[Federal Register: January 21, 2009 (Volume 74, Number 12)]
[Notices]
[Page 3657-3659]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja09-136]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Generalized System of Preferences (GSP): Notice Regarding the
Acceptance of Competitive Need Limitation Waiver and Further Review of
Country Practice Petitions for the 2008 Annual 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)
received petitions in connection with the 2008 GSP Annual Review to
waive the competitive need limitations (CNLs) on imports of certain
products that are eligible for duty-free treatment under the GSP
program. This notice announces CNL waiver petitions that are accepted
for further review and country practice petitions that continue to be
under evaluation for acceptance in the 2008 GSP Annual Review. This
notice also sets forth the schedule for comment and public hearings on
the CNL waiver petitions, requesting participation in the hearings,
submitting pre-hearing and post-hearing briefs, and commenting on the
U.S. International Trade Commission (USITC) report on probable economic
effects. The list of accepted petitions to waive CNLs and the list of
country practice petitions that continue to be under review for
acceptance in the 2008 GSP Annual Review are available at: http://
www.ustr.gov/Trade_Development/Preference_Programs/GSP/GSP_2008_
Annual_Review/Section_Index.html.
FOR FURTHER INFORMATION CONTACT: Tameka Cooper, GSP Program, Office of
the United States Trade Representative, 1724 F Street, NW., Room F-214,
Washington, DC 20508. The telephone number is (202) 395-6971, the fax
number is (202) 395-2961, and the e-mail address is Tameka_
Cooper@ustr.eop.gov.
DATES: The GSP regulations (15 CFR Part 2007) provide the schedule of
dates for conducting an annual review unless otherwise specified in a
Federal Register notice. The current schedule with respect to the
review of CNL waiver petitions is set forth below. Notification of any
other changes will be given in the Federal Register.
February 13, 2009 Pre-hearing briefs and comments, requests to testify
at the GSP Subcommittee Public Hearing, and hearing statements must be
submitted by 5 p.m.
February 26, 2009 GSP Subcommittee Public Hearing on all CNL waiver
petitions accepted for the 2008 GSP Annual Review in Rooms 1 and 2,
1724 F St., NW., Washington, DC 20508, beginning at 9 a.m.
March 12, 2009 Post-hearing briefs and comments must be submitted by 5
p.m.
May 2009 USITC scheduled to publish report on products for which CNL
waivers have been requested in the 2008 GSP Annual Review (cases 2008-
14 to 2008-19). Comments on the USITC report on these products are due
10 calendar days after USITC date of publication.
June 30, 2009 Modifications to the list of articles eligible for duty-
free treatment under the GSP resulting
[[Page 3658]]
from the 2008 Annual Review will be announced on or about June 30,
2009, in the Federal Register, and any changes will be effective as
announced.
SUPPLEMENTARY INFORMATION: The GSP program provides for the duty-free
importation of eligible articles when imported from designated
beneficiary developing countries. 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''), and is implemented in accordance with Executive
Order 11888 of November 24, 1975, as modified by subsequent Executive
Orders and Presidential Proclamations.
In Federal Register notices dated May 15, 2008, and October 16,
2008, USTR announced that the deadline for the filing of product
petitions requesting waivers of ``competitive need limitations'' (CNLs)
for the 2008 GSP Annual Review was November 13, 2008 (73 FR 28174 and
73 FR 61444). The interagency GSP Subcommittee of the Trade Policy
Staff Committee (TPSC) has reviewed the CNL waiver petitions, and the
TPSC has decided to accept for review the following petitions:
(1) Amino-naphthols and amino-phenol, their ethers, esters, except
those with more than one kind of oxygen function; and salts thereof,
nesoi from Brazil (HTS 2922.41.00);
(2) Polyethylene terephthalate in primary forms (PET resin) from
Indonesia (HTS 3907.60.00);
(3) Full grain unsplit bovine (not buffalo) & equine leather, not
whole, w/o hair on, nesoi from Argentina (HTS 4107.91.80);
(4) Ferrochromium containing by weight more than 4 percent of
carbon from India (HTS 7202.41.00);
(5) Calcium silicon ferroalloys from Argentina (HTS 7202.99.20);
and
(6) Copper, stranded wire, not electrically insulated, not fitted
with fittings and not made up into articles from Turkey (HTS
7413.00.10).
