Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 10339 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Generalized System of Preferences 

(GSP): Announcing the Availability of 

Import Statistics Relating to 

Competitive Need Limitations (CNLs) 

and Inviting Public Comment on CNL 

Waivers Subject to Potential 

Revocation Based on New Statutory 

Thresholds, Possible De Minimis 

Waivers, and Product Redesignations 

for the 2009 Annual Review 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Notice and solicitation of 

comments. 

SUMMARY: This notice announces the 

availability of full 2009 calendar year 

import statistics relating to competitive 

need limitations (CNLs) under the 

Generalized System of Preferences 

(GSP) program. The Office of the United 

States Trade Representative (USTR) will 

accept public comments submitted by 5 

p.m., Thursday, March 25, 2010, via 

http://www.regulations.gov regarding 

three issues: (1) Potential revocation of 

CNL waivers that meet the statutory 

thresholds set forth by section 

503(d)(4)(B)(ii) of the Trade Act of 1974 

(19 U.S.C. 2463(d)(4)(B)(ii)), as amended 

by Public Law 109–432; (2) possible de 

minimis CNL waivers; and (3) possible 

redesignations of articles currently not 

eligible for GSP benefits because they 

previously exceeded the CNL 

thresholds. 

FOR FURTHER INFORMATION CONTACT: 

Tameka Cooper, GSP Program, Office of 

the United States Trade Representative, 

1724 F Street, NW., Washington, DC 

20508. The telephone number is (202) 

395–6971, the fax number is (202) 395– 

2961, and the e-mail address is 

Tameka_Cooper@ustr.eop.gov. 

SUPPLEMENTARY INFORMATION: 

I. Competitive Need Limitations 

The GSP program provides for the 

duty-free importation of designated 

articles when imported from designated 

beneficiary developing countries 

(BDCs). The GSP program is authorized 

by title V of the Trade Act of 1974 (19 

U.S.C. 2461, et seq.), as amended (the 

‘‘1974 Act’’), and is implemented in 

accordance with Executive Order 11888 

of November 24, 1975, as modified by 

subsequent Executive Orders and 

Presidential Proclamations. 

Section 503(c)(2)(A) of the 1974 Act 

sets out the two CNLs. When The 

President determines that a BDC 

exported to the United States during a 

calendar year either (1) a quantity of a 

GSP-eligible article having a value in 

excess of the applicable amount for that 

year ($140 million for 2009), or (2) a 

quantity of a GSP-eligible article having 

a value equal to or greater than 50 

percent of the value of total U.S. imports 

of the article from all countries (the ‘‘50 

percent’’ CNL), the President must 

terminate GSP duty-free treatment for 

that article from that BDC by no later 

than July 1 of the next calendar year. 

De minimis waivers: Under section 

503(c)(2)(F) of the 1974 Act, the 

President may waive the 50 percent 

CNL 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 ($19.5 million for 

2009). 

Re-designations: Under section 

503(c)(2)(C) of the 1974 Act, if imports 

of an eligible article from a BDC ceased 

to receive duty-free treatment due to 

exceeding a CNL in a prior year, the 

President may, subject to the 

considerations in sections 501 and 502 

of the 1974 Act, redesignate such an 

article for duty-free treatment if imports 

in the most recently completed calendar 

year did not exceed the CNLs. 

CNL waiver revocation: Under Section 

503(d)(5) of the 1974 Act, a CNL waiver 

remains in effect until the President 

determines that it is no longer 

warranted due to changed 

circumstances. Section 503(d)(4)(B)(ii) 

of the 1974 Act, as amended by Public 

Law 109–432, also provides that, ‘‘[n]ot 

later than July 1 of each year, the 

President should revoke any waiver that 

has then been in effect with respect to 

an article for 5 years or more if the 

beneficiary developing country has 

exported to the United States (directly 

or indirectly) during the preceding 

calendar year a quantity of the article— 

(I) having an appraised value in excess 

of 1.5 times the applicable amount set 

forth in subsection (c)(2)(A)(ii) for that 

calendar year [$210 million in 2009]; or 

(II) exceeding 75 percent of the 

appraised value of the total imports of 

that article into the United States during 

that calendar year.’’ 

