2012 GSP Annual Review Results & Correction to Bangladesh’s GSP Suspension Date
U.S. Customs & Border Protection /
http://apps.cbp.gov/csms/viewmssg.asp?Recid=19478&page=&srch_argv=&srchtype=&btype=&sortby=&sby=
The 2012 Generalized System of Preferences (GSP) Annual review results were announced in Presidential Proclamation 8997 of June 27, 2013, and published in the Federal Register on July 2, 2013. The proclamation and corresponding Annexes (I-IV) provide for the following modifications to the GSP and the Harmonized Tariff Schedule of the United States (HTSUS):
Effective September 3, 2013 (60 days from the July 2, 2013, Federal Register Publication date)
- GSP treatment of all goods of Bangladesh origin is suspended
Effective July 1, 2013:
- Corn, other than seed and yellow dent corn (HTSUS 1005.90.40), from Brazil loses GSP Benefits
- New pneumatic radial tires, of rubber, of a kind used on motor cars (HTSUS 4011.10.10) from Indonesia lose GSP benefits
- De minimis competitive need limitation (CNL) waivers are granted on 90 tariff items from Suriname, Indonesia, Thailand, India, Bolivia, Turkey, Brazil, Ecuador, Ukraine, Jordan, Russia, Pakistan, Philippines and Kazakhstan, allowing for continued GSP benefits
- Calcium silicon ferroalloys (HTSUS 7202.99.20) from Brazil is granted a CNL waiver and may continue to receive GSP benefits
- HTSUS 8526.92.00 is modified with the addition of 8526.92.10, Radio remote control apparatus for video game consoles, (free) and 8526.92.50, Other, 4.9%.
Note: GSP is due to expire on July 31, 2013.
Generalized System of Preferences: Results of the 2012 Annual Review
Office of United States Trade Representative (USTR) /
http://www.regulations.gov/#!documentDetail;D=USTR-2012-0013-0236
Action
Notice.
Summary
This notice announces the results of the 2012 Annual GSP Review with respect to: (1) Products considered for addition to the list of eligible products for GSP; (2) decisions related to competitive need limitations (CNLs), including petitions for waivers of CNLs and revocation of previous CNL waivers; (3) redesignations of products previously excluded from GSP eligibility for certain countries; and (4) petitions to modify the GSP status of certain GSP beneficiary countries because of country practices.
For Further Information Contact
Tameka Cooper, GSP Program, Office of the United States Trade Representative, 600 17th Street NW., Washington, DC 20508. The telephone number is (202) 395-6971; the fax number is (202) 395-9674, and the email address is Tameka_Cooper@ustr.eop.gov.
Supplementary Information
The GSP program provides for the duty-free treatment of designated articles when imported from beneficiary developing countries. The GSP program is authorized by Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), as amended.
Results of the 2012 Annual GSP Review
In the 2012 Annual Review, the Trade Policy Staff Committee (TPSC) reviewed: (1) Petitions to add four different products to the list of those eligible for duty-free treatment under GSP; (2) one petition to waive CNLs for a product from a beneficiary country; (3) revocation of a CNL waiver for a product from a beneficiary country where 2012 imports exceeded certain statutory limits; (4) products eligible for de minimis waivers of CNLs; (5) redesignation of products previously excluded from GSP eligibility for certain beneficiary countries; and 6) one country practice petition submitted as part of the 2012 Annual Review and several active petitions submitted as part of earlier reviews.
In a Presidential Proclamation dated June 27, 2013, the President implemented his decisions regarding GSP product eligibility issues arising out of the 2012 Annual GSP Review, including CNL waivers and CNL revocations. This notice provides further information on the results of the 2012 Annual GSP Review, including the disposition of country practice petitions. These results, comprising seven lists, are available for the public to view at http://www.regulations.gov in docket USTR-2012-0013, under “Supporting and Related Materials” and at http://www.ustr.gov/trade-topics/trade-development/preference-programs/generalized-system-preferences-gsp/current-review.
Specific Results
The Administration has decided to defer a decision on the final disposition of petitions to add the following products to the list of products eligible for duty-free treatment under GSP for all GSP beneficiary countries: Sweetheart and spray roses (HTS 0603.11.00), certain frozen vegetables (HTS 0710.80.97), and certain preserved artichokes (HTS 2005.99.80). The Administration denied the petition to make certain refined copper wire (HTS 7408.19.00.30) eligible for duty-free treatment under the GSP. See List I (Decisions on Petitions to Add Products to the List of Eligible Products for GSP).
