[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11589-11591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4496]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-529]


Advice Concerning Possible Modifications to the U.S. Generalized 
System of Preferences, 2011 Review of Additions and Competitive Need 
Limitation Waivers Institution of Investigation and Scheduling of 
Hearing

AGENCY: United States International Trade Commission.

ACTION: Notice of institution of investigation and scheduling of public 
hearing.

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SUMMARY: Following receipt of a request on February 14, 2012, from the 
United States Trade Representative (USTR), the U.S. International Trade 
Commission (Commission) instituted investigation No. 332-529, Advice 
Concerning Possible Modifications to the U.S. Generalized System of 
Preferences, 2011 Review of Additions and Competitive Need Limitation 
Waivers, for the purpose of providing advice as to the probable 
economic effect of the addition of certain products to the list of 
items eligible for duty-free treatment under the U.S. GSP program and 
providing advice on whether any industry in the United States is likely 
to be adversely affected by a waiver of the competitive need 
limitations under the program for certain countries and articles.

DATES: 
    March 12, 2012: Deadline for filing a request to appear at the 
public hearing.
    March 15, 2012: Deadline for filing pre-hearing briefs and 
statements.
    March 30, 2012: Public hearing.
    April 4, 2012: Deadline for filing post-hearing briefs and 
statements.
    April 4, 2012: Deadline for filing all other written submissions.
    May 14, 2012: Transmittal of Commission report to the USTR.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Information specific to this 
investigation may be obtained from Vincent Honnold, Project Leader, 
Office of Industries (202-205-3314 or <a href="/cdn-cgi/l/email-protection#bbcdd2d5d8ded5cf95d3d4d5d5d4d7dffbcec8d2cfd895dcd4cd"><span class="__cf_email__" data-cfemail="ddabb4b3beb8b3a9f3b5b2b3b3b2b1b99da8aeb4a9bef3bab2ab">[email protected]</span></a>), 
Michael McConnell, Deputy Project Leader, Office of Industries (202-
205-3443 or <a href="/cdn-cgi/l/email-protection#d2bfbbb1bab3b7befcbfb1b1bdbcbcb7bebe92a7a1bba6b1fcb5bda4"><span class="__cf_email__" data-cfemail="b1dcd8d2d9d0d4dd9fdcd2d2dedfdfd4ddddf1c4c2d8c5d29fd6dec7">[email protected]</span></a>), or Cynthia B. Foreso, 
Technical Advisor, Office of Industries (202-205-3348 or 
<a href="/cdn-cgi/l/email-protection#a9cad0c7ddc1c0c887cfc6dbccdac6e9dcdac0ddca87cec6df"><span class="__cf_email__" data-cfemail="2b4852455f43424a054d44594e58446b5e58425f48054c445d">[email protected]</span></a>). For information on the legal aspects of 
these investigations, contact William Gearhart of the Commission's 
Office of the General Counsel (202-205-3091 or 
<a href="/cdn-cgi/l/email-protection#32455b5e5e5b535f1c555753405a5340467247415b46511c555d44"><span class="__cf_email__" data-cfemail="53243a3f3f3a323e7d343632213b3221271326203a27307d343c25">[email protected]</span></a>). The media should contact Margaret 
O'Laughlin, Office of External Relations (202-205-1819 or 
<a href="/cdn-cgi/l/email-protection#563b3724313724332278393a3723313e3a3f381623253f223578313920"><span class="__cf_email__" data-cfemail="9bf6fae9fcfae9feefb5f4f7faeefcf3f7f2f5dbeee8f2eff8b5fcf4ed">[email protected]</span></a>). Hearing-impaired individuals may obtain 
information on this matter by contacting the Commission's TDD terminal 
at 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its Internet server (http://www.usitc.gov). 
Persons with mobility impairments who

