
articles when imported from beneficiary developing countries (BDCs). 
The GSP program is authorized by title V of the Trade Act of 1974 (19 
U.S.C. 2461-2467), as amended, and is implemented in accordance with 
Executive Order 11888 of November 24, 1975, as modified by subsequent 
Executive Orders and Presidential Proclamations.
    Each year, USTR leads the interagency Trade Policy Staff Committee 
(TPSC) in reviewing the list of products eligible for GSP benefits. 
After completion of a process that includes public hearings, USTR 
provides recommendations to the President on appropriate actions based 
on statutory criteria, including exclusions from duty-free treatment of 
products from certain countries when they have reached the statutory 
CNL thresholds.
    The GSP statute (19 U.S.C. 2463(c)(2)) establishes CNLs as a basis 
for withdrawing duty-free treatment. The statute provides that when the 
President determines that a GSP beneficiary has exported to the United 
States during any calendar year a quantity of an eligible article that 
either is greater than a specified amount ($180 million for 2017), or 
exceeds 50 percent of the appraised value of the total U.S. imports of 
that article, the President ``shall, not later than November 1 of the 
next calendar year, terminate the duty-free treatment for that 
article'' from that beneficiary, unless a waiver is granted.\1\
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    \1\ CNLs do not apply to least-developed or sub-Saharan African 
beneficiaries (19 U.S.C. 2463(c)(2)(D)).
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    The statute provides that the President may waive either CNL if, 
before November 1 of the calendar year following the year in which 
imports exceeded CNLs, the President (1) receives advice from the U.S. 
International Trade Commission (USITC) on whether any industry in the 
United States is ``likely to be adversely affected by such waiver''; 
(2) determines, based on certain statutory considerations,\2\ that such 
a waiver is in the national economic interest; and (3) publishes that 
determination in the Federal Register. The statute further provides 
that the President may disregard the 50 percent CNL if total imports of 
an article did not exceed a de minimis amount ($23.5 million in 2017), 
or if the product was not produced in the United States in any of the 
three preceding calendar years.
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    \2\ These include the general statutory considerations for 
granting duty-free treatment for any article from any beneficiary 
under 19 U.S.C. 2461, as well as the country eligibility criteria 
set forth in 19 U.S.C. 2462(c).
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    As part of the 2017/2018 GSP Annual Review, the TPSC reviewed three 
types of actions related to the CNLs: (1) Whether to grant CNL waivers 
for products from certain countries, (2) whether to redesignate 
products from certain countries previously excluded from GSP 
eligibility based on CNLs; and (3) whether to grant de minimis CNL 
waivers for products from certain countries.

B. Results of the 2017/2018 Annual GSP Review

    In the 2017/2018 Annual GSP Review, the TPSC reviewed (1) petitions 
to add nine products to the list of those eligible for duty-free 
treatment under GSP; (2) petitions to remove the GSP eligibility of two 
products; (3) petitions to waive CNLs for five products from 
beneficiary countries; (4) 92 products eligible for one-year de minimis 
waivers of CNLs; and (5) petitions to redesignate products previously 
excluded from GSP

[[Page 57528]]

eligibility for certain beneficiary countries.
    Presidential Proclamation 9813 of October 30, 2018, implements the 
President's decisions regarding the 2017/2018 Annual GSP Review, 
including CNL waivers and product redesignations. The modifications to 
the GSP program that were implemented by Presidential Proclamation 9813 
became effective on November 1, 2018. This notice provides a summary of 
the results of the 2017/2018 Annual GSP Review. You can also view the 
results, comprising six lists, at https://www.regulations.gov using 
docket number USTR-2017-0014, under ``Supporting and Related 
Materials'' and on the USTR website at https://ustr.gov/sites/default/files/IssueAreas/gsp/Decisions%20on%202017_2018%20%20product%20review.pdf.
    As described in List I, the President denied all petitions to add 
products to the list of GSP-eligible products for all BDCs. The 
products in List I, however, remain eligible for duty-free preferences 
for least-developed beneficiary countries only. For ease of reference, 
a brief description and the U.S. Harmonized Tariff Schedule (HTS) 
categories of the nine products included in List I follows:

