Latest UpdateJune 29, 2015. The U.S. Congress passed and the President signed H.R. 1295 reauthorizing the Generalized System of Preferences (GSP) through December 31, 2017. Title II of the Trade Preferences Extension Act 2015, makes GSP benefits retroactive from July 31, 2013 and permits U.S. Customs and Border Protection (CBP) to refund duties paid (not including interest) on importations of GSP-eligible goods imported or withdrawn from warehouse during the GSP lapse. Further updates will be available in our GSP documents section below (in Thai only).
April 23, 2015. On April 16, 2015 The Senate Finance and the House Ways & Means Committees introduced the AGOA (African Growth and Opportunities Act) Extension and Enhancement Act of 2015 ("AGOA 2015") which would also reauthorize many trade programs and the Generalized System of Preferences (GSP), in particular, through December 31, 2017. This Act would also provide retroactivity for GSP to July 31, 2013.
AGOA 2015 is expected to be considered by Congress on the same schedule as Trade Promotion Authority legislation (“TPA 2015”), which was also introduced on April 16. As such, the Senate Finance and House Ways and Means Committees will consider AGOA 2015 during markup sessions scheduled for April 22 and 23, respectively.
The House Ways and Means and Senate Finance Committees are expected to approve TPA 2015 and AGOA 2015 in the coming weeks, and the House and Senate sponsors of the bills will attempt to advance the legislation to the chambers’ floors as soon as possible thereafter. Congressional leaders are seeking to vote on both pieces of legislation before the Memorial Day recess on May 22, 2015.
Presently, many GSP beneficiary countries have joined together as The Alliance of GSP countries to request that the US promptly renew the GSP program. If you are a US Company formerly utilizing GSP benefits that have been lost due to the lapse in GSP legislation, please contact the Coalition for GSP for more information and join with other US companies pushing the renewal of GSP forwards.
- July 12, 2016 ผลการทบทวนโครงการ GSP ประจำปี 2558 ของสหรัฐฯ (in Thai)
- April 3, 2014 ระบบ GSP สหรัฐอเมริกา (in Thai) ทั้งนี้คาดว่าร่างกฏหมายต่ออายุโครงการ GSP จะถูกผนวกกับร่างกฏหมาย Trade Promotion Authority (TPA) และผ่านความเห็นชอบของรัฐสภาสหรัฐฯประมาณกลางปีศกนี้
- July 19, 2013 The Alliance for GSP's letter to the US Congress on renewing the U.S. GSP program.
- June 10, 2013 The Alliance for GSP's letter to the US Congress on renewing the U.S. GSP program.
Annual ReviewAs provided for under the U.S. GSP statute, each year the USTR (GSP subcommittee which consists only officials from Clinton Administration) conducts an annual review between June 1 – April 30, to consider the addition, removal or restoration of eligibility for products and/or countries according to criteria of the GSP statute. Products may be added, removed or restored in accordance with the following:
- Competitive Need Limit (CNL) waiver: imports from a beneficiary country may not exceed a certain set limit or 50% of total U.S. imports, otherwise GSP benefits will be terminated by July 1 of the next year. A CNL waiver may be requested for products that exceed CNL. The CNL for 2015 Annual Review is $170 million (an increment of $5 million per year).
- De Minimis waiver: imports from a beneficiary country that exceed CNL, but the total value imported by the U.S. was less than De Minimis level, may retain GSP eligibility with a De Minimis waiver. The De Minimis level for 2015 is $22.5 million (an increment of $500,000 per year).
- Redesignation: products that lost GSP eligibility because imports were over CNL during a previous year, but during the most recent year, imports were below CNL, may request redesignation of GSP benefits.
Country Practice Review
- Under the GSP statute, criteria for determining a country's eligibility include the extent to which the country provides its workers with internationally recognized worker rights, whether or not market access is given for U.S. goods and services, and whether or not U.S. patent, copyrights and trademarks are provided protection. If the USTR determines that a country does not meet these requirements, GSP status can be revoked. During each annual review, USTR accepts petitions from interested parties to conduct a review of any beneficiary country's trade practices to determine if the country meets the above GSP statutory criteria
- During the 2015 Annual Review, the AFL-CIO filed a petition against Thailand alleged that it does not protect nor provide worker rights up to international standards. The AFL-CIO requested that Thailand be removed from the list of GSP beneficiary countries.
- There is no specified statutory deadline for the USTR to make a determination of the country practice review.