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Product and Country Practice Petitions Filed/Ongoing and Accepted for 2008 GSP Annual Review

The Office of the U.S. Trade Representative has issued a notice announcing the fourteen products that are accepted for further review and nine country practice petitions that were filed or are ongoing for the 2008 Generalized System of Preferences Annual Review and setting forth the schedule for these petitions.

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The USTR notes that acceptance of a petition for review does not indicate any opinion with respect to its disposition. Acceptance indicates only that the listed petition has been found eligible for review by the interagency Trade Policy Staff Committee (TPSC) and that such review will take place.

List of Product Petitions Does Not Include Those Requesting CNL Waivers

The list of product petitions accepted for further review in the 2008 GSP Annual Review does not include petitions requesting competitive need limitation (CNL) waivers1, as the deadline for submitting such petitions is November 13, 2008. (Note that January to August import data is due to be posted on the U.S. International Trade Commission's Web site on October 10, 2008, providing petitioners an opportunity to review additional annual U.S. import statistics).

Eleven Petitions to Make Additional HTS Numbers GSP Eligible

The USTR states that it has accepted eleven petitions to make the following Harmonized Tariff Schedule numbers eligible for GSP 'A' treatment:

Other plywood sheets, not exceeding 6mm in thickness, with at least 1 outer ply of certain pines

*If granted, would require the creation of a new HTS tariff line

Three Petitions to Remove GSP Benefits from Country/HTS Number Combination

The USTR states that it has accepted the following petitions to remove GSP duty-free eligibility from certain country/HTS number combinations:

HTS NumberRequestBrief Description of Product
3907.60.00Remove for IndiaPolyethylene terephthalate - PET resin
3907.60.00Remove for IndonesiaPolyethylene terephthalate - PET resin
3908.10.00Remove for ThailandPolyamide-6 (Nylon 6)

Nine Country Practice Petitions Filed/Ongoing for 2008 GSP Annual Review

According to the USTR, the following country practice petitions have been filed or are ongoing for the 2008 GSP Annual Review:

Country Action
BangladeshWorker Rights
IraqWorker Rights
NigerWorker Rights
PhilippinesWorker Rights
Sri LankaWorker Rights
UzbekistanWorker Rights
LebanonIntellectual Property Rights
RussiaIntellectual Property Rights
UzbekistanIntellectual Property Rights

(19 USC 2462(d) states that the President may withdraw, suspend, or limit the application of the duty-free treatment accorded by the GSP with respect to any country taking into account economic factors in the country, IPR protection, workers rights, etc.).

GSP Subcommittee to Hold Hearing, Schedule Announced for Proceedings

The GSP Subcommittee will hold a hearing on all product petitions accepted for the 2008 GSP Annual Review on October 20, 2008 in Washington, DC. Modifications to the list of articles eligible for GSP duty-free treatment resulting from the 2008 Annual Review will be announced on or about June 30, 2009, and any changes will take effect on the effective date announced (usually July 1st).

(See notice for various deadlines, including those for requests to make oral presentations at this hearing, for filing post-hearing briefs, etc. Also see notice for lengthy list of the product petitions rejected for review in the 2008 GSP Annual Review.)

1Such petitions request the waiver of the CNLs for specific GSP-eligible country/Harmonized Tariff Number (HTS) combinations. CNLs are not needed for least-developed beneficiary developing countries (LDBDCs) or African Growth and Opportunity Act (AGOA) beneficiary sub-Saharan African countries.

(See ITT's Online Archives or 05/16/08 news, 08051625, for BP summary of USTR notice announcing the opportunity to submit product/country practice petitions for the 2008 GSP Annual Review. See ITT's Online Archives or 07/07/08 news, 08070722, for BP summary of the results of the 2007 GSP Annual Review.)

USTR Contact - Regina Teeter (202) 395-6971

USTR notice (FR Pub 09/12/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-21341.pdf

List of petitions accepted for 2008 GSP Annual Review available at http://www.ustr.gov/assets/Trade_Development/Preference_Programs/GSP/GSP_2008_Annual_Review/asset_upload_file478_15096.pdf

BP Note

The GSP program (i.e., A, A*, and A) for most beneficiary countries, i.e., other than those listed as AGOA beneficiary countries, will expire on December 31, 2008, unless a law extending it is enacted. (See ITT's Online Archives or 07/08/08 news, 08070810, for BP summary.)