The President granted a petition for a waiver of CNLs for calcium silicon ferroalloys (HTS 7202.99.20) from Brazil. See List II (Decision on Petition to Grant a Waiver of the Competitive Need Limitations). Additionally, the President revoked an existing CNL waiver for certain pneumatic radial tires (HTS 4011.10.10) from Indonesia, as reflected in List III (Decision on Competitive Need Limitation Waiver Revocations).
Effective July 1, 2013, imports of an article, certain corn (HTS 1005.90.40), from Brazil are excluded from GSP eligibility because imports of that article from Brazil exceeded the CNL in 2012. See List IV (Product Newly Subject to Exclusion by Competitive Need Limitation).
The President granted de minimis waivers to 100 articles that exceeded the 50-percent import-share CNL, but for which the aggregate value of all U.S. imports of that article was below the 2012 de minimis level of $21 million. See List V (Decisions on Products Eligible for De Minimis Waivers). The articles for which de minimis waivers were granted will continue to be eligible for duty-free treatment under GSP when imported from the associated countries.
No products previously excluded from GSP eligibility for certain countries were redesignated as eligible for GSP as a result of the 2012 Annual Review. See List VI (Decisions on Products Eligible for Redesignation).
Country Practice Petitions
The status of country practice petitions considered in the 2012 GSP Annual Review is described in List VII (Active and Pending GSP Country Practice Reviews). This list includes petitions accepted as part of annual reviews from previous years.
The USTR has accepted for review one country practice petition submitted as part of the 2012 GSP Annual Review: A petition seeking to withdraw or suspend GSP benefits for Ecuador on the basis of Ecuador's alleged failure to meet the GSP statutory eligibility criterion regarding recognition and enforcement of arbitral awards (19 U.S.C. 2462(b)(2)(E)). The GSP Subcommittee's review of this petition will consider whether the withdrawal or suspension of GSP benefits is warranted in light of the type, nature, and content of the awards at issue, as well as whether Ecuador's actions in response to the awards comply with the cited eligibility criterion. The review will not consider the details or merits of either the Ecuadorian domestic litigation underlying the ongoing arbitral proceedings or the arbitral proceedings themselves. A subsequent notice published in theFederal Registerwill announce the schedule for a hearing and receipt of public comments, including related filing deadlines, on this newly accepted country practice case.
As determined in the previously-cited Presidential Proclamation dated June 27, 2013, the President has suspended Bangladesh's benefits under the GSP. This suspension will be effective 60 days after the date the proclamation is published in theFederal Register.
Country practice petitions accepted for review in previous years that continue to be under review include: Indonesia, Russia, Ukraine, and Uzbekistan regarding intellectual property rights, and Fiji, Georgia, Iraq, Niger, the Philippines, and Uzbekistan regarding worker rights.
USDA Publishes Final Rule Establishing Definitions for Common Cultivar and Common Food Crop Terms Used in Lacey Act
U.S. Department of Agriculture / http://www.aphis.usda.gov/newsroom/2013/07/lacey_act_final_rule.shtml
WASHINGTON, July 9, 2013 – The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is publishing an interim rule establishing the definitions of “common cultivar” and “common food crop” and seeking public comment on the definitions of “commercial scale” and “tree,” terms used in the Lacey Act, a federal law that combats trafficking in illegal wildlife, fish, and plants.
The Act allows limited exclusions from its provisions for three categories of plants: (1) common cultivars, except trees, and common food crops; (2) scientific specimens; and (3) plants that are to remain planted or to be planted or replanted (i.e., nursery stock). The Act does not define the terms “common cultivar” or “common food crop.” Instead, the USDA, working closely with the U.S. Department of the Interior, has the authority to define these terms. Because common food crops and common cultivars are among the categories of items not subject to the provisions of the Act, establishing definitions is necessary for enforcement purposes. The definitions in the rule are designed to exclude most commercially grown items from the requirements of the Lacey Act.