1. Certain fresh pears (HTS 0808.30.40)
2. certain melon and citrus fruit peel (HTS 0814.00.80)
3. cottonseed (HTS 1207.29.00)
4. crude sunflower-seed or safflower oil (HTS 1512.11.00)
5. certain prepared or preserved apples (HTS 2008.99.05)
6. p-Anisic acid, clofibrate, and 3-phenoxybenzoic acid (HTS 
2918.99.05)
7. certain aromatic carboxylic acids and their derivatives described in 
U.S. Note 3 (HTS 2918.99.43)
8. certain aromatic carboxylic acids and their derivatives not covered 
in U.S. Note 3 (HTS 2918.99.47)
9. certain rubber transmission V-belts (HTS 4010.33.30)

    A complete description of the nine products is included in List I. 
By statute (19 U.S.C. 2463(a)(1)(C)), these products may not be 
reconsidered for addition to GSP for the next three years.
    As described in List II, the President granted the petition to 
remove tart cherry juice concentrate and other cherry juice (HTS 
2009.89.6011 and HTS 2009.89.6019) from GSP eligibility for Turkey. To 
reflect this change, cherry juice imported into the United States now 
falls under a new HTS category, 2009.89.65. Cherry juice from Turkey 
now enters the United States at the Normal Trade Relations (NTR) duty 
rate in column 1 of the HTS. In addition, the President denied the 
petition to remove nonadhesive plates and sheets (HTS 3920.51.50) from 
GSP for Indonesia and Thailand. These products will continue to enter 
the United States duty-free.
    As described in List III, the President granted a petition to 
redesignate ammonium perrhentate (HTS 2841.90.20) from Kazakhstan to 
GSP. This product now enters the United States duty-free. The remaining 
redesignation petitions were denied: Apple, quince and pear pastes and 
purees (HTS 2007.9948) from Argentina; sunflower seed oilcake (HTS 
2306.30.00) from Argentina; certain odoriferous or flavoring compounds 
(HTS 2909.50.40) from Indonesia; fancy bovine leather (full grain, 
whole, unsplit) (HTS 4107.11.80) from Argentina; certain tropical 
plywood (HTS 4412.31.41) from Indonesia; granite monumental or building 
stone (HTS 6802.93.00) from India; and certain ferroniobium (HTS 
7202.93.80) from Brazil. These products will continue to enter the 
United States at NTR duty rates and, by statute (19 U.S.C. 
2463(a)(1)(C)), may not be reconsidered for addition to GSP for the 
next three years.
    As described in List IV, three articles exceeded the CNLs in 2017 
for which no petition was received and now enter the United States at 
the NTR duty rates. These products are ethers of acyc monohydric 
alcohols (HTS 2909.19.18) and refined copper (HTS 7403.19.00) from 
Brazil, and washing machines (HTS 8450.20.00) from Thailand.
    As described in List V, the President granted three petitions for 
CNL waivers: (1) Edible birds' nests (HTS 0410.00.00) from Thailand; 
(2) lithium carbonates (HTS 2836.91.00) from Argentina; and (3) 
ferrosilicon chromium (HTS 7202.50.00) from Kazakhstan. These three 
products will continue to enter the United States duty-free. The 
following products did not receive a CNL waiver and are therefore 
subject to the NTR duty rates: Essential oils of lemon (HTS 3301.03.00) 
from Argentina, and monumental or building stone (HTS 6802.99.00) from 
Brazil.
    As described in List VI, the President did not grant de minimis 
waivers to 92 products that exceeded the 50 percent import share CNL 
but for which the aggregate value of all U.S. imports of that article 
was below the 2017 de minimis level of $23.5 million. These products 
now enter the United States at the NTR duty rate.

