USTR Seeking Comments on Potential Changes to Competitive Need Limitations

The U.S. Trade Representative is seeking comments on potential changes to competitive need limitations under the Generalized System of Preferences program. Comments can be submitted on:

• Possible de minimis competitive needs limitation waivers. The President can waive 50 percent of the competitive need limitations (CNL), for eligible articles imported from designated beneficiary developing countries, 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.
• Possible redesignations of articles currently ineligible for the GSP because they exceed CNL thresholds. If imports of an eligible article from a beneficiary developing country stopped receiving duty-free treatment due to exceeding a CNL in a prior year, the President can redesignate such an article for duty-free treatment. But only if imports in the most recent calendar year did not exceed the CNLs.
• Potential revocation of CNL waivers. A CNL waiver remains effective until the President determines changed circumstances no longer warrant the waiver. Regulations also require the President to annually revoke waivers that have been effective five years or more, if the beneficiary developing country has exported to the U.S. a quantity of the article with a value over a set amount.

Any changes in de minimis waiver, revocations or waivers will be based on 2012 data, USTR said, available (here). Comments are due April 12 by 5 p.m. (ET), and can be submitted through www.regulations.gov.

(Federal Register 3/19/13)