[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Notices]
[Pages 54924-54925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21835]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
Request for Petitions for Duty Suspensions and Reductions
AGENCY: United States International Trade Commission.
ACTION: Notice requesting members of the public who can demonstrate
they are likely beneficiaries of duty suspensions or reductions to
submit to the Commission petitions and disclosure forms.
-----------------------------------------------------------------------
SUMMARY: As required by section 3(b)(1) of the American Manufacturing
Competitiveness Act of 2016, the Commission is publishing notice
requesting members of the public who can demonstrate that they are
likely beneficiaries of duty suspensions or reductions to submit
petitions for duty suspensions and reductions. Consistent with the Act,
the Commission will accept petitions submitted during the 60-day period
beginning on October 11, 2019, and ending at 5:15 p.m. EST on December
10, 2019. All petitions must be submitted via the Commission's
designated secure web portal. At a later date the Commission will
publish notice of the opportunity for the public to submit comments on
the petitions filed.
DATES:
October 11, 2019: Opening date for filing petitions for duty
suspensions and reductions.
December 10, 2019, 5:15 p.m., EST: Closing date and time for filing
petitions for duty suspensions and reductions.
ADDRESSES: All Commission offices are located in the United States
International Trade Commission Building, 500 E Street SW, Washington,
DC. The public file for this proceeding may be viewed on the
Commission's MTB Petition System (MTBPS) at https://mtbps.usitc.gov.
FOR FURTHER INFORMATION CONTACT: For general inquiries, contact
Jennifer Rohrbach at [email protected]. For filing inquiries, contact
the Office of Secretary, Docket Services division, U.S. International
Trade Commission, telephone (202) 205-3238.
The media should contact Peg O'Laughlin, Public Affairs Officer
(202-205-1819 or [email protected]). General information
concerning the Commission may be obtained by accessing its internet
server (http://www.usitc.gov).
Background
The American Manufacturing Competitiveness Act of 2016 (the Act),
19 U.S.C. 1332 note, establishes a process for the submission and
consideration of requests for temporary duty suspensions and
reductions. The Act requires the Commission to initiate the process by
publishing a notice requesting members of the public who can
demonstrate that they are likely beneficiaries of duty suspensions or
reductions to submit petitions and Commission disclosure forms to the
Commission. The Act establishes the information to be contained in a
petition and sets out the process the Commission is to follow. The Act
requires the Commission to publish its notice requesting petitions no
later than October 15, 2019, and to allow the public to file petitions
during the 60-day period following publication of the notice. After the
period for filing petitions closes, the Commission is required to
publish the petitions on its website and provide notice to the public
of the opportunity to submit comments on the petitions.
The Act requires the Commission to submit preliminary and final
reports to the House Committee on Ways and Means and the Senate
Committee on Finance (Committees) on the petitions received. The
reports are to include the Commission's analysis and recommendations
regarding the petitions, including determinations regarding whether
there is domestic production of the article, whether the duty
suspension or reduction can likely be administered by the U.S. Customs
and Border Protection, whether the estimated loss in revenues due to
the duty suspension or reduction does not exceed $500,000, and whether
the duty suspension or reduction will be available to any person
importing the article. The Commission is required to classify the
petitions into categories based on whether (1) the petition meets the
requirements for inclusion in a miscellaneous tariff bill; (2) the
Commission recommends inclusion in
[[Page 54925]]
such a bill with specified technical changes, changes in product scope,
or adjustment in the amount of duty reduction; (3) the Commission
recommends against inclusion in a bill because the petition does not
meet the petitioning requirements or the petitioner is not a likely
beneficiary; or (4) the Commission otherwise recommends not including
the petition. The Committees and the Congress will make the final
decision regarding the imported articles to be included in a bill.
The Act also requires the U.S. Department of Commerce (Commerce),
with input from U.S. Customs and Border Protection (CBP) and other
Federal agencies, to submit a report to the Commission and to the
Committees. This report is to include information related to domestic
production and technical changes that are necessary for purposes of
administration when articles are presented for importation.
Procedures for Filing a Petition
The Commission has promulgated rules of practice and procedure
regarding the process for filing petitions and has also made available
a handbook and other materials to assist members of the public in
filing petitions. The rules, as amended, are published at 19 CFR part
220 (84 FR 44692, Aug. 27, 2019) and are available at https://gov.ecfr.io/cgi-bin/text-idx?SID=2fb26f9e6c52f71f3c0081573eaabf0e&mc=true&node=pt19.3.220&rgn=div5. The rules, handbook, and other materials are also posted on the
Commission's website at https://www.usitc.gov/mtb_landing.htm.
