From our friends over at OHL
Since 1976 the US has been providing preferential duty-free
treatment to goods and countries under the Generalized
System of Preferences (GSP). Enacted as part of the Trade
Act of 1974, the US Generalized System of Preferences is designed to
promote economic growth in the developing world. Imports from over 3,500
products from 127 designated beneficiary countries (BDCs) and territories
including 44 least-developed beneficiary developing countries (LDBDCs) may be
given duty-free treatment in the US. In addition over 1,500 products are
GSP-eligible only when imported from a LDBDC. Numerous other industrialized
countries have implemented GSP programs similar to the US program.
The GSP program is not fixed and is subject to changes in
duration and coverage. GSP was most recently re-authorized in September 2011
and the statutory authorization for this preference program expires again on
July 31, 2013. It is expected that this expiration will ultimately result in a
lapse of duty-free treatment for eligible imports. Based on past experience,
re-authorization legislation will most likely include retroactive coverage.
Eligible goods will be entered with payment of duties but also may be entered with
the normal indicator of GSP eligibility. This indicator will enable CBP to
refund duties when and if authorized. Importers should contact their OHL
Account Representative to ensure that goods are properly flagged and to plan on
duty expenses.
The GSP program provides for reviews of eligible products and
countries. The GSP Subcommittee of the Trade Policy Staff Committee conducts an
annual review during which changes are considered to the lists of articles and
countries eligible for duty-free treatment. Eligibility is based on certain
economic needs criteria along with other mandatory criteria. Changes are made
by executive authority. In addition, there are mandatory and discretionary
factors which the President considers in designating a country as eligible for
GSP. Typically the results take effect on July 1st annually. Among the criteria
considered is whether the country has taken or is taking steps to afford
internationally recognized worker rights, including acceptable conditions of
work with respect to minimum wages, hours of work and occupational safety and
health. The administration has announced that based on this criteria,
Bangladesh will be suspended for eligibility. This suspension from benefits
will take place 60 days after publication of the proclamation in the FEDERAL
REGISTER. [This suspension also removes Bangladesh content from consideration
as part of the South Asian Association for Regional Cooperation (SAARC).]
Reinstatement of benefits can be considered in subsequent annual reviews but, unlike
duties deposited during lapse periods, should Bangladesh be reinstated at a
later date, benefits will not be retroactive.
Importers making GSP claims are subject to CBP regulations and
are expected to exercise reasonable care in the conduct of their import
business. CBP expects importers to establish internal controls to document the
regulatory requirements for substantiating GSP claims. This
The documents that CBP may request vary on a case-by-case basis.
Examples of the types of documents that should be available to establish and
document a GSP claim are:
- GSP Declaration
(see
19 CFR 10.173)
- Bill of
Materials
- Invoices
- Purchase
Orders
- Production
records kept in the ordinary course of business
- Payroll
information to document labor costs
- Factory
profile
- Affidavit
with supporting documentation
The documentation
necessary to substantiate a GSP claim must be kept readily accessible, should
CBP request it. Records may be requested from the importer of the products for
which GSP is claimed, from the foreign exporter, or both. The substantiating
documentation must be kept for a period of five years.