Erland Herfindahl,
Deputy Assistant U.S. Trade Representative for the Generalized System 
of Preferences, Office of the U.S. Trade Representative.
[FR Doc. 2018-24919 Filed 11-14-18; 8:45 am]
 BILLING CODE 3290-F9-P

Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices 57527 To submit comments via General information concerning USTR withdrawing duty-free treatment. The www.regulations.gov, enter docket is available at www.ustr.gov. statute provides that when the President number USTR–2018–0035 on the home determines that a GSP beneficiary has Edward Gresser, page and click ‘search.’ The site will exported to the United States during any Chair of the Trade Policy Staff Committee, provide a search-results page listing all calendar year a quantity of an eligible Office of the United States Trade documents associated with this docket. Representative. article that either is greater than a Find a reference to this notice and click specified amount ($180 million for [FR Doc. 2018–24979 Filed 11–14–18; 8:45 am] on the link entitled ‘comment now!’ For 2017), or exceeds 50 percent of the BILLING CODE 3290–F9–P further information on using the appraised value of the total U.S. imports www.regulations.gov website, please of that article, the President ‘‘shall, not consult the resources provided on the OFFICE OF THE UNITED STATES later than November 1 of the next website by clicking on ‘How to Use This TRADE REPRESENTATIVE calendar year, terminate the duty-free Site’ on the left side of the home page. treatment for that article’’ from that The www.regulations.gov website Results of the 2017/2018 Annual beneficiary, unless a waiver is granted.1 allows users to provide comments by Generalized System of Preferences The statute provides that the filling in a ‘type comment’ field, or by Review President may waive either CNL if, attaching a document using an ‘upload before November 1 of the calendar year file’ field. USTR prefers that you AGENCY: Office of the United States following the year in which imports Trade Representative. exceeded CNLs, the President (1) provide comments in an attached document. If a document is attached, it ACTION: Notice. receives advice from the U.S. is sufficient to type ‘see attached’ in the International Trade Commission SUMMARY: The Office of the United ‘type comment’ field. USTR prefers (USITC) on whether any industry in the States Trade Representative (USTR) is submissions in Microsoft Word (.doc) or United States is ‘‘likely to be adversely announcing the results of the 2016/2017 Adobe Acrobat (.pdf). If the submission affected by such waiver’’; (2) Annual Generalized System of is in an application other than those determines, based on certain statutory Preferences (GSP) Review with respect two, please indicate the name of the considerations,2 that such a waiver is in to: Products considered for addition to application in the ‘type comment’ field. the list of eligible products for GSP; the national economic interest; and (3) For any comments submitted products considered for removal from publishes that determination in the electronically containing business the list of eligible products for certain Federal Register. The statute further confidential information, the file name beneficiary countries; decisions related provides that the President may of the business confidential version to competitive need limitations (CNLs), disregard the 50 percent CNL if total should begin with the characters ‘BC.’ including petitions for waivers of CNLs; imports of an article did not exceed a de Any page containing business and requests to reinstate/redesignate minimis amount ($23.5 million in 2017), confidential information must be clearly products previously excluded from GSP or if the product was not produced in marked BUSINESS CONFIDENTIAL on eligibility for certain countries. the United States in any of the three the top of that page. Filers of preceding calendar years. FOR FURTHER INFORMATION CONTACT: submissions containing business As part of the 2017/2018 GSP Annual Lauren Gamache, Director for GSP at Review, the TPSC reviewed three types confidential information also must (202) 395–2974 or lauren.m.gamache@ submit a public version of their of actions related to the CNLs: (1) ustr.eop.gov. comments. The file name of the public Whether to grant CNL waivers for SUPPLEMENTARY INFORMATION: products from certain countries, (2) version should begin with the character ‘P.’ The ‘BC’ and ‘P’ should be followed A. Background whether to redesignate products from by the name of the person or entity certain countries previously excluded The GSP program provides for the from GSP eligibility based on CNLs; and submitting the comments or reply duty-free treatment of designated comments. Filers submitting comments (3) whether to grant de minimis CNL articles when imported from beneficiary waivers for products from certain containing no business confidential developing countries (BDCs). The GSP information should name their file using countries. program is authorized by title V of the the name of the person or entity Trade Act of 1974 (19 U.S.C. 2461– B. Results of the 2017/2018 Annual GSP submitting the comments. 2467), as amended, and is implemented Review Please do not attach separate cover in accordance with Executive Order In the 2017/2018 Annual GSP Review, letters to electronic submissions; rather, 11888 of November 24, 1975, as the TPSC reviewed (1) petitions to add include any information that might modified by subsequent Executive nine products to the list of those eligible appear in a cover letter in the comments Orders and Presidential Proclamations. for duty-free treatment under GSP; (2) themselves. Similarly, to the extent Each year, USTR leads the petitions to remove the GSP eligibility possible, please include any exhibits, interagency Trade Policy Staff of two products; (3) petitions to waive annexes, or other attachments in the Committee (TPSC) in reviewing the list CNLs for five products from beneficiary same file as the submission itself, not as of products eligible for GSP benefits. countries; (4) 92 products eligible for separate files. After completion of a process that one-year de minimis waivers of CNLs; As noted, USTR strongly urges includes public hearings, USTR and (5) petitions to redesignate products submitters to file comments through provides recommendations to the previously excluded from GSP www.regulations.gov. You must make khammond on DSK30JT082PROD with NOTICES President on appropriate actions based any alternative arrangements before on statutory criteria, including 1 CNLs do not apply to least-developed or sub- transmitting a comment and in advance exclusions from duty-free treatment of Saharan African beneficiaries (19 U.S.C. of the applicable deadline with Yvonne products from certain countries when 2463(c)(2)(D)). 2 These include the general statutory Jamison at (202) 395–3475. they have reached the statutory CNL considerations for granting duty-free treatment for USTR will place comments in the thresholds. any article from any beneficiary under 19 U.S.C. docket for public inspection, except The GSP statute (19 U.S.C. 2463(c)(2)) 2461, as well as the country eligibility criteria set business confidential information. establishes CNLs as a basis for forth in 19 U.S.C. 2462(c). VerDate Sep<11>2014 16:53 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\15NON1.SGM 15NON1

