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Summary of the Generalized System of Preferences (GSP) Program

Core Content

The Generalized System of Preferences (GSP) is a U.S. trade preference program that provides nonreciprocal, duty-free tariff treatment to products imported from designated beneficiary developing countries (BDCs). It aims to promote economic growth in developing nations by offering preferential access to U.S. markets. The U.S. GSP program was first authorized in Title V of the Trade Act of 1974 and most recently extended until December 31, 2020 by Division M, Title V of the Consolidated Appropriations Act, 2018 (P.L. 115-141).

Currently, 121 developing countries and territories are designated as GSP beneficiaries, with 44 additionally classified as least-developed beneficiary developing countries (LDBDCs). The program covers over 3,500 products (based on 8-digit Harmonized Tariff Schedule (HTSUS) lines) from BDCs, and 1,500 additional products from LDBDCs. In 2017, U.S. imports under the GSP program totaled $21.2 billion, out of $220 billion in total imports from GSP countries, while U.S. total imports from all countries were $2.3 trillion.

Main Views and Key Information

GSP Eligibility and Implementation

• Country Eligibility: The U.S. requires BDCs to meet certain eligibility criteria, such as protecting worker rights and intellectual property rights (IPR).
• Graduation: Countries may be removed from the GSP list once they reach a certain level of economic development, typically defined by World Bank income per capita.
• Rules of Origin: Products must have at least 35% of their value originating from the BDC to qualify for duty-free treatment.
• Exclusions: Certain "import sensitive" products, such as textiles and apparel, are excluded from the GSP program.
• Competitive Need Limits (CNL): Caps are placed on the quantity or value of imports from any one country, except for LDBDCs and AGOA countries.

GSP Product Coverage

• The U.S. Trade Representative (USTR) has the authority to designate additional products as eligible for duty-free treatment under GSP, based on product reviews conducted by the U.S. International Trade Commission (ITC).
• In 2017, the President authorized duty-free access for cotton products and luggage and travel goods for all GSP beneficiaries under Proclamation 9625, following Section 202 and Section 204 of P.L. 114-27.

Annual Reviews and Compliance

• Annual Reviews: The USTR conducts annual reviews of GSP beneficiaries to assess their compliance with eligibility requirements.
• Country Practice Reviews: In October 2017, the USTR announced triennial reviews of GSP beneficiaries, starting with Asian and Pacific Island countries.
• Waivers: The USTR can waive CNLs or de minimis limits for specific products if they are not produced in the U.S. or if the import is not sensitive.

Economic and Political Rationale

• The GSP concept was first adopted in 1968 by the UNCTAD II Conference and is based on the idea of unilateral preferential market access to promote economic growth in developing countries.
• It was established on the premise that lower tariffs (or duty-free status) would help developing countries reduce their reliance on primary products and diversify their economies.
• The GSP also serves as a tool to reconcile trade equity perspectives between developed and developing countries, offering special and differential treatment to the latter while addressing concerns of developed countries about domestic market disruption.

GSP in the WTO Framework

• The GSP is not fully compliant with the GATT/World Trade Organization (WTO) principle of Most-Favored-Nation (MFN), as it provides nonreciprocal preferences.
• The Enabling Clause adopted in 1979 allows developed countries to provide differential and more favorable treatment to developing countries without applying the same treatment to other countries.
• The WTO Doha Development Agenda (DDA) in 2001 and 2005 led to a commitment to provide duty-free, quota-free (DFQF) access to least-developed countries (LDCs), which the U.S. and other developed countries have largely implemented.

Comparison with International GSP Programs

• EU Generalised Scheme of Preferences (GSP): The EU has three types of GSP arrangements:
  • Standard GSP: Provides duty reductions for 66% of EU tariff lines to low- and middle-income countries.
  • GSP+: Offers duty-free access to the same 66% of tariff lines but requires beneficiaries to ratify and implement 27 core international conventions.
  • Everything but Arms (EBA): Grants full duty-free, quota-free access to all products except arms and ammunition for LDCs.
• Canada's General Preferential Tariff (GPT): Offers duty-free access to products from developing countries.
• Japan's GSP: Provides duty-free treatment with quantitative or value limits on a first-come, first-served basis.

Effectiveness and Stakeholders' Concerns

• Effectiveness: The GSP is seen as a valuable tool for economic development in developing countries.
• Concerns:
  • Import Sensitive Products: Some products are excluded due to their impact on U.S. industries.
  • Compliance Issues: Concerns exist over non-compliance by some beneficiaries, including worker rights violations and IPR failures.
  • Underutilization: Some GSP benefits are not fully utilized due to complexity, costs, or lack of awareness.
  • Conditionality: The program is conditioned on compliance with international standards.
  • Lower Costs: GSP reduces import costs, which can be beneficial for developing countries but may disadvantage U.S. industries.

Options for Congress

Congress has several options for reforming or reauthorizing the GSP program:

• Negotiate Trade Agreements: To replace or enhance GSP benefits through comprehensive trade agreements.
• Limit to LDCs: To exclude emerging market countries and focus only on least-developed countries.
• Reform GSP: To modernize the program by updating eligibility criteria, rules of origin, or product coverage.
• Expand Application: To include more products or countries under the GSP.
• Restrict Preferences: To limit the scope of the program to specific sectors or products.

Conclusion

The GSP program remains a key trade preference tool for the U.S., aimed at supporting developing countries while balancing domestic interests. It is subject to annual reviews, compliance checks, and legislative extensions. The future of the program depends on Congressional decisions, USTR actions, and international trade dynamics.