II. Implementation of Competitive Need 

Limitations, Waivers, and 

Redesignations 

Exclusions from GSP duty-free 

treatment where CNLs have been 

exceeded will be effective July 1, 2010, 

unless granted a waiver by the 

President. Any CNL-based exclusions, 

CNL waiver revocations, and decisions 

with respect to de minimis waivers and 

redesignations will be based on full 

2009 calendar year import data. 

III. 2009 Import Statistics 

In order to provide notice of articles 

that have exceeded the CNLs for 2009 

and to afford an opportunity for 

comment regarding (1) the potential 

revocation of waivers subject to the CNL 

waiver thresholds for 2009, (2) potential 

de minimis waivers, and (3) 

redesignations, the lists of the articles 

are available as supporting material 

within Docket USTR–2010–0009 or at: 

http://www.ustr.gov/trade-topics/tradedevelopment/preference-programs/ 

generalized-system-preference-gsp/ 

current-review-1, under ‘‘2009 GSP 

Review, Full-Year 2009 Import Statistics 

Relating to Competitive Need 

Limitations (CNLs).’’ Full 2009 calendar 

year data for individual tariff 

subheadings may also be viewed on the 

Web site of the U.S. International Trade 

Commission at http://dataweb.usitc.gov. 

The lists available on the USTR Web 

site contain, for each article, the 

Harmonized Tariff Schedule of the 

United States (HTSUS) subheading and 

BDC country of origin, the value of 

imports of the article for the 2009 

calendar year, and the percentage of 

total imports of that article from all 

countries. The annotations on the lists 

indicate, among other things, the status 

of GSP eligibility. 

The computer-generated lists 

published on the USTR Web site are for 

informational purposes only. They may 

not include all articles to which the GSP 

CNLs may apply. All determinations 

and decisions regarding the CNLs of the 

GSP program will be based on full 2009 

calendar year import data with respect 

to each GSP-eligible article. Each 

interested party is advised to conduct its 

own review of 2009 import data with 

respect to the possible application of the 

GSP CNL provisions. 

List I on the USTR Web site shows: (a) 

Articles from BDCs that became 

ineligible for GSP treatment on or before 

July 1, 2009; and (b) GSP-eligible 

articles from BDCs that exceeded a CNL 

by having been exported in excess of 

$140 million, or in a quantity equal to 

or greater than 50 percent of the total 

U.S. import value, in 2009. Petitions to 

grant CNL waivers for those articles that 

received GSP benefits during 2009 but 

stand to lose GSP duty-free treatment on 

July 1, 2010, must have been previously 

submitted in the 2009 GSP Annual 

Review. 

List II identifies GSP-eligible articles 

from BDCs that are above the 50 percent 

CNL, but that are eligible for a de 

minimis waiver of the 50 percent CNL. 

Articles eligible for de minimis waivers 

are automatically considered in the GSP 

annual review process, without 


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10340 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 

petitions, and public comments 

(including comments in support of or in 

opposition to de minimis waivers) are 

invited in accordance with the 

Requirements for Submissions below. 

List III shows GSP-eligible articles 

from certain BDCs that are currently not 

receiving GSP duty-free treatment, but 

that may be considered for GSP 

redesignation based on 2009 trade data 

and consideration of certain statutory 

factors, as set forth above. 

Recommendations to the President on 

redesignations are normally made as 

part of the GSP annual review process, 

and public comments (including 

comments in support of or in opposition 

to redesignations) are invited in 

accordance with the Requirements for 

Submissions below. 

List IV shows articles subject to the 

new CNL waiver thresholds of section 

503(d)(4)(B)(ii) of the 1974 Act, as 

amended by Public Law 109–432. 

Recommendations to the President on 

revocation of these waivers will be 

made as part of the 2009 GSP annual 

review process, and public comments 

(including comments in support of or in 

opposition to revocations of CNL 

waivers) are invited in accordance with 

the Requirements for Submissions 

below. 