57528 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices eligibility for certain beneficiary rate in column 1 of the HTS. In products now enter the United States at countries. addition, the President denied the the NTR duty rate. Presidential Proclamation 9813 of petition to remove nonadhesive plates Erland Herfindahl, October 30, 2018, implements the and sheets (HTS 3920.51.50) from GSP President’s decisions regarding the Deputy Assistant U.S. Trade Representative for Indonesia and Thailand. These for the Generalized System of Preferences, 2017/2018 Annual GSP Review, products will continue to enter the Office of the U.S. Trade Representative. including CNL waivers and product United States duty-free. [FR Doc. 2018–24919 Filed 11–14–18; 8:45 am] redesignations. The modifications to the GSP program that were implemented by As described in List III, the President BILLING CODE 3290–F9–P Presidential Proclamation 9813 became granted a petition to redesignate effective on November 1, 2018. This ammonium perrhentate (HTS notice provides a summary of the results 2841.90.20) from Kazakhstan to GSP. DEPARTMENT OF TRANSPORTATION of the 2017/2018 Annual GSP Review. This product now enters the United States duty-free. The remaining Federal Aviation Administration You can also view the results, comprising six lists, at https:// redesignation petitions were denied: Notice of Intent To Rule on Request To www.regulations.gov using docket Apple, quince and pear pastes and Release Airport Property number USTR–2017–0014, under purees (HTS 2007.9948) from Argentina; ‘‘Supporting and Related Materials’’ and sunflower seed oilcake (HTS AGENCY: Federal Aviation on the USTR website at https://ustr.gov/ 2306.30.00) from Argentina; certain Administration (FAA), DOT. sites/default/files/IssueAreas/gsp/ odoriferous or flavoring compounds ACTION: Notice of intent to rule on Decisions%20on%202017_ (HTS 2909.50.40) from Indonesia; fancy request to release airport property at the 2018%20%20product%20review.pdf. bovine leather (full grain, whole, St. Louis Lambert International Airport As described in List I, the President unsplit) (HTS 4107.11.80) from (STL), St. Louis, Missouri. denied all petitions to add products to Argentina; certain tropical plywood the list of GSP-eligible products for all SUMMARY: The FAA proposes to rule and (HTS 4412.31.41) from Indonesia; BDCs. The products in List I, however, invites public comment on the release of granite monumental or building stone land at the St. Louis Lambert remain eligible for duty-free preferences (HTS 6802.93.00) from India; and for least-developed beneficiary International Airport, St. Louis, certain ferroniobium (HTS 7202.93.80) Missouri, under the provisions of 49 countries only. For ease of reference, a from Brazil. These products will brief description and the U.S. U.S.C. 47107(h)(2). continue to enter the United States at DATES: Comments must be received on Harmonized Tariff Schedule (HTS) NTR duty rates and, by statute (19 or before December 17, 2018. categories of the nine products included U.S.C. 2463(a)(1)(C)), may not be in List I follows: ADDRESSES: reconsidered for addition to GSP for the Comments on this application may be 1. Certain fresh pears (HTS 0808.30.40) next three years. 