ITC Investigation on Waiving CNLs for Certain Leather, Ferroalloys, PET Resin, Copper Wire, Etc.
The International Trade Commission has instituted an investigation at the request of the U.S. Trade Representative entitled Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2008 Review of Competitive Need Limit Waivers.
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("Competitive need limits" represent the maximum import level of a product that is eligible for duty-free treatment under the GSP. Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted.)
A public hearing in connection with this investigation will be held on February 27, 2009 in Washington, DC. Requests to appear at the public hearing are due by the close of business (COB, 5:15 p.m.) on February 4, 2009. Pre-hearing statements and briefs are due by the COB on February 6, 2009. Post-hearing statements and briefs are due by the COB on March 6, 2009.
Impact of Waiving GSP CNLs for Certain Country/Tariff Number Combinations
As requested by the USTR, the ITC will provide advice on whether any U.S. industry is likely to be adversely affected by a waiver of the CNLs for the following country/Harmonized Tariff Schedule tariff number combinations:
| Country | HTS tariff number | Description (See HTS for complete description) |
|---|---|---|
| Argentina | 4107.91.80 | Certain full grain unsplit bovine and equine leather |
| Argentina | 7202.99.20 | Calcium silicon ferroalloys |
| Brazil | 2922.41.00 | Lysine |
| India | 7202.41.00 | High-carbon ferrochromium |
| Indonesia | 3907.60.00 | Polyethylene terephthalate (PET) resin |
| Turkey | 7413.00.10 | Stranded copper wire |
The ITC will also provide advice with respect to whether like or directly competitive products were being produced in the U.S. on January 1, 1995. In addition, as requested, the ITC will provide advice as to the probable economic effect on total U.S. imports, and on consumers, of the petitioned waivers.
Country/Tariff Number Combinations are Currently GSP-Eligible
The above-listed country/tariff number combinations are all currently eligible for GSP duty-free benefits. However, if they exceed the CNLs, they will lose their GSP benefits on July 1, 2009 unless they receive a CNL waiver.
ITC Will Provide its Advice in the Form of Reports No Later Than April 13, 2009
The ITC states that it will provide its advice to the USTR no later than April 13, 2009. The USTR indicated that those sections of the ITC's report and related working papers that contain the ITC's advice will be classified as "confidential."
(See ITT's Online Archives or 01/28/09 news, 09012815, for BP summary of the USTR announcing that it accepted these petitions for review.)
| Eric Land (investigation aspects) | (202) 205-3349 |
| William Gearhart (legal aspects) | (202) 205-3091 |
ITC notice, (Inv. No. 332-506, FR Pub 01/28/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-1774.pdf
ITC press release (dated 01/23/09) available at http://www.usitc.gov/ext_relations/news_release/2009/er0123gg1.htm