An illustrative list of current common cultivars and common food crops is available on the Animal and Plant Health Inspection Service (APHIS) Web site here. Because this list is always evolving, we encourage the public to send inquiries about specific taxa or commodities and requests to add taxa or commodities to the list by writing to The Lacey Act, ATT: Common Cultivar/Common Food Crop, c/o U.S. Department of Agriculture, Box 10, 4700 River Road, Riverdale, MD 20737 or by email to lacey.act.declaration@aphis.usda.gov. Inquirers and requesters should include the following information:
- Scientific name of the plant (genus, species);
- Common or trade names;
- Annual trade volume (e.g., cubic meters) or weight (e.g., metric tons/kilograms) of the commodity; and
- Any other information that will help us make a determination. Such information could include the countries or regions where the taxa or commodities are grown, estimated number of acres or hectares in commercial production, et
APHIS and the U.S. Fish and Wildlife Service (FWS) will jointly decide which products to include on the list. We will inform stakeholders when the list is updated via GovDelivery and other electronic media. We will also note updates of the list on APHIS’s Lacey Act Web site.
Individuals interested in commenting on the proposed definitions of “commercial scale” and “tree” can do so online at Regulations.gov at www.regulations.gov/#!documentDetail;D=APHIS-2009-0018. Individuals can also send comments by mail to Docket No. APHIS-2009-0018, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.
More information about the final rule regarding current definitions for the Lacey Act can be found on the Federal Register here. More information about the Lacey Act and APHIS’ role can be found here.
The Obama Administration, with Agriculture Secretary Vilsack's leadership, has aggressively worked to expand export opportunities and reduce barriers to trade, helping to push agricultural exports to record levels. U.S. agriculture is currently experiencing its best period in history thanks to the productivity, resiliency, and resourcefulness of our producers and agribusinesses. Today, net farm income is at record levels while debt has been cut in half since the 1980s. Overall, American agriculture supports 1 in 12 jobs in the United States and provides American consumers with 83 percent of the food we consume, while maintaining affordability and choice. Strong agricultural exports contribute to a positive U.S. trade balance, create jobs, boost economic growth, and support President Obama's National Export Initiative goal of doubling all U.S. exports by the end of 2014.
Office of Textile and Apparel (OTEXA) - Announcement
International Trade Administratin /
http://cbp.gov/xp/cgov/trade/trade_outreach//trade/trade_outreach/
07/02/2013 -- Determination to Approve CAFTA-DR Commercial Availability Request:
Certain Warp Stretch Woven Nylon/Rayon/Spandex Fabric - 179.2013.05.23.Fabric.GDLSKforPCATextiles
Border Patrol Apprehends Two Attempting to Smuggle More Than $1 Million in Narcotics
U.S. Customs & Border Protection / http://www.cbp.gov/xp/cgov/newsroom/news_releases/local/07082013.xml
San Diego – U.S. Border Patrol agents arrested two individuals during the week of July 4 attempting to smuggle more than $1 million dollars of methamphetamine and cocaine.
Yesterday, agents at the San Clemente checkpoint on I-5 encountered a 30-year-old male U.S. citizen driving a 1995 Saturn sedan. The driver had a nervous demeanor and was referred for a secondary inspection. Upon questioning, the man admitted that he was transporting narcotics. A Border Patrol K-9 team performed a cursory inspection of the vehicle resulting in an alert to the trunk. Agents searched the trunk and discovered 18 bundles of methamphetamine. The bundles weighed 31.97 pounds and had an estimated street value of $639,400.
A second incident occurred earlier in the week near the I-15 checkpoint. On Wednesday, agents observed a suspicious vehicle traveling north at approximately 10:30 a.m. and initiated a vehicle stop. The 40-year-old female U.S. citizen was questioned and consented to a K-9 search of her 2002 Ford Explorer. A Border Patrol K-9 team performed a cursory inspection resulting in an alert to the rear seat. Agents lowered the seat and found 17 bundles of cocaine inside the cargo bin. The bundles weighed 44.97 pounds and had an estimated street value of $494,670.
The suspected smugglers, drugs, and vehicles were turned over to the Drug Enforcement Administration in both instances.
To prevent the illicit smuggling of humans, drugs, and other contraband, the U.S. Border Patrol maintains a high level of vigilance on corridors of egress away from our nation’s borders. To report suspicious activity to the U.S. Border Patrol, contact San Diego Sector at (619) 498-9900.
FTC Testifies Before Senate Commerce Subcommittee on Enforcement of the National Do Not Call Registry and Efforts to Stop Illegal Robocalls
Federal Trade Commission / http://www.ftc.gov/opa/2013/07/dnc.shtm
The Federal Trade Commission told a U.S. Senate Commerce Subcommittee that it has been aggressively fighting the problem of illegal commercial robocalls through vigorous enforcement of the requirements of the Do Not Call program and seeking to spur innovative technological solutions to block unlawful telemarketing calls.
