Section 1 Short title
This Act may be cited as the “Competitive Need Limitations Modernization Act of 2017”.
Competitive Need Limitations Modernization Act of 2017
A BILL
To make necessary changes to the competitive need limitations provision of the Generalized System of Preferences, and for other purposes.
Sec. 2 Findings
Congress finds the following:
The Generalized System of Preferences, established under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), was created to promote economic development by expanding trade opportunities.
Congress imposed limits on the amount of trade that could qualify for duty-free treatment under the Generalized System of Preferences, referred to as the “competitive need limitation”. This limitation may be waived in the national economic interest.
The competitive need limitation and waiver processes must be carried out in a manner that accurately accounts for current domestic production and must be based on evidence from trade data.
The present competitive need limitation review process is flawed because the timing of the reviews prevent the use of full-year trade data, which can be solved by shifting the deadline of the review process.
The exclusion of products from the competitive need limitation is determined based on the levels of domestic production that existed in 1995. This does not reflect the realities of the current economy and should be updated.
Sec. 3 Modification to procedures for competitive need limitation and waivers
Section 503 of the Trade Act of 1974 (19 U.S.C. 2463) is amended as follows:
Modifications to competitive need limitation consideration— In subsection (c)(2)—
in the matter following subparagraph (A)(i)(II), by striking “July 1” and inserting “October 15”; and
in subparagraph (E), by striking “on January 1, 1995” and inserting “in any of the preceding three calendar years”.
Modifications to waiver consideration— In subsection (d), by striking “July 1” in each place it appears and inserting “October 15”.