Additional information regarding these petitions is provided in the
``List of CNL Waiver Petitions Accepted in the 2008 GSP Annual Review''
posted on the USTR Web site. Included in the list regarding each
petition that has been accepted for review are: The case number; the
Harmonized Tariff Schedule of the United States (HTSUS) subheading
number; a brief description of the product (see the HTSUS for an
authoritative description available on the USITC Web site (http://
www.usitc.gov/tata/hts/)); and the petitioner. Acceptance of a petition
for review does not indicate any opinion with respect to the
disposition on the merits of the petition. Acceptance indicates only
that the listed petitions have been found eligible for review by the
TPSC and that such review will take place.
Notice of Public Hearing
The GSP Subcommittee of the TPSC will hold a hearing on February
26, 2009, for CNL waiver product petitions accepted for the 2008 GSP
Annual Review, beginning at 9 a.m. at the Office of the U.S. Trade
Representative, Rooms 1 and 2, 1724 F Street, NW., Washington, DC
20508. The hearing will be open to the public, and a transcript of the
hearing will be available for public inspection or can be purchased
from the reporting company. No electronic media coverage will be
allowed.
Submission of Requests To Testify at the Public Hearing and Hearing
Statements
All interested parties wishing to testify at the hearing must
submit, by 5 p.m., February 13, 2009, a ``Notice of Intent to Testify''
and ``Hearing Statement'' to http://www.regulations.gov (following the
procedures indicated in ``Requirements for Submissions''), the
witness'' or witnesses' name, address, telephone number, fax number, e-
mail address, pertinent Case Number and eight-digit HTSUS subheading
number. Oral testimony before the GSP Subcommittee will be limited to
one, five-minute presentation in English. If those testifying intend to
submit a longer ``Hearing Statement'' for the record, it must be in
English and accompany the ``Notice of Intent to Testify'' to be
submitted by 5 p.m. on February 13, 2009.
Opportunities for Public Comment and Inspection of Comments
In addition to holding a public hearing, the GSP Subcommittee of
the TPSC invites briefs and comments in support of or in opposition to
any CNL waiver petition that has been accepted for the 2008 GSP Annual
Review. Parties not wishing to appear at the public hearing but wishing
to submit pre-hearing briefs or statements, in English, must do so by 5
p.m., February 13, 2009. Post-hearing briefs or statements will be
accepted if they conform with the ``Requirements for Submissions''
cited above and are submitted, in English, by 5 p.m., March 12, 2009.
In accordance with sections 503(d)(1)(A) of the 1974 Act and the
authority delegated by the President, pursuant to section 332(g) of the
Tariff Act of 1930, the U.S. Trade Representative has requested that
the USITC provide its advice on the probable economic effect on U.S.
industries producing like or directly competitive articles and on
consumers of the waiver of the CNL for the specified GSP beneficiary
countries, with respect to the articles that are specified in the
``List of CNL Waiver Submissions Accepted in the 2008 GSP Annual
Review.'' Comments by interested persons on the USITC Report prepared
as part of the product review should be submitted by 5 p.m., 10
calendar days after the date of USITC publication of its report. These
submissions are to be submitted using http://www.regulations.gov in
accordance with ``Requirements for Submissions.''
Submissions should comply with 15 CFR Part 2007, except as modified
below. All submissions should identify the subject article(s) in terms
of the case number and eight digit HTSUS subheading number, if
applicable, as shown in the ``List of CNL Waiver Petitions Accepted in
the 2008 GSP Annual Review'' available at: http://www.ustr.gov/Trade_
Development/Preference_Programs/GSP/GSP_2008_Annual_Review/
Section_Index.html.
[2008 GSP Review, List of CNL Waiver Petitions Accepted in the 2008 GSP
Annual Review]
Requirements for Submissions
Submissions of pre-hearing and post-hearing briefs and comments
provided in response to this notice, with the exception of business
confidential submissions, must be submitted electronically using http:/
/www.regulations.gov, docket number USTR-2008-0045. Hand-delivered
submissions will not be accepted. Submissions must be submitted in
English by the applicable deadlines set forth in this notice.
For additional information on using the www.regulations.gov Web
site or for any technical assistance relating to a submission, please
consult the resources provided on the Web site by clicking on ``How to
Use This Site'' on the left side of the home page. 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
[[Page 3659]]
delays in a submission due to technical difficulties, nor is it able to
provide any technical assistance for the Web site.
