Import statistics on GSP-related competitive need limitations 

November 5: The U.S. Trade Representative (USTR) today released for publication in the Federal Register a notice announcing the availability of import statistics for the first eight months of 2012 relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program.

According to the USTR notice [PDF 98 KB], these import statistics identify some articles for which the 2012 trade levels may exceed statutory CNLs. Submissions for waiver of the CNLs for individual beneficiary developing countries (BDCs) with respect to specific GSP-eligible articles are due November 21, 2012.

CNLs - background

The GSP program provides for the duty-free importation of designated articles when imported from designated BDCs.


When the president determines that a BDC has exported to the United States during a calendar year either:


  • a quantity of a GSP-eligible article having a value in excess of the applicable amount for that year ($155 million for 2012), or
  • a quantity of a GSP-eligible article having a value equal to or greater than 50% of the value of total U.S. imports of the article from all countries,

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.

Interim import statistics for 2012

In order to provide advance notice of articles that may exceed the CNLs for 2012, interim import statistics [PDF 15 KB] for the first eight months of 2012 relating to CNLs are available on the USTR website.


The list includes the GSP-eligible articles from BDCs that, based on interim eight-month 2012 data, exceed $87 million dollars, or an amount greater than 42% of the total value of U.S. imports of that product and therefore may be on track to exceed the applicable thresholds. The following 12 products met the criteria to be placed on the list:


  • Coniferous wood continuously shaped along any of its ends (Brazil)
  • Calcium silicon ferroalloys (Brazil)
  • Ferrosilicon manganese (Georgia)
  • Other nonaromatic cyclic amides and their derivatives (India)
  • Nonaromatic drugs of other heterocyclic compounds (India)
  • Stainless steel, not cast, flanges for tubes/pipes (India)
  • Iron or steel (o/than stainless), not cast, flanges for tubes/pipes (India)
  • Porcelain or non-bone china, household table and kitchenware sets (Indonesia)
  • Azobisformamide (Indonesia)
  • Ferrosilicon containing between 55% and 80% of silicon (Russia)
  • Miscellaneous food preparations not canned or frozen (Thailand)
  • Ice skates with footwear permanently attached (Thailand)

The list published on the USTR website includes the relevant eight-month trade statistics for each of these products and is provided as a courtesy for informational purposes only. The list is based on interim 2012 trade data, and may not include all articles that may be affected by the GSP CNLs.



For more information, contact a professional with KPMG’s Trade & Customs practice:


Douglas Zuvich

(312) 665-1022


Andrew Siciliano

(631) 425-6057


John L. McLoughlin

(267) 256-2614


Todd R. Smith

(949) 885-5617


Luis A. Abad

(212) 954-3094


Amie Ahanchian

(202) 533-3247


Or your local KPMG Trade & Customs professional.




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