Testifying on behalf of the FTC before the Committee on Commerce, Science and Transportation’s Subcommittee on Consumer Protection, Product Safety, and Insurance, Lois Greisman, Associate Director for the agency’s Division of Marketing Practices, said the Do Not Call Registry now includes more than 221 million phone numbers. Greisman said the Registry has been tremendously successful in protecting consumers’ privacy from the unwanted calls of tens of thousands of legitimate telemarketers each year.
Today’s testimony comes two weeks after the FTC announced the 10th anniversary of the Do Not Call Registry, along with a case that included the largest civil penalty ever for Registry violations. In that case, the FTC announced that Mortgage Investors Corporation, one of the country’s leading refinancers of veterans’ home loans, will pay $7.5 million for calling consumers whose numbers are on the Registry.
The Mortgage Investors case is the 105th Do Not Call enforcement action the FTC has announced since 2004, and in that time it has filed Registry-related lawsuits against 298 companies and 234 individuals. While some of the cases are still being litigated, the FTC has so far received court orders totaling more than $741 million in consumer restitution or disgorgement and $126 million in civil penalties.
Yet the FTC said that telemarketing robocalls are still a problem, and they cause significant economic harm by peddling fraudulent goods and services. “Therefore, the FTC is using every tool at its disposal to fight them.”
Convinced that law enforcement alone is not enough to solve the problem, the FTC last year hosted public summit on the issue and gathered input from experts including technologists, industry, policymakers, and other stakeholders. The Summit made it clear that convergence between the legacy telephone system and the Internet has facilitated massive robocall campaigns. The testimony describes how new technologies have make robocalls extremely inexpensive to make and have made it easier for robocallers to hide – or “spoof” – their identities.
At the end of the Robocall Summit, the FTC announced its first-ever public contest, a “Robocall Challenge,” with a $50,000 prize for the individual or small team that could propose a workable technical solution to help consumers block robocalls from their landlines and mobile phones. The public response was overwhelming. The FTC received 798 eligible submissions, many of which were extremely well-considered technical proposals to address the robocall issue. The primary goal of the Challenge was to encourage the development of realistic ideas for reducing the number of robocalls in a way that law enforcement alone could not. The testimony states that as the winning contestants and others further develop their ideas and introduce them to the marketplace, the FTC expects positive results for American consumers.
The testimony concludes that, “The 10-year-old Do Not Call Registry remains enormously successful in protecting consumers against unsolicited calls from legitimate telemarketers. But as technology changes and fraudsters exploit those changes, we must remain agile and creative.” The FTC will do this through continued aggressive law enforcement, working to stimulate innovative technological solutions to block illegal robocalls, engaging in ongoing consumer education, and working with Congress to protect consumers.
The Commission vote approving the testimony and its inclusion in the formal record was 4-0.
FTC Mails Refund Checks to Consumers Who Bought Skechers' Shape-Ups and Other "Toning" Shoes
Federal Trade Commission / http://www.ftc.gov/opa/2013/07/skechers.shtm
Company Paid $40 Million for Refunds to Settle FTC Charges of Deceptive Advertising
An administrator working for the Federal Trade Commission is mailing 509,175 checks to consumers who bought toning shoes from Skechers USA, Inc. that the company promoted through allegedly deceptive advertisements.
The checks must be cashed on or before October 10, 2013. The amount consumers will receive is based on the portion of their claims that was approved. The deadline for filing a refund request has expired.
As part of its efforts to stem overhyped health claims, last year the FTC alleged that Skechers deceptively advertised its toning shoes, including making unfounded claims that its Shape-ups shoes would help people lose weight, and strengthen and tone their buttocks, legs and abdominal muscles. Besides Shape-ups, the FTC alleged that Skechers also made deceptive claims about its Resistance Runner, Toners, and Tone-ups shoes.
Under the terms of the FTC settlement, the funds were distributed through a court-approved class action lawsuit. BMC Group, the court approved settlement administrator, will begin mailing checks on July 12, 2013 to eligible consumers who submitted a valid claim for a refund.
Consumers who have questions should call 1-888-325-4186. The FTC never requires consumers to pay money or provide information before redress checks can be cashed.
Consumers should carefully evaluate advertising claims for work-out gear and exercise equipment. For more information see:
Tips for Buying Exercise Equipment.