Highlights of the filing procedures are presented below only as an
overview; persons who are considering filing a petition should consult
the Commission's rules, handbook, and other materials.
Who may file. As provided for in the Act and in the Commission's
rules, only members of the public who can demonstrate that they are a
likely beneficiary of the duty suspension or reduction may file
petitions for duty suspensions or reductions. The Act defines ``likely
beneficiary'' to mean ``an individual or entity likely to utilize, or
benefit directly from the utilization of, an article that is the
subject of a petition for a duty suspension or reduction.''
Method for filing. Petitions for duty suspensions and reductions
must be filed electronically via the Commission's designated secure web
portal and in the format designated by the Commission in that portal.
The portal contains a series of prompts and links that will assist
persons in providing the required information (this information
concerns both the petitions and related disclosure forms, so there will
be only one submission). The Commission will not accept petitions
submitted in paper or in any other form or format. Petitions, including
any attachments thereto, must otherwise comply with the Commission's
rules as further explained in the Commission's Handbook on MTB Filing
Procedures. Persons seeking duty suspensions or reductions on more than
one imported product must submit separate petitions for each product.
Persons filing petitions should be prepared to complete their
entire petition when they enter the portal and because the portal will
not allow them to edit, amend, or complete the petition at a later
time. Should a person filing a petition be unable to complete it, the
person will need to start the process again later. Should a person wish
to edit or amend a previously filed petition, the person will need to
file a new petition that includes the changes, and must withdraw the
earlier petition. Failure to withdraw the earlier petition (or
petitions) will generally result in the Commission accepting the
earliest filed petition on the subject product. Accordingly, a person
filing a petition should have all required information in hand when
entering the portal to begin the formal filing process. A list of all
the information required to complete a petition may be found in the
Commission's Before You File guide located on the Commission's MTB
information page on its website.
Time for filing. To be considered, petitions must be filed between
October 11, 2019, and the close of business (5:15 p.m. EST) on December
10, 2019. Consistent with the Act, the Commission will not accept
petitions filed after that time and date.
Amendment and withdrawal of petitions. As indicated above, the
Commission's secure web portal will not allow a person who has formally
submitted a petition to amend the petition. Instead, that person must
withdraw the original petition and file a new petition that
incorporates the changes. The new petition must be filed within the 60-
day period designated for filing petitions. The above notwithstanding,
any petitions properly filed may be withdrawn (without opportunity to
submit a new petition if withdrawn after the close of the 60-day period
for filing petitions) no later than 30 days after the Commission
submits its preliminary report to the Committees.
Confidential business information. The portal will permit persons
submitting petitions to claim that certain information should be
treated either as confidential business information or as information
protected from disclosure under the Privacy Act, 5 U.S.C. 552a, (e.g.,
a home address). In the absence of a claim that such information should
be so treated, the Commission will disclose the information to the
public when it posts the petitions and attachments on the Commission's
website. See further information below on possible disclosure of
confidential business information.
Confidential Business Information
The Commission will not release information that the Commission
considers to be confidential business information within the meaning of
Sec. 201.6(a) of its Rules of Practice and Procedure (19 CFR 201.6)
unless the party submitting the confidential business information had
notice, at the time of submission, that such information would be
released by the Commission, or such party subsequently consents to the
release of the information.
Confidential business information submitted to the Commission in
petitions and comments may be disclosed to or used by (1) the
Commission in calculating the estimated revenue loss required under the
Act, which may be based in whole or in part on the estimated values of
imports submitted by petitioners in their petitions; or (2) the
Commission, its employees, and contract personnel (a) in processing
petitions and comments and preparing reports under the Act or (b) in
internal investigations, audits, reviews, and evaluations relating to
the programs, personnel, and operations of the Commission including
under 5 U.S.C. Appendix 3; or (3) Commerce, for use in preparing its
report to the Commission and the Committees, and the U.S. Department of
Agriculture and CBP, for use in providing information for that report;
or (4) U.S. government employees and contract personnel, solely for
cybersecurity purposes, subject to the requirement that all contract
personnel will sign appropriate nondisclosure agreements.
By order of the Commission.
Issued: October 2, 2019.
Lisa Barton,
Secretary of the Commission.
[FR Doc. 2019-21835 Filed 10-10-19; 8:45 am]
BILLING CODE 7020-02-P