To make a submission using http://www.regulations.gov, enter docket
number USTR-2008-0045 on the home page and click ``go.'' 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'' on the left side of the search-results page,
and click on the link entitled ``Send a Comment or Submission.'' The
http://www.regulations.gov Web site offers the option of providing
comments by filling in a ``General Comments'' field or by attaching a
document. Given the detailed nature of the information sought by the
GSP Subcommittee, it is expected that most comments and submissions
will be provided in an attached document. If a document is attached,
(1) type the eight-digit HTSUS subheading number; as appropriate; (2)
indicate whether the attachment is ``Written Comments,'' ``Notice of
Intent to Testify,'' ``Pre-hearing brief,'' ``Post-hearing brief,'' or
``Comments on USITC Advice; and (3) type in ``See attached'' in the
``General Comments'' field. Submissions must be in English, with the
total submission not to 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.
Submissions must include, on the first page (if an attachment) or
at the beginning of the submission, the following text (in bold and
underlined): (1) 2008 GSP Annual Review; (2) the Case Number; (3) the
eight-digit HTSUS subheading number; and (4) as appropriate, ``Written
Comments,'' ``Notice of Intent to Testify,'' ``Pre-hearing brief,''
``Post-hearing brief,'' or ``Comments on USITC Advice''. The case
number and eight-digit HTSUS subheading number (for example, Case 2008-
19, 7413.00.10) are found on the ``List of CNL Waiver Petitions
Accepted in the 2008 GSP Annual Review'' on the USTR Web site.
Submissions will be placed in the docket and open to public
inspection pursuant to 15 CFR Sec. 2007.6. Submissions may be viewed
on the http://www.regulations.gov Web site by entering the docket
number USTR-2008-0045 in the search field at: http://
www.regulations.gov.
Business Confidential Submissions
Persons wishing to submit business confidential information must
submit that information by electronic mail to FR0807@ustr.eop.gov.
Business confidential submissions will not be accepted at http://
www.regulations.gov; however, public or non-confidential submissions
that accompany business confidential submissions should be submitted at
http://www.regulations.gov. For any document containing business
confidential information submitted as a file attached to an e-mail
transmission, the file name of the business confidential version should
begin with the characters ``BC.'' The ``BC'' should be followed by the
name of the party (government, company, union, association, etc.) that
is making the submission.
Persons wishing to submit business confidential submissions must
also follow each of these steps: (1) Provide a written explanation of
why the information should be protected in accordance with 15 CFR
2007.7(b), which must be submitted along with the business confidential
version of the submission; (2) clearly mark the business confidential
submission ``BUSINESS CONFIDENTIAL'' at the top and bottom of each page
of the submission; (3) indicate using brackets what information in the
document is confidential; and (4) submit a non-confidential version of
the submission, marked ``Public'' at the top and bottom of each page,
that also indicates, using asterisks, where business confidential
information was redacted or deleted from the applicable sentences to
http://www.regulations.gov. Business confidential submissions that are
submitted without the required markings or are not accompanied by a
properly marked non-confidential version, as set forth above, might not
be accepted or may be considered public documents. The non-confidential
summary will be placed in the docket and open to public inspection.
Public versions of all documents relating to this review will be
made available for public viewing at http://www.regulations.gov upon
completion of processing and no later than approximately two weeks
after the relevant due date.
Petitions for Review Regarding Country Practices
Pursuant to 15 CFR 2007.0(b), the GSP Subcommittee of the TPSC has
continued the evaluation of the country practice petitions for Iraq and
Sri Lanka that were submitted for inclusion in the 2008 GSP Annual
Review (see ``List of Petitions Accepted in the 2008 GSP Annual
Review'' posted on the USTR Web site). This decision was announced in a
Federal Register notice dated September 12, 2008, 73 FR 53054, and
indicated that the decision on whether to accept the new country
practice petitions for Iraq and Sri Lanka for review in the 2008 GSP
Annual Review was planned for January 2009. The decision regarding
whether to accept these new country practice petitions in December
2008, including a petition submitted in December 2008 requesting a
country practices review with respect to the Republic of the
Philippines, is now expected to be announced no later than March 15,
2009. A Federal Register notice will be published announcing the
decision on whether to accept the petitions.
Marideth Sandler,
Executive Director, Generalized System of Preferences (GSP) Program,
Office of the U.S. Trade Representative.
[FR Doc. E9-1149 Filed 1-16-09; 8:45 am]
BILLING CODE 3190-W9-P