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June 29, 2006 

USTR Announces 2006 Annual GSP Review

Even though the Generalized System of Preferences (GSP) expires on December 31, 2006 and its future remains in doubt, the U.S. Trade Representative (USTR) announced in today's Federal Register that it will conduct a 2006 annual GSP product and country eligibility review to modify the list of products that are eligible for duty-free treatment under the GSP program, and to modify the GSP status of certain GSP beneficiary developing countries. Interested parties, including foreign governments, may submit petitions to:

  1. Designate additional articles as eligible for GSP benefits, including to designate articles as eligible for GSP benefits only for countries designated as least-developed beneficiary developing countries, or only for countries designated as beneficiary sub-Saharan African countries under the African Growth and Opportunity Act (AGOA);
  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 beneficiary sub-Saharan African countries); and
  4. Otherwise modify GSP coverage.
The deadline for or submission of product petitions is July 20, 2006. The deadline for submission of product petitions requesting competitive need limitations is November 17, 2006. GSP, in its current form, has been recently criticized by several influential members of Congress. In particular, Brazil and India, the leading beneficiaries of GSP, have been strongly criticized for being responsible for holding up the Doha Round of WTO negotiations. For example, during the confirmation hearings of USTR Susan Schwab, Senator Grassley (R-IA) said he will "likely oppose the extension of the GSP program" and that if "GSP is extended, I'll work to see that the eligibility requirements are tightened, so some countries can expect to be removed from the program." House Ways and Means Committee Chairman Bill Thomas (R-CA) has also publicly stated that he opposes renewal of GSP in its current form. Representative Thomas has proposed a special duty-free program for the least developed developing countries (LDDC) that would eliminate 60 countries that currently received GSP benefits.


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