American Manufacturing Competitiveness Act of 2016: Notice of Publication of Petitions For Duty Suspensions and Reductions and Related Disclosure Forms, and Notice of Request for Comments on Those Petitions and Disclosure Forms
| Published date | 10 January 2020 |
| Citation | 85 FR 1327 |
| Record Number | 2020-00100 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 85 Issue 7 (Friday, January 10, 2020)
[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Notices]
[Pages 1327-1328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00100]
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INTERNATIONAL TRADE COMMISSION
American Manufacturing Competitiveness Act of 2016: Notice of
Publication of Petitions For Duty Suspensions and Reductions and
Related Disclosure Forms, and Notice of Request for Comments on Those
Petitions and Disclosure Forms
AGENCY: United States International Trade Commission.
ACTION: Notice of publication on the Commission's website of petitions
for duty suspensions and reductions and related disclosure forms, and
notice of request for comments on those petitions and disclosure forms.
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SUMMARY: As required by section 3(b)(3) of the American Manufacturing
Competitiveness Act of 2016, the Commission has published on its
website at https://mtbps.usitc.gov the petitions for duty suspensions
and reductions and related disclosure forms (hereafter collectively
referred to as ``petitions'') that were filed according to
requirements. The Commission is now requesting that members of the
public submit comments to the Commission on those petitions by the
close of business on February 24, 2020. All comments must be submitted
via the Commission's designated secure web portal. The Commission will
not accept comments submitted in paper or in any other form or format.
DATES: January 10, 2020: Date of publication on the Commission's
website of petitions for duty suspensions and reductions, and opening
date for filing comments concerning those petitions.
February 24, 2020, 5:15 p.m., EST: Closing date and time for the
submission of comments on the petitions.
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 Miscellaneous Tariff Bill Petition System (MTBPS) at
https://mtbps.usitc.gov.
FOR FURTHER INFORMATION CONTACT: For general inquiries, contact
[email protected]. For filing inquiries, contact the Office of
Secretary, Docket Services Division, U.S. International Trade
Commission, at [email protected] or (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 at https://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 petitions. 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 to
the Commission. As required by the Act, the Commission published that
notice in the Federal Register on October 11, 2019 (