International Trade Commission August 22, 2005 – Federal Register Recent Federal Regulation Documents
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Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2005 Special Review on Watches
Following receipt on August 9, 2005 of a request from the United States Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332 (g)), the Commission instituted investigation No. 332-471, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2005 Special Review on Watches. Background: As requested by the USTR, in accordance with sections 503(a)(1)(A), 503(e), and 131(a) of the Trade Act of 1974, as amended (1974 Act), and under section 332(g) of the Tariff Act of 1930, the Commission will provide advice with respect to the probable economic effect on U.S. industries producing like or directly competitive articles and on consumers of the elimination of U.S. import duties for all beneficiary developing countries under the GSP for the following HTS subheadings: 9102.11.10, 9102.11.25, 9102.11.30, 9102.11.45, 9102.19.20, 9102.19.40, and 9102.91.40. In providing its advice on these articles, the USTR asked that the Commission assume that the benefits of the GSP would not apply to imports that would be excluded from receiving such benefits by virtue of competitive need limits specified in section 503(c)(2)(A) of the 1974 Act. In his letter, the USTR also requested that the Commission provide advice concerning other modifications to the GSP as part of the 2005 review. The Commission will provide that advice in November 2005 in its report on investigation No. 332-470, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2005 Review. In addition, as requested by the USTR, the Commission will provide advice with respect to HTS subheadings 9102.11.10, 9102.11.25, 9102.11.30, 9102.11.45, 9102.19.20, 9102.19.40, and 9102.91.40, as to the probable economic effect on United States industries (defined for watches and watch bands, straps and bracelets as those located in the United States and United States insular possessions) manufacturing or assembling watches, watch bands, straps or bracelets of the elimination of U.S. import duties under the GSP program. In addition to advice on the probable economic effect on these industries as a single geographic unit, the Commission will also provide separate advice on the probable economic effect of such action on the watch manufacturing and assembly industry and the watch band, strap, and bracelet manufacturing and assembly industry and for each geographic area (the United States and the United States insular possessions). As requested, the Commission will also provide, to the extent possible, data and analysis on the following factors for the most recent three year period for the United States industries (as defined above) manufacturing or assembling watches or manufacturing or assembling watch bands, straps or bracelets: annual production, capacity, capacity utilization, domestic shipments, exports, inventories, employment, wages, financial experience (including prices), the potential decline in output, market share, profits, productivity and return on investment, the potential negative effects on cash flow, the ability to raise capital and investment, any rapid increases in import penetration and the likelihood that such penetration will rise to an injurious level, factors affecting domestic prices, and any other factors that the Commission deems relevant. The Commission will also provide data for the most recent three-year period, to the extent possible, on the following factors for current and potential foreign producers: current and potential production capacity and capacity utilization, domestic shipments, and exports to the United States and other markets. As requested by the USTR, the Commission will seek to provide its advice no later than February 17, 2006.
Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2005 Review
Following receipt on August 9, 2005 of a request form the United States Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the Commission instituted investigation No. 332-470, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2005 Review. Background: As requested by the USTR, in accordance with sections 503(a)(1)(A), 503(e), and 131(a) of the Trade Act of 1974, as amended (1974 Act), and under section 332(g) of the Tariff Act of 1930, the Commission will provide advice with respect to the probable economic effect on U.S. industries producing like or directly competitive articles and on consumers of the elimination of U.S. import duties for all beneficiary developing countries under the GSP for HTS subheading 1302.39.0010. In providing its advice on these articles, the USTR asked that the Commission assume that the benefits of the GSP would not apply to imports that would be excluded from receiving such benefits by virtue of competitive need limits specified in section 503(c)(2)(A) of the 1974 Act. In his letter, the USTR also requested that the Commission provide advice, on a different time schedule, with respect to the probable economic effect of the elimination of U.S. duties on certain watches. The Commission will provide that advice in February 2006 in its report on investigation No. 332-471, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2005 Special Review on Watches. As requested by the USTR, the Commission will provide advice as to the probable economic effect on United States industries producing like or directly competitive articles and on consumers of the restoration of India for duty-free treatment under the GSP for HTS subheading 2916.39.15. As requested by the USTR and in accordance with section 503(d)(1)(A) of the 1974 Act, the Commission will provide advice on whether any industry in the United States is likely to be adversely affected by a waiver of the competitive need limits specified in section 503(c)(2)(A) of the 1974 Act for the Philippines for HTS subheading 0804.50.80; for Brazil for HTS subheading 4412.19.40; and for Turkey for HTS subheadings 6802.21.10 and 6802.91.20. As requested by the USTR, the Commission will provide its advice no later than November 10, 2005. With respect to the competitive need limit in section 503(c)(2)(A)(i)(I) of the 1974 Act, the Commission, as requested, will use the dollar value limit of $115,000,000.
Probable Economic Effect of the Reduction of U.S. Tariffs: Update of Advice for Certain Items
Following receipt of a request on July 29, 2005, from the U.S. Trade Representative (USTR), the Commission instituted investigation No. 332-472, Probable Economic Effect of the Reduction of U.S. Tariffs: Update of Advice for Certain Items, under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)). Background: In August 2002, at the request of the USTR, the Commission provided advice as to the probable economic effect of implementing certain tariff reduction scenarios (Inv. No. 332-440, Probable Economic Effect of the Reduction or Elimination of U.S. Tariffs). The advice was based on 2002 U.S. Harmonized Tariff System (HTS) nomenclature and 2000 trade data. In his letter of July 29, 2005, the USTR noted that U.S. imports of certain products have risen significantly since 2000, and directed that the Commission update its advice on products that have experienced a substantial increase in imports as defined by certain criteria. As requested by the USTR, the Commission will provide advice as to the probable economic effect on industries producing like or directly competing articles and on consumers of reducing U.S. tariffs by 75 percent on dutiable imports from all U.S. trading partners for products (8-digit HTS items) that meet all of the following criteria: At least a 50-percent increase in the value of dutiable imports from 2000-2004; At least a $10 million increase in the value of dutiable imports from 2000-2004; Dutiable imports were valued at more than $500,000 in 2000; A 2004 ad valorem equivalent U.S. tariff on dutiable imports of at least 5 percent; and The Commission's 2002 advice for the item did not indicate a substantial adverse effect on U.S. industry as a result of U.S. tariff elimination. The USTR requested that the Commission base its advice on 2005 HTS nomenclature and 2004 trade data. He also asked that the advice include a concordance to the 1996 Harmonized System nomenclature that is being used in the WTO negotiations. In addition, he requested that the report identify the five largest sources of dutiable imports (including import values) for each item analyzed under the criteria identified above. The USTR also asked that the Commission provide supplementary analysis that examines factors affecting trade and the competitive position of U.S. industry if, in conducting its analysis based on the more recent data, the Commission identifies items for which the 75 percent tariff reduction scenario indicates a greater adverse effect on U.S. industry than was indicated for those items under the tariff elimination scenario presented in the 2002 report. As requested, the Commission will transmit its report by no later than December 13, 2005.
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