Generalized System of Preferences (GSP): Notice Regarding the Acceptance of Petitions To Grant a Competitive Need Limitation (CNL) Waiver, 505-506 [E9-31378]

Agencies

• Office of the United States Trade Representative
• Trade Representative, Office of United States

[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 505-506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31378]



[[Page 505]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Generalized System of Preferences (GSP): Notice Regarding the 
Acceptance of Petitions To Grant a Competitive Need Limitation (CNL) 
Waiver

AGENCY: Office of the United States Trade Representative.

ACTION: Solicitation of comments and notice of public hearing.

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SUMMARY: The Office of the United States Trade Representative (USTR) 
has received petitions in connection with the 2009 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. USTR also has received petitions to determine that certain 
products were not produced in the United States as of January 1, 1995. 
This notice announces those petitions that have been accepted for 
further review. All other petitions have been rejected. This notice 
also sets forth the schedule for submitting comments and the public 
hearing on the petitions, filing requests to participate in the 
hearing, 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 petitions for CNL waivers and petitions 
for determinations that products were not produced in the United States 
that were submitted for review is available at: https://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preference-gsp/current-review-1.

FOR FURTHER INFORMATION CONTACT: Tameka Cooper, GSP Program, Office of 
the United States Trade Representative, 1724 F Street, NW., 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 
notice in the Federal Register. The current schedule with respect to 
the review of the accepted CNL waiver petitions is set forth below. 
Notice of any other changes will be given in the Federal Register.

January 21, 2010--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 11, 2010--GSP Subcommittee Public Hearing on the CNL waiver 
petitions accepted for the 2009 GSP Annual Review in Rooms 1 and 2, 
1724 F St., NW., Washington, DC 20508, beginning at 9:30 a.m.
March 4, 2010--Post-hearing briefs and comments must be submitted by 5 
p.m.
April 2010--USITC scheduled to publish its report on the product for 
which CNL waiver petitions have been accepted for inclusion in the 2009 
GSP Annual Review (case 2009-08). Comments on the USITC's report on 
this product are due 10 calendar days after the publication date of the 
USITC report.
June 30, 2010--Modifications to the list of articles eligible for duty-
free treatment under the GSP resulting from the 2009 Annual Review will 
be announced on or about June 30, 2010, and any changes will be 
effective as of the date 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 28, 2009, and November 3, 
2009, USTR announced that the deadline for the filing of petitions 
requesting CNLs and determinations that products were not produced in 
the United States for the 2009 GSP Annual Review was November 17, 2009 
(74 FR 25605 and 74 FR 56908). The GSP Subcommittee of the Trade Policy 
Staff Committee (TPSC) has reviewed the petitions and is accepting for 
review petitions for a CNL waiver with respect to new pneumatic radial 
tires, of rubber, of a kind used on motor cars (including station 
wagons and racing cars) from Thailand (HTS4011.10.10).
    Additional information regarding the petitions with respect to this 
article is provided in the ``List of CNL Waiver Submissions Accepted in 
the 2009 GSP Annual Review'' that is posted on the USTR web site. 
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 and that such review will take place.

Notice of Public Hearing

    The GSP Subcommittee of the TPSC will hold a hearing on February 
11, 2010, on the CNL waiver product petitions accepted for the 2009 GSP 
Annual Review, beginning at 9:30 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 subsequently available on https://www.regulations.gov. 
No electronic media coverage of the public hearing 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., January 21, 2010, a ``Notice of Intent to Testify'' 
and ``Hearing Statement'' to https://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 by each panel 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''.

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 
the CNL waiver petitions that have been accepted for the 2009 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., January 21, 2010. Post-hearing briefs or statements will 
be accepted if they conform with the ``Requirements for Submissions'' 
cited below and are submitted, in English, by 5 p.m., March 4, 2010.
    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 
country, with respect to the article that is specified in the ``List of 
CNL Waiver Submissions

[[Page 506]]

Accepted in the 2009 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 the 
publication date of the USITC's report. These submissions are to be 
submitted using https://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 in terms of 
the case number and eight digit HTSUS subheading number, if applicable, 
as shown in the ``List of CNL Waiver Submissions Accepted in the 2009 
GSP Annual Review'' available at: https://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preference-gsp/current-review-1.

Requirements for Submissions

    Submissions in response to this notice (including requests to 
testify, written comments, and pre-hearing and post-hearing briefs, and 
all business confidential submissions), must be submitted 
electronically by the relevant deadline listed above using https://www.regulations.gov, docket number USTR-2009-0037. Instructions for 
submitting business confidential versions are provided below. Hand-
delivered submissions will not be accepted. Submissions must be 
submitted in English to the Chairman of the GSP Subcommittee, Trade 
Policy Staff Committee, by the applicable deadlines set forth in this 
notice.
    To make a submission using https://www.regulations.gov, enter docket 
number USTR-2009-0037 on the home page and click ``Search.'' The site 
will provide a search-results page listing all documents associated 
with this docket. Locate the reference to this notice by selecting 
``Notices'' under ``Document Type''. Locate the reference to this 
notice by selecting ``Notices'' under ``Document Type'' on the left 
side of the search-results page, and click on the link entitled 
``Submit a Comment''. (For further information on using the https://www.regulations.gov Web site, please consult the resources provided on 
the website by clicking ``How to Use This Site'' on the left side of 
the home page.)
    The https://www.regulations.gov Web site offers the option of 
providing comments by filling in a ``Type Comment and Upload File'' 
field or by attaching a document. It is expected that most comments 
will be provided in an attached document. If a document is attached, it 
is sufficient to type ``See attached'' in the ``Type Comment and Upload 
File'' field.
    Comments 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.
    Any person or party making a submission is strongly advised to 
review the GSP regulations and GSP Guidebook (available at: https://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preference-gsp/gsp-program-inf).

Business Confidential Submissions

    A person requesting that information contained in a comment 
submitted by that person be treated as confidential business 
information must certify that such information is business confidential 
and would not customarily be released to the public by the submitter. 
Confidential business information must be clearly designated as such, 
the submission must be marked ``BUSINESS CONFIDENTIAL'' at the top and 
bottom of the cover page and each succeeding page, and the submission 
should indicate, via brackets, the specific information that is 
confidential. Additionally, ``Business Confidential'' should be 
included in the ``Type comment & Upload file'' field. Anyone submitting 
a comment containing business confidential information must also submit 
as a separate submission a non-confidential version of the confidential 
submission, indicating where confidential information has been 
redacted. The non-confidential summary will be placed in the docket and 
open to public inspection.

Carmen Suro-Bredie,
Assistant U.S. Trade Representative for Policy Coordination, Office of 
the U.S. Trade Representative.
[FR Doc. E9-31378 Filed 1-4-10; 8:45 am]
BILLING CODE 3190-W0-P