[[Page 11590]]

will need special assistance in gaining access to the Commission should 
contact the Office of the Secretary at 202-205-2000.
    Background: The USTR has requested three types of advice. First, in 
accordance with sections 503(a)(1)(A), 503(e), and 131(a) of the Trade 
Act of 1974, and pursuant to the authority of the President delegated 
to the USTR by sections 4(c) and 8(c) and (d) of Executive Order 11846 
of March 31, 1975, as amended, and pursuant to section 332(g) of the 
Tariff Act of 1930, the USTR has requested, and the Commission will 
provide, advice as to the probable economic effect on U.S. industries 
producing like or directly competitive articles, on U.S. imports, and 
on U.S. consumers of the elimination of U.S. import duties on the 
following article for all beneficiary developing countries under the 
GSP program: Sacks and bags (including cones) for the conveyance or 
packing of goods, of polymers of ethylene, provided for in HTS 
subheading 3923.21.00.
    Second, in accordance with sections 503(a)(1)(B), 503(e), and 
131(a) of the Trade Act of 1974, and pursuant to the authority of the 
President delegated to the USTR by sections 4(c) and 8(c) and (d) of 
Executive Order 11846 of March 31, 1975, as amended, and pursuant to 
section 332(g) of the Tariff Act of 1930, the USTR has requested, and 
the Commission will provide, advice as to the probable economic effect 
on U.S. industries producing like or directly competitive articles, on 
U.S. imports, and on U.S. consumers of the elimination of U.S. import 
duties on the following HTS subheadings and articles for least-
developed beneficiary developing countries under the GSP program: HTS 
subheadings 5201.00.18 (Cotton, not carded or combed, having a staple 
length under 28.575 mm (1\1/8\ inches), n/harsh or rough, nesoi), 
5201.00.22 (Cotton, not carded or combed, staple length of 28.575 mm or 
more but under 34.925 mm, described in gen. note 15), 5201.00.24 
(Cotton, carded or combed, harsh or rough, staple length 29.36875 mm or 
more but n/o 34.925 mm, white in color, quota described in chapter 52 
add US note 6), 5201.00.28 (Cotton, not carded or combed, harsh or 
rough, staple length of 29.36875 mm or more but under 34.925 mm & white 
in color, nesoi), 5201.00.34 (Cotton, not carded or combed, staple 
length of 28.575 mm or more but under 34.925 mm, other, quota described 
in chapter 52 add'l US note 7), 5201.00.38 (Cotton, not carded or 
combed, staple length of 28.575 mm or more but under 34.925 mm, nesoi), 
5202.91.00 (Cotton garnetted stock), 5202.99.30 (Cotton card strips 
made from cotton waste having staple length under 30.1625 mm & lap, 
sliver & roving waste, nesoi), 5203.00.05 (Cotton fibers, carded or 
combed, of cotton fiber processed but not spun, described in gen. note 
15), 5203.00.10 (Cotton fibers, carded or combed, of cotton fiber 
processed but not spun, quota described in chapter 52 add'l US note 
10), 5203.00.30 (Cotton fibers, carded or combed, of cotton fiber 
processed, but not spun, nesoi), and 5203.00.50 (Cotton carded or 
combed, excluding fibers of cotton processed but not spun).
    Third, under authority delegated by the President, pursuant to 
section 332(g) of the Tariff Act of 1930, and in accordance with 
section 503(d)(1)(A) of the Trade Act of 1974, the USTR has requested, 
and the Commission will provide, advice on whether any industry in the 
United States is likely to be adversely affected by a waiver of the 
competitive need limitations specified in section 503(c)(2)(A) of the 
Trade Act of 1974 for the following HTS subheadings and countries: 
1602.50.20 (Prepared or preserved beef in airtight containers, other 
than corned beef, not containing cereals or vegetables) from Argentina; 
2840.19.00 (Disodium tetraborate (refined borax) except anhydrous) from 
Turkey; 2921.19.60 (Other acyclic monoamines and their derivatives) 
from Philippines; 2922.41.00 (Lysine and its esters and salts thereof) 
from Brazil; 3307.41.00 (``Agarbatti'' and other odoriferous 
preparations which operate by burning, to perfume or deodorize rooms or 
used during religious rites) from India; 4015.19.10 (Seamless gloves of 
vulcanized rubber other than hard rubber, other than surgical or 
medical gloves) from Thailand; 7606.12.30 (Aluminum alloy, plates/
sheets/strip, w/thick. o/0.2mm, rectangular (inc. sq), not clad) from 
Indonesia; 8415.90.80 (Parts for air conditioning machines, nesi) from 
Thailand; and 8708.30.50 (Pts. & access. of mtr. vehicles of 8701, 
nesoi, and 8702-8705, brakes and servo-brakes & pts thereof) from 
