ITC Initiates Investigation into Possible GSP Modifications and CNL Waivers

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January 23, 2013

At the request of the United States Trade Representative (USTR), the U.S. International Trade Commission (ITC) recently initiated an investigation into possible modifications to the Generalized System of Preferences (GSP). The ITC will provide advice regarding the likely impact on competing U.S. industries of the addition of 10 Harmonized Tariff Schedule (HTS) subheadings to the list of articles eligible for the GSP. Additionally, the ITC will provide advice related to the likely impact on competing U.S. industries of competitive need limitation (CNL) waivers on 12 HTS subheadings for certain countries. The ITC’s advice to the USTR is due by April 8, 2013.

The ITC has requested input from interested parties and will hold a public hearing on February 27, 2013. Requests to appear at the hearing are due by 5:15pm on February 11, 2013. Written Submissions are due by 5:15pm on March 4, 2013.

The 10 HTS subheadings being considered as possible additions to the GSP are:

• 0603.11.00 or 0603.11.0010, 0603.11.0030, 0603.11.0060 - sweetheart, spray, and other roses, fresh cut
• 0710.80.97 or 0710.80.9722, 0710.80.9724, 0710.80.9726 - vegetables not elsewhere specific or included, uncooked or cooked by steaming or boiling in water, frozen, reduced in size or the 3 existing 10 digit lines for broccoli
• 2005.99.80  - artichokes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen
• 7408.19.0030 - refined copper, wire, with maximum cross-sectional dimension of 6 mm or less.

The 12 HTS subheadings being considered for competitive need limitation waivers are:

• 0410.00.00 - edible products of animal origin, not elsewhere specified or included - from Indonesia
• 0603.13.00 - orchids: cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared - from Thailand
• 1102.90.25 - rice flour - from Thailand
• 2106.90.99 - food preparations not elsewhere specified or included, not canned or frozen - from Thailand
• 6911.10.37 - porcelain or china (other than bone china) household table & kitchenware in sets in which aggregate value of articles is over $56 but not over $200 - from Indonesia
• 7202.21.50 - ferrosilicon containing by weight more than 55% but not more than 80% of silicon, not elsewhere specified or included - from Russia
• 7202.30.00 - ferrosilicon manganese - from Georgia
• 7202.99.20 - calcium silicon ferroalloys - from Brazil
• 7307.21.50 - stainless steel, not cast, flanges for tubes/pipes, not forged or forged and machined, tooled and otherwise processing after forging - from India
• 7307.91.50 - 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
• 7408.29.10 - copper wire, coated or plated with metal - from Thailand
• 9506.70.40 - ice skates with footwear permanently attached - from Thailand.

For further information, please contact a Barnes/Richardson attorney.