IV. Public Comments 

Requirements for Submissions 

Submissions in response to this notice 

must be submitted electronically by the 

March 25, 2010 deadline listed above 

using http://www.regulations.gov, 

docket number USTR–2010–0009. 

Instructions for submitting business 

confidential versions are provided 

below. Hand-delivered and faxed 

submissions will not be accepted. 

Submissions must be submitted in 

English to the Chairman of the GSP 

Subcommittee, Trade Policy Staff 

Committee, by the applicable deadlines 

set forth in this notice. 

To make a submission using http:// 

www.regulations.gov, enter docket 

number USTR–2010–0009 on the 

homepage and click ‘‘Search’’. The site 

will provide a search-results page listing 

all documents associated with this 

docket. Locate the reference to this 

notice by selecting ‘‘Notices’’ under 

‘‘Document Type’’. Locate the reference 

to this notice by selecting ‘‘Notices’’ 

under ‘‘Document Type’’ on the left side 

of the search-results page, and click on 

the link entitled ‘‘Submit a Comment’’. 

(For further information on using the 

http://www.regulations.gov Web site, 

please consult the resources provided 

on the Web site by clicking ‘‘How to Use 

This Site’’ on the left side of the home 

page.) 

The http://www.regulations.gov Web 

site offers the option of providing 

comments by filling in a ‘‘Type 

Comment and Upload File’’ field or by 

attaching a document. Given the 

detailed nature of the information 

sought by the GSP subcommittee, USTR 

prefers comments to be provided in an 

attached document. If a document is 

attached, it is sufficient to type ‘‘See 

attached’’ in the ‘‘Type Comment and 

Upload File’’ field. 

Comments must be in English, with 

the total submission not to exceed 30 

single-spaced standard letter-size pages 

in 12-point type, including attachments. 

Any data attachments to the submission 

should be included in the same file as 

the submission itself, and not as 

separate files. Any person or party 

making a submission is strongly advised 

to review the GSP regulations and GSP 

Guidebook (available at: http:// 

www.ustr.gov/trade-topics/tradedevelopment/preference-programs/ 

generalized-system-preference-gsp/gspprogram-inf). 

V. Business Confidential Comments 

A person requesting that information 

contained in a comment submitted by 

that person be treated as confidential 

business information must certify that 

such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. Confidential business 

information must be clearly designated 

as such, the submission must be marked 

‘‘BUSINESS CONFIDENTIAL’’ at the top 

and bottom of the cover page and each 

succeeding page, and the submission 

should indicate, via brackets, the 

specific information that is confidential. 

Additionally, ‘‘Business Confidential’’ 

should be included in the ‘‘Type 

Comment & Upload File’’ field. Anyone 

submitting a comment containing 

business confidential information must 

also submit as a separate submission a 

non-confidential version of the 

confidential submission, indicating 

where confidential information has been 

redacted. The non-confidential 

summary will be placed in the docket 

and open to public inspection. 

Public versions of all documents 

relating to this review will be available 

for public viewing at http:// 

www.regulations.gov, docket number 

USTR–2010–0009, upon completion of 

processing and no later than 

approximately two weeks after the due 

date. 

Mary Estelle Ryckman, 

Assistant U.S. Trade Representative for Trade 

and Development, Office of the U.S. Trade 

Representative. 

[FR Doc. 2010–4706 Filed 3–4–10; 8:45 am] 

BILLING CODE 3190–W0–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending February 6, 

2010 

The following applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et 

seq.). 

The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: DOT–OST–2010– 

0029. 

Date Filed: February 2, 2010. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: February 23, 2010. 

Description: Application of Perimeter 

Aviation LP as represented by its 

general partner Perimeter Aviation GP 

Inc. c/o/b Perimeter Aviation requesting 

an exemption and a foreign air carrier 

permit to engage in charter foreign air 

transportation of persons, property and 

mail: (1) Between any points in Canada 

and any point or points in the United 

States; (2) between any point or points 

in the United States and any point or 

points in a third country or countries, 

provided that, except with respect to 

cargo charters, such service constitutes 

part of a continuous operation, with or 

without a change of aircraft, that 

includes service to Canada for the 

purpose of carrying local traffic between 


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