Importers and other interested parties have until Nov. 23 to file petitions with the Office of the U.S. Trade Representative to maintain duty-free treatment under the Generalized System of Preferences for nine products that are on track to exceed one of two statutory competitive need limitations.
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).
Based on import data through September, the following nine products may exceed one of these two CNLs (specifically, the 50 percent CNL, except beverages from Thailand). Petitions to waive the applicable CNLs with respect to these products are due to USTR by Nov. 23.
- dates, fresh or dried, whole, without pits, packed in units weighing over 4.6 kg, from Tunisia (HTSUS 0804.10.60)
- virgin olive oil and its fractions, whether or not refined, not chemically modified, weighing with the immediate container 18 kg or over, from Tunisia (HTSUS 1509.10.40) - single cell micro-organisms, dead, excluding yeasts (but not including vaccines of heading 3002), from Brazil (HTSUS 2102.20.60)
- non-alcoholic beverages, not elsewhere specified or included, not including fruit or vegetable juices of heading 2009, from Thailand (HTSUS 2202.90.90)
- insulated beverage bag with outer surface textiles, interior only flexible plastic container storing/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)
- iron or steel, cast grinding balls and similar articles for mills, from India (HTSUS 7325.91.00)
- parts and accessories of motor vehicles of heading 8701 from India (HTSUS 8708.50.95)
For more information, or for assistance in submitting a CNL waiver petition, please contact David Olave at (202) 730-4960.
Copyright © 2021 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.