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Interim Import Statistics Highlight Goods that May Become Ineligible for GSP

Thursday, December 01, 2011
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative has made available import statistics for the first nine months of 2011 that identify goods that could become ineligible for benefits under the Generalized System of Preferences. Specifically, these interim statistics identify articles for which 2011 trade levels may exceed statutory competitive need limitations. USTR states that this information may be useful in deciding whether to submit a petition to waive the CNLs, and thus retain preferential treatment, for GSP-eligible articles from individual beneficiary developing countries. Such petitions are due by 5:00 p.m. EDT Dec. 16.

GSP provides for the duty-free importation of designated articles when imported from designated BDCs. When the president determines that a BDC has exported to the U.S. during a calendar year either (1) a quantity of a GSP-eligible article having a value in excess of the applicable amount for that year ($150 million for 2011) or (2) a quantity of a GSP-eligible article having a value equal to or greater than 50% of the value of total U.S. imports of the article from all countries, GSP duty-free treatment for that article from that BDC must be terminated by no later than July 1 of the next calendar year. However, the 50% CNL may be waived with respect to an eligible article imported from a BDC if the value of total imports of that article from all countries during the calendar year did not exceed the applicable de minimis amount for that year ($20.5 million for 2011).

The interim statistics show that the following products from the indicated BDCs may exceed the CNLs for 2011.

• edible products of animal origin from Indonesia (HTSUS 0410.00.00)

• pineapples, frozen, in water or containing added sweetening, from the Philippines (HTSUS 0811.90.50)

• prepared or preserved beef in airtight containers, other than corned beef, not containing cereals or vegetables, from Argentina (HTSUS 1602.50.20)

• single-cell micro-organisms, dead, excluding yeasts (but not including vaccines of heading 2003), from Brazil (HTSUS 2102.20.60)

• food preparations not elsewhere specified or included, not canned or frozen, from Thailand (HTSUS 2106.90.99)

• undenatured ethyl alcohol of 80% volume alcohol or higher, for beverage purposes (from Brazil (HTSUS 2207.10.30)

• disodium tetraborate (refined borax), except anhydrous, from Turkey (HTSUS 2840.19.00)

• triols and tetrols from India (HTSUS 2905.49.10)

• odoriferous or flavoring compounds of ether-phenols, ether-alcohol-phenols and their halogenated, sulfonated, nitrated, nitrosated derivatives, from Indonesia (HTSUS 2909.50.40)

• other acyclic monoamines and their derivatives from the Philippines (HTSUS 2921.19.60)

• amino-naphthols and amino-phenol, their ethers, esters, except those with more than one kind of oxygen function, and salts thereof, from Brazil (HTSUS 2922.41.00)

• “agarbatti” and other odoriferous preparations which operate by burning, to perfume or deodorize rooms or used during religious rites, from India (HTSUS 3307.41.00)

• seamless gloves of vulcanized rubber other than hard rubber, other than surgical or medical gloves, from Thailand (HTSUS 4015.19.10)

• whole upholstery leather of bovines (not buffalo) and equines, without hair on, prepared after tanning or crusting, not of heading 4114, from Brazil (HTSUS 4107.19.50)

• ferrosilicon containing by weight more than 55% but not more than 80% of silicon from Russia (HTSUS 7202.21.50)

• ferrosilicon manganese from Georgia (HTSUS 7202.30.00)

• calcium silicon ferroalloys from Argentina (HTSUS 7202.99.20)

• iron or steel (other than stainless), not cast, flanges for tubes/pipes, not forged or forged and machined, tooled and processed after forging, from India (HTSUS 7307.91.50)

• aluminum (other than alloy), unwrought, in coils, with uniform cross-section throughout length and with least cross-sectional dimension not over 9.5 mm, from Venezuela (HTSUS 7601.10.30)

• aluminum alloy, plates/sheets/strip, with thickness over 0.2mm, rectangular (including square), not clad, from Indonesia (HTSUS 7606.12.30)

• window or wall type air conditioning machines, split-system, from Thailand (HTSUS 8415.10.90)

• parts for air conditioning machines from Thailand (HTSUS 8415.90.80)

• taps, cocks, valves and similar appliances for pipes, boiler shells, tanks, vats or the like, other than hand operated, from Turkey (HTSUS 8481.80.90)

• parts and accessories of motor vehicles of headings 8701 and 8702-8705, brakes and servo-brakes and parts thereof, from India (HTSUS 8708.30.50 )

USTR notes that the above list may not include all articles that may be affected by the CNLs. Regardless of whether or not an article is included on this list, all determinations and decisions regarding application of the CNLs will be based on full calendar year 2011 import data for each GSP-eligible article.

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