U. S. Senate Fails to Extend GSP

The 111th meeting of the U.S. Congress adjourned on December 23, 2010 without extending the Generalized Systems of Preferences (GSP) program which subsequently expired on December 31, 2010. Although the House of Representatives passed the Omnibus Trade Act of 2010, including GSP trade preference program, on December 15, 2010, the Senate failed to reach agreement on longer term extensions of the GSP as well as the Andean Trade Promotion and Drug Eradication Act (ATPDEA) and Trade Adjustment Assistance (TAA) programs.

U.S. Customs and Border Protection (CBP) issued a
notification via Automated Broker Interface (ABI) that importers may continue to apply the GSP special program indicators “A” and “A+” on eligible goods entered or withdrawn from warehouse after December 31, 2010, however, they must pay the applicable Column 1 rate of duty.

It is expected that the GSP program will be reauthorized in the 112th Congress including provision for retroactive recovery of any duties that importers must pay as of January 1, 2011, for goods that would be duty-free if GSP program was in force.

CBP noted that GSP program indicators will enable CBP to liquidate all GSP preference claims with a refund if the program is reauthorized with retroactivity.

2010 Annual GSP Product Review and Deadlines for Filing Petitions Announced

On July 15, 2010, Office of the U.S. Trade Representative (USTR) published a notice in the Federal Register announcing the initiation of the 2010 annual Generalized System of Preferences (GSP) product review and deadlines for filing petitions.

Interested parties, including foreign governments, may submit petitions to:

  1. Designate additional articles as eligible for GSP treatment;
  2. Withdraw, suspend or limit the application of duty-free treatment accorded under the GSP with respect to any article, either for all beneficiary developing countries, least-developed beneficiary developing countries or beneficiary sub-Saharan African countries, or for any of these countries individually;
  3. Waive the “competitive need limitations” for individual beneficiary developing countries with respect to specific GSP-eligible articles (these limits do not apply to either least-developed beneficiary developing countries or AGOA beneficiary sub-Saharan African countries); and
  4. Otherwise modify GSP coverage.

All petitions to modify the list of articles eligible for duty-free treatment under GSP must be received by the GSP Subcommittee of the Trade Policy Staff Committee no later than 5 PM on August 3, 2010.

Petitions requesting competitive need limitation (CNL) waivers for GSP-eligible articles from beneficiary developing countries that exceed the CNLs in 2010 must be filed in the 2010 Annual Review. To be considered in the 2010 Annual Review, petitions requesting CNL waivers must be received by the GSP Subcommittee of the Trade Policy Staff Committee by 5 PM on November 16, 2010.

President Obama Signs GSP and ATPA Bill into Law President Signs GSP and ATPA Bill into Law President Obama Signs GSP and ATPA Bill into Law

On December 28, 2009, President Obama signed into law H.R. 4284, which extends the Generalized System of Preferences (GSP) and the Andean Trade Preference Act (ATPA) for one year, through December 31, 2010. Under the GSP treatment, beneficiary developing countries receive certain trade benefits.

According to the Presidential Proclamation, effective January 1, 2011, Croatia and Equatorial Guinea will no longer receive the GSP treatment as they have achieved “high income” classification. Cape Verde will be removed from the list of least-developed beneficiary countries under GSP effective January 1, 2010.

Deadline Set for Importers to Request Duty-Free Treatment under GSP

On May 28, 2009, the U.S. Trade Representative (USTR) issued a notice in the Federal Register announcing it has set June 24 as the deadline for its 2009 Annual Generalized System of Preferences (GSP) Product and Country Practices Eligibility Review. During the Annual Review, USTR assesses petitions to modify the list of products and countries that receive duty-free treatment under the GSP.

By utilizing GSP, which provides duty-free treatment to a range of products from over 100 developing and lesser developed countries, U.S. importers can better control the cost of inputs.

Interested parties must submit petitions to modify the GSP products and country status by June 24, 2009. Petitions for products to continue receiving GSP treatment will be accepted starting June 24 and November 17, 2009.

Oman and Peru Removed from GSP Program

On February 3, 2009, Customs announced that “goods from Oman and Peru are no longer eligible for GSP preferences due to the implementation of bilateral trade agreements with these countries.” The Oman FTA took effect on January 1, 2009 and the Peru TPA on February 1, 2009. GSP claims from these countries will not be accepted on or after these dates.

USTR Initiates GSP Review for Vietnam

On June 20, 2008, the United States Trade Representative (USTR) announced in the Federal Register the initiation of a review to consider designating the Socialist Republic of Vietnam as a beneficiary developing country (BDC) for purposes of the Generalized System of Preferences (GSP) program and solicits public comments on whether Vietnam meets eligibility requirements for designation as a BDC. Comments are due by Monday, August 4, 2008 and must be submitted in accordance with the requirements set out in the notice.

USTR Posts Notice Regarding Initiation of the 2008 Annual GSP Product and Country Eligibility Practices Review

On May 15, 2008, the United States Trade Representative (USTR) published a notice in the Federal Register announcing that it will receive petitions in 2008 to modify the list of products that are eligible for duty-free treatment under the Generalized System of Preferences (GSP) and to modify the GSP status of certain GSP beneficiary developing countries because of country practices.

The material on this site is protected under the copyright laws of the United States of America and international conventions, and is the exclusive property of Global Trade Expertise or any licensee. All rights reserved. ©2010 Global Trade Expertise Contact/Comments