HTSUS: 0603.11.00, under which Fresh cut roses and buds are classified
The Republic of Ecuador ("Ecuador") submits these comments in response to Chevron Corporation's ("Chevron") submission dated June 30, 2020, regarding the questions made by the GSP Subcommittee in attention to the 2020 Generalized System of Preferences ("GSP") Annual Product Review. On May 27, 2020, after the United States Trade Representative ("USTR") accepted for review three petitions to add fresh cut roses to the list of GSP eligible products, Chevron commented on this matter by opposing such petitions and alleging that "[a]lthough the petitions were submitted by multiple stakeholders, the principal beneficiary of the action requested would be Ecuador".
Chevron's opposition is based upon the same misguided reasons it has founded its request to withdraw or suspend Ecuador's status as a GSP beneficiary country. As Ecuador has continually presented to the USTR, the country meets the statutory criteria to be a GSP beneficiary country since it has not failed to act in good faith in the recognition and enforcement of international Final Arbitral Awards.
In addition, unlike what Chevron suggests, the benefits derived from the inclusion of fresh cut roses to the list of GSP eligible products will not only benefit Ecuador. That statement ignores the existence of different petitions that were made to include fresh cut roses in the GSP, as well as the fact that denying such petitions based on Chevron's arguments will affect not only Ecuador, but other GSP beneficiary countries as well.
In this brief, Ecuador will address Chevron's responses to the questions posed by the GSP Subcommittee.