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Import Statistics Highlight 19 Goods that May Become Ineligible for GSP

Friday, November 22, 2013
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative has made available import statistics for the first eight months of 2013 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. 20.

Congressional authorization of GSP expired July 31, but USTR is accepting CNL waiver petitions so that the president can be in a position to take action if GSP is reauthorized. USTR emphasizes that no action will be taken regarding any petitions submitted as part of the 2013 GSP Annual Review, including CNL waiver petitions, as long as GSP remains without authorization.

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 a quantity of a GSP-eligible article having (a) a value in excess of the applicable amount for that year ($160 million for 2013) or (2) 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 ($21.5 million for 2013).

The interim statistics show that the following products from the indicated BDCs may exceed the CNLs for 2013.

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

- whole fresh or dried dates from Tunisia (HTSUS 0804.10.60)

- rice flour from Thailand (HTSUS 1102.90.25)

- olive oil (other than virgin olive oil) from Turkey (HTSUS 1509.90.40)

- coconuts otherwise prepared or preserved from Thailand (HTSUS 2008.19.15)

- mangoes otherwise prepared or preserved from Thailand (HTSUS 2008.99.40)

- dead single-cell microorganisms, excluding yeasts, from Brazil (HTSUS 2102.20.60)

- other nonaromatic cyclic amides from India (HTSUS 2924.29.95)

- 1,1’-Azobisformamide from Indonesia (HTSUS 2927.00.15)

- other compounds containing an unfused thiazole ring from India (HTSUS 2934.10.90)

- coniferous wood continuously shaped along any of its ends from Brazil (HTSUS 4409.10.05)

- setts, curbstones and flagstones of natural stone from India (HTSUS 6801.00.00)

- gold, nonmonetary, in semimanufactured forms from Bolivia (HTSUS 7108.13.70)

- ferrosilicon from Russia (HTSUS 7202.21.50)

- stainless steel flanges for tubes/pipes from India (HTSUS 7307.21.50)

- copper alloys, wire, coated or plated with metal from Thailand (HTSUS 7408.29.10)

- aluminum collapsible tubular containers from India (HTSUS 7612.10.00)

- tin articles from Indonesia (HTSUS 8007.00.50)

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

USTR notes that this list may not include all articles that could be affected by the CNLs. 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 2013 import data for each GSP-eligible article, which is expected to be available in February 2014. USTR strongly encourages interested parties to conduct their own reviews of 2013 import data with regard to the possible application of CNLs.

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