ITC Releases Interim Rule on MTB Petition Procedures

The International Trade Commission released an interim final rule that details the processes for submitting applications for duty suspensions under a Miscellaneous Tariff Bill (here). The interim final rule puts in place a slew of provisions included in MTB process reform legislation signed earlier this year (see 1605200041). "The new rules identify the types of entities that may file a petition, describe the information that must be included in a petition, provide procedures for public comment, and describe the schedule for filing petitions and public comments," it said.

The MTB reform law required that the ITC take over reviews of industry petitions for three-year duty suspensions and reductions to ensure products meet MTB requirements, including a limit of $500,000 in tariff benefits and no domestic production (see 1604130047). The ITC's interim rule lays out specific information required for a duty suspension provision. Applications must include "the name of the petitioner and contact information, a statement regarding whether the petitioner is seeking a duty suspension or a duty reduction, a description of the article concerned, a description of the industry, a certification that the petitioner is a likely beneficiary, certain [CBP] documentation, the names of known importers, the names of likely beneficiaries, and a description of any domestic production of the article," the agency said.

The petitions must be filed within 60 days after the ITC issues a "notice of opportunity to file," it said. Such a notice is required before Oct. 15 and the agency previously said it would open up its portal for MTB petition filing on Oct. 14 (see 1608260011). The ITC interim rule also stipulates that the "rules that apply to the initiation and conduct of investigations, with the exception of certain rules that apply to methods employed in obtaining information, the computation of time, and to attorneys and agents, will not apply to" the MTB proceedings. The new rules also describe plans for the ITC's required report to Congress.

The ITC decided to issue an interim rule and forgo the normal proposal and comment process in order to have a process in place by Oct. 15, as required by the law, the agency said. The agency also seeks public comments in response to the interim rule and "after taking into account all comments received and the experience acquired under the interim rules, the Commission will replace them with final rules promulgated in accordance with the notice, comment, and advance publication procedure," it said. Comments are due 60 days after the interim rule is published in the Federal Register.