USTR Announces 2009 Annual GSP Review and Deadlines
The Office of the U.S. Trade Representative has announced the opportunity to submit petitions for the 2009 Generalized System of Preferences Product and Country Eligibility Practices Review (2009 Annual GSP Review).
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According to the USTR, the deadline for submission of product petitions (other than those requesting competitive needs limitation (CNL) waivers or section 503(c)(1)(E) (articles not produced in the U.S. excluded) determinations) and country practice petitions for the 2009 Annual GSP Review is 5 p.m., June 24, 2009.
The deadline for submission of product petitions requesting CNL waivers and 503(c)(1)(E) determinations is 5 p.m., November 17, 2009. (This later date allows petitioners an opportunity to review additional 2009 U.S. import statistics.)
(CNLs represent the maximum import level of a product, in terms of the dollar value or share of total imports, which 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. In accordance with the GSP statute, the dollar-value limit is increased by $5 million annually; the limit is $140 million for 2009.)
Petitions May be Submitted for Additional GSP Benefits, CNL Waivers, Etc.
The USTR states that interested parties, including foreign governments, may submit petitions to:
- Designate additional articles as eligible for GSP benefits, including to designate articles as eligible for GSP benefits only for countries designated as least-developed beneficiary developing countries, or only for countries designated as beneficiary sub-Saharan African countries under the African Growth and Opportunity Act (AGOA);
- Withdraw, suspend, or limit the application of duty-free treatment accorded under the GSP with respect to any article, either for all beneficiary developing countries, least-developed beneficiary developing countries, or beneficiary sub-Saharan African countries, or for any of these countries individually;
- Determine whether a like or directly competitive product was produced in the U.S. States on January 1, 1995, for the purposes of section 503(c)(1)(E);
- Waive the CNLs for individual beneficiary developing countries with respect to specific GSP-eligible articles (these limits do not apply to either least-developed beneficiary developing countries or AGOA beneficiary sub-Saharan African countries); and
- Otherwise modify GSP coverage.
The USTR states that interested parties may also submit petitions to review the designation of any beneficiary developing country, including any least-developed beneficiary developing country, with respect to any of the designation criteria listed in 19 USC 2462(b) and (c) (petitions to review the designation of beneficiary sub-Saharan African countries are considered in the Annual Review of the AGOA, a separate administrative process not governed by GSP regulations).
USTR contact- Tameka Cooper (202) 395-6971
USTR Notice (FR Pub 05/278/09) available athttp://edocket.access.gpo.gov/2009/pdf/E9-12406.pdf