9642 Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Notices 

guarantee equal opportunity for all 

individuals with disabilities, regardless 

of the nature or severity of the 

disability; and to empower individuals 

with disabilities to achieve economic 

self-sufficiency, independent living, and 

inclusion and integration into all 

aspects of society. 

ACCOMMODATIONS: Those needing 

reasonable accommodations should 

notify NCD immediately. 

Dated: February 26, 2009. 

Michael C. Collins, 

Executive Director. 

[FR Doc. E9–4772 Filed 3–3–09; 4:15 pm] 

BILLING CODE 6820–MA–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Generalized System of Preferences 

(GSP): Import Statistics Relating to 

Competitive Need Limitations (CNLS); 

Invitation for Public Comment on CNL 

Waivers Subject to Potential 

Revocation Based on New Statutory 

Thresholds, Possible de minimis 

Waivers, and Product Redesignations 

for the 2008 Annual Review 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Notice and Request for 

Comments. 

SUMMARY: This notice announces the 

availability of full 2008 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., Monday, March 23, 2009, 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., Room F–601, 

Washington, DC 20508. The telephone 

number is (202) 395–6971, the fax 

number is (202) 395–2961, and the email 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 ($135 million for 2008), 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 million for 

2008). 

Redesignations. 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 [$202.5 million in 2008]; 

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, 2009, 

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 

2008 calendar year import data. 

III. 2008 Import Statistics 

In order to provide notice of articles 

that have exceeded the CNLs for 2008 

and to afford an opportunity for 

comment regarding (1) The potential 

revocation of waivers subject to the CNL 

waiver thresholds for 2008, (2) potential 

de minimis waivers, and (3) 

redesignations, the lists of the articles 

are available as supporting material 

within Docket USTR–2009–0008, or at: 

http://www.ustr.gov/ 

Trade_Development/ 

Preference_Programs/GSP/ 

GSP_2008_Annual_Review/ 

Section_Index.html, under ‘‘2008 GSP 

Review, Full-Year 2008 Import Statistics 

Relating to Competitive Need 

Limitations (CNLs).’’ Full 2008 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 2008 

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 2008 

calendar year import data with respect 

to each GSP-eligible article. Each 

interested party is advised to conduct its 

own review of 2008 import data with 

respect to the possible application of the 

GSP CNL provisions. 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Notices 9643 

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

Articles from BDCs that became 

ineligible for GSP treatment on or before 

July 1, 2008; and (b) GSP-eligible 

articles from BDCs that exceeded a CNL 

by having been exported in excess of 

$135 million, or by an amount greater 

than 50 percent of the total U.S. import 

value in 2008. Petitions to grant CNL 

waivers for those articles that received 

GSP benefits during 2008 but stand to 

lose GSP duty-free treatment on July 1, 

2009, must have been previously 

submitted in the 2008 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 

petitions, and public comments are 

invited. 

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 2008 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 are invited. 

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 2008 GSP annual 

review process, and public comments 

are invited. 

IV. Public Comments 

Requirements for Submissions 

To ensure the most timely and 

expeditious receipt and consideration of 

comments, comments provided in 

response to this notice, with the 

exception of business confidential 

submissions, must be submitted on 

http://www.regulations.gov to docket 

number USTR–2009–0008. Submissions 

provided in response to this notice must 

be submitted in English by Monday, 

March 23, 2009. Hand-delivered and 

faxed submissions will not be accepted. 

For additional information on using 

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

or for any technical assistance relating 

to a submission, please consult the 

resources provided on the Web site by 

clicking on ‘‘How to Use This Site’’ on 

the left side of the home page. Each 

submitter will receive a submission 

tracking number upon completion of the 

submissions procedure at http:// 

www.regulations.gov. The tracking 

number will be the submitter’s 

confirmation that the submission was 

received into http:// 

www.regulations.gov. The confirmation 

should be kept for the submitter’s 

records. USTR is not responsible for any 

delays in a submission due to technical 

difficulties, nor is it able to provide any 

technical assistance for the Web site. 

To make a submission using http:// 

www.regulations.gov, enter docket 

number USTR–2009–0008 on the home 

page and click ‘‘go.’’ The site will 

provide a search-results page listing all 

documents associated with this docket. 

Find a reference to this notice by 

selecting ‘‘Notice’’ under ‘‘Document 

Type’’ on the left side of the searchresults page, and click on the link 

entitled ‘‘Send a Comment or 

Submission.’’ The http:// 

www.regulations.gov Web site offers the 

option of providing comments by filling 

in a ‘‘General Comments’’ field or by 

attaching a document. Given the 

detailed nature of the information 

sought by the GSP Subcommittee, it is 

expected that most submissions will be 

provided in an attached document. 

All submissions must conform to the 

GSP regulations set forth at 15 CFR part 

2007, except as modified below. 

Furthermore, each party providing 

comments should indicate in the 

General Comments box in the Public 

Comment or Submission section of the 

Web site: (1) The type of action in 

which the party is interested (i.e., de 

minimis waiver, redesignation, or CNL 

waiver revocation); (2) the relevant 8- 

digit HTSUS subheading(s) and name of 

product; (3) the country of interest; (4) 

the name of the party or parties 

providing comments; (5) whether the 

party supports or opposes the action; 

and (6) if the document is the public 

version of a business confidential 

version of the submission. 

Comments must not exceed 20 singlespaced standard letter-size pages, 

including attachments. Any data 

attachments to the submission should 

be included in the same file as the 

submission itself, and not as separate 

files. 

V. Business Confidential Comments 

All business confidential documents 

must be submitted via email to 

FR0807@ustr.eop.gov. Business 

confidential submissions will not be 

accepted at http://www.regulations.gov; 

however, public or non-confidential 

submissions that accompany business 

confidential submissions should be 

submitted at http:// 

www.regulations.gov. For any document 

containing business confidential 

information submitted as an electronic 

attached file to an email transmission, 

the file name of the business 

confidential version should begin with 

the characters ‘‘BC-’’. The ‘‘BC-’’ should 

be followed by the relevant 8-digit 

HTSUS subheading(s), the country of 

interest, and the name of the party 

(government, company, union, 

association, etc.) that is submitting the 

comments. 

Persons wishing to submit business 

confidential submissions must also 

follow each of these steps: (1) Provide 

a written explanation of why the 

information should be protected in 

accordance with 15 CFR 2007.7(b), 

which must be submitted along with the 

business confidential version of the 

submission; (2) clearly mark the 

business confidential submission 

‘‘BUSINESS CONFIDENTIAL’’ at the top 

and bottom of each page of the 

submission; (3) indicate using brackets 

what information in the document is 

confidential; and (4) submit a nonconfidential version of the submission, 

marked ‘‘Public’’ at the top and bottom 

of each page, that also indicates, using 

asterisks, where business confidential 

information was redacted or deleted 

from the applicable sentences to 

http://www.regulations.gov. Business 

confidential submissions that are 

submitted without the required 

markings or are not accompanied by a 

properly marked non-confidential 

version, as set forth above, might not be 

accepted or may be considered public 

documents. 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 on http:// 

www.regulations.gov, docket number 

USTR–2009–0008, upon completion of 

processing and no later than 

approximately two weeks after the due 

date. 

Marideth J. Sandler, 

Executive Director, Generalized System of 

Preferences (GSP) Program, and Chair, GSP 

Subcommittee, Office of the U.S. Trade 

Representative. 

[FR Doc. E9–4646 Filed 3–4–09; 8:45 am] 

BILLING CODE 3190–W9–P 


jlentini on PROD1PC65 with NOTICES