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Additional Goods May Become Ineligible for GSP; Petition Deadline Extended

Monday, November 16, 2015
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative has made available import statistics for the first nine months of 2015 that identify goods that could become ineligible for benefits under the Generalized System of Preferences. This information may be useful in deciding whether to submit a petition to waive the competitive need limitations and thus retain preferential treatment for GSP-eligible articles that might otherwise lose them. The deadline for such petitions has been extended through Dec. 4.

GSP provides for the duty-free importation of designated articles when imported from designated beneficiary developing countries. When the president determines that a BDC has exported to the U.S. during a calendar year a quantity of a GSP-eligible article having (a) a value in excess of the applicable amount for that year ($170 million for 2015) or (2) a value equal to or greater than 50 percent 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 percent 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 ($22.5 million for 2015).

The interim statistics show that the following products from the indicated BDCs may exceed the CNLs for 2015. (Please note that some of these products also appeared in a Nov. 12 Trade Report article.)

- flexible plastic tubes, pipes and hoses from Brazil (HTSUS 3917.31.00)

- insulated beverage bags dispensing beverage through flexible tubing from the Philippines (HTSUS 4202.92.04)

- coniferous wood continuously shaped along any of its ends, whether or not also continuously shaped along any of its edges or faces, from Brazil (HTSUS 4409.10.05)

- porcelain or china household table and kitchen ware in sets from Indonesia (HTSUS 6911.10.37)

- stainless steel, not cast, flanges for tubes/pipes, from India (HTSUS 7307.21.50)

- iron or steel, not cast, flanges for tubes/pipes, from India (HTSUS 7307.91.50)

- iron or steel, cast grinding balls and similar articles from mills from India (HTSUS 7325.91.00)

- television cameras from Thailand (HTSUS 8525.80.30)

- insulated winding wire other than of copper from Venezuela (HTSUS 8544.19.00)

- parts and accessories of motor vehicles of heading 8701 from India (HTSUS 8708.50.95)

- spectacle lenses of materials other than glass, unmounted, from Thailand (HTSUS 9001.50.00)

Regardless of whether or not an article is listed above, all determinations and decisions regarding application of the CNLs will be based on full calendar year 2015 import data for each GSP-eligible article. USTR strongly encourages interested parties to conduct their own reviews of 2015 import data with regard to the possible application of CNLs and recommends the International Trade Commission’s DataWeb site as a source for this information.

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