India. As requested, the Commission will also provide advice with 
respect to whether like or directly competitive products were being 
produced in the United States on January 1, 1995, and will provide 
advice as to the probable economic effect on total U.S. imports, as 
well as on consumers, of the requested waivers. For purposes of the 
competitive need limit in section 503(c)(2)(A)(i)(I) of the Trade Act 
of 1974, the Commission will use, as requested, the dollar value limit 
of $150,000,000.
    To the extent possible, the Commission will provide its probable 
economic effect advice and statistics and other relevant information or 
advice separately and individually for each U.S. Harmonized Tariff 
Schedule subheading subject to this request. As requested, the 
Commission will provide its advice by May 14, 2012.
    The USTR indicated that the portions of the Commission's report and 
working papers that contain the Commission's advice and assessment will 
be classified on the basis that they concern matters relating to the 
national security. In addition, the USTR said that he considers the 
Commission's report to be an inter-agency memorandum that will contain 
pre-decisional advice and be subject to the deliberative process 
privilege.
    Public Hearing: A public hearing in connection with this 
investigation will be held at the U.S. International Trade Commission 
Building, 500 E Street SW., Washington, DC, beginning at 9:30 a.m. on 
March 30, 2012. Requests to appear at the public hearing should be 
filed with the Secretary, no later than 5:15 p.m., March 12, 2012, in 
accordance with the requirements in the ``Submissions'' section below. 
All pre-hearing briefs and statements should be filed not later than 
5:15 p.m., March 15, 2012; and all post-hearing briefs and statements 
should be filed not later than 5:15 p.m., April 4, 2012. In the event 
that, as of the close of business on March 12, 2012, no witnesses are 
scheduled to appear at the hearing, the hearing will be canceled. Any 
person interested in attending the hearing as an observer or 
nonparticipant may call the Secretary to the Commission (202-205-2000) 
after March 12, 2012, for information concerning whether the hearing 
will be held.
    Written Submissions: In lieu of or in addition to participating in 
the hearing, interested parties are invited to file written submissions 
concerning this investigation. All written submissions should be 
addressed to the Secretary, and should be received not later than 5:15 
p.m., April 4, 2012. All written submissions must conform with the 
provisions of section 201.8 of the Commission's Rules of Practice and 
Procedure (19 CFR 201.8). Section 201.8 requires that a signed original 
(or a copy so designated) and fourteen (14) copies of each document be 
filed. In the event that confidential treatment of a document is 
requested, at least four (4) additional copies must be filed, in which 
the confidential information must be deleted (see the following

[[Page 11591]]

paragraph for further information regarding confidential business 
information). The Commission's rules authorize filing submissions with 
the Secretary by facsimile or electronic means only to the extent 
permitted by section 201.8 of the rules (see Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf). Persons with 
questions regarding electronic filing should contact the Secretary 
(202-205-2000).
    Any submissions that contain confidential business information must 
also conform with the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
be clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available 
for inspection by interested parties.
    The Commission may include in the report it sends to the President 
and the USTR some or all of the confidential business information it 
receives in this investigation. The USTR has asked that the Commission 
make available a public version of its report shortly after its sends 
its report to the President and the USTR, with any classified or 
confidential business information deleted. The confidential business 
information received in this investigation and used in the preparation 
of the report will not be published in the public version of the report 
in such manner as would reveal the operations of the firm supplying the 
information.

    By order of the Commission.
     Issued: February 22, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-4496 Filed 2-24-12; 8:45 am]
BILLING CODE 7020-02-P


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