USITC Requests Public Comments on the GSP Eligibility of Tires from Thailand

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January 12, 2010

The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation concerning possible modifications to the Generalized System of Preferences (GSP).

The investigation, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2009 Review of a Competitive Need Limit Waiver (Investigation No. 332-512), was requested by the U.S. Trade Representative (USTR).

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice as to the impact of granting a waiver of the competitive need limits for Thailand for new pneumatic radial tires, of rubber, of a kind used on motor cars (including station wagons and racing cars) (HTS subheading 4011.10.10).

"Competitive need limits" represent the maximum import level of a product that is eligible for duty-free treatment under the GSP. Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted. With respect to the competitive need limit in section 503(c)(2)(A)(i)(I) of the 1974 Act, the Commission, as requested, will use the dollar value limit of $140 million.

The USITC is expected to submit its confidential report to USTR by March 30, 2010. As soon as possible thereafter, the USITC will, as requested by USTR, issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.

The USITC is seeking input for its new investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on February 16, 2010. Requests to appear at the public hearing should be filed no later than February 2, 2010.

The USITC also welcomes written submissions for the record. Written submissions should be submitted at the earliest practical date but no later than 5:15 p.m. on February 26, 2010 to ensure consideration.

For more information on what comments the USITC is accepting or how to submit comment, please contact a Barnes/Richardson attorney.