2. certain melon and citrus fruit peel mailed or delivered to the FAA at the (HTS 0814.00.80) As described in List IV, three articles following address: Lynn D. Martin, 3. cottonseed (HTS 1207.29.00) exceeded the CNLs in 2017 for which no Airports Compliance Specialist, Federal 4. crude sunflower-seed or safflower oil petition was received and now enter the Aviation Administration, Airports (HTS 1512.11.00) United States at the NTR duty rates. Division, ACE–610C, 901 Locust, Room 5. certain prepared or preserved apples These products are ethers of acyc 364, Kansas City, MO 64106. (HTS 2008.99.05) monohydric alcohols (HTS 2909.19.18) In addition, one copy of any 6. p-Anisic acid, clofibrate, and 3- and refined copper (HTS 7403.19.00) comments submitted to the FAA must phenoxybenzoic acid (HTS from Brazil, and washing machines be mailed or delivered to: Dana Ryan, 2918.99.05) (HTS 8450.20.00) from Thailand. Planning Manager, St. Louis Lambert 7. certain aromatic carboxylic acids and International Airport, 10701 Lambert As described in List V, the President International Blvd., St. Louis, MO 3145– their derivatives described in U.S. granted three petitions for CNL waivers: 0212, 314–551–5027. Note 3 (HTS 2918.99.43) 8. certain aromatic carboxylic acids and (1) Edible birds’ nests (HTS 0410.00.00) FOR FURTHER INFORMATION CONTACT: their derivatives not covered in U.S. from Thailand; (2) lithium carbonates Lynn D. Martin, Airports Compliance Note 3 (HTS 2918.99.47) (HTS 2836.91.00) from Argentina; and Specialist, Federal Aviation 9. certain rubber transmission V-belts (3) ferrosilicon chromium (HTS Administration, Airports Division, (HTS 4010.33.30) 7202.50.00) from Kazakhstan. These ACE–610C, 901 Locust, Room 364, A complete description of the nine three products will continue to enter the Kansas City, MO 64106, (816) 329–2644, products is included in List I. By statute United States duty-free. The following lynn.martin@faa.gov. (19 U.S.C. 2463(a)(1)(C)), these products products did not receive a CNL waiver The request to release property may may not be reconsidered for addition to and are therefore subject to the NTR be reviewed, by appointment, in person GSP for the next three years. duty rates: Essential oils of lemon (HTS at this same location. As described in List II, the President 3301.03.00) from Argentina, and SUPPLEMENTARY INFORMATION: The FAA granted the petition to remove tart monumental or building stone (HTS invites public comment on the request cherry juice concentrate and other 6802.99.00) from Brazil. to release approximately 1.389 acres of cherry juice (HTS 2009.89.6011 and airport property, at the St. Louis khammond on DSK30JT082PROD with NOTICES As described in List VI, the President HTS 2009.89.6019) from GSP eligibility did not grant de minimis waivers to 92 Lambert International Airport (STL) for Turkey. To reflect this change, products that exceeded the 50 percent under the provisions of 49 U.S.C. cherry juice imported into the United import share CNL but for which the 47107(h)(2). On June 13, 2018, the States now falls under a new HTS aggregate value of all U.S. imports of Director of Airports for the City of St. category, 2009.89.65. Cherry juice from that article was below the 2017 de Louis, MO requested from the FAA that Turkey now enters the United States at approximately 1.389 acres of property, minimis level of $23.5 million. These the Normal Trade Relations (NTR) duty be released for sale to Union Electric VerDate Sep<11>2014 16:53 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\15NON1.SGM 15NON1


Document Created: 2018-11-15 04:01:04
Document Modified: 2018-11-15 04:01:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactLauren Gamache, Director for GSP at (202) 395-2974 or [email protected]
FR Citation83 FR 57527 
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