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Opportunity to Add or Remove Goods and Countries to/from GSP Duty-Free Treatment

Thursday, April 05, 2018
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative has reopened its annual review of the products and countries eligible for duty-free treatment under the Generalized System of Preferences and is accepting petitions seeking to add, preserve, or remove GSP benefits. All petitions (as described below) are due by April 16. USTR will announce which petitions have been accepted and a schedule for hearings and comments at a later date.

For more information, or for assistance in preparing and submitting petitions for this review, please contact Nicole Bivens Collinson at (202) 730-4956.

Product Review. Interested parties, including foreign governments, may submit petitions to:

- designate additional articles as eligible for GSP benefits, including when imported only from (a) least-developed beneficiary developing countries or (b) beneficiary sub-Saharan African countries under the African Growth and Opportunity Act; or

- withdraw, suspend, or limit the application of GSP duty-free treatment with respect to any article.

USTR has posted to its website lists of (a) GSP-eligible articles that exceeded a competitive need limitation in 2017 by having an import value greater than $180 million or 50 percent of the total U.S. import value for that year (these will be removed from GSP eligibility as of Nov. 1 unless the president grants a waiver), (b) GSP eligible articles that exceed the 50 percent CNL but are eligible for a de minimis waiver, and (c) GSP-eligible articles from certain BDCs that are not currently receiving duty-free treatment but may be considered for redesignation (products exceeding 50 percent of imports may be considered if there was no U.S. production in the last three years).

Petitions are not necessary for articles eligible for a de minimis waiver to be considered for one, but interested parties may submit petitions to:

- waive the CNL for individual BDCs with respect to specific articles (petitions should indicate whether there was production of a like or directly competitive product in the U.S. during the previous three calendar years (2015 through 2017));

- deny de minimis waivers for products otherwise eligible for them; or

- redesignate products currently excluded from GSP eligibility.

Country Practices Review. Any interested party may submit a petition to review the GSP eligibility of any BDC with respect to any of the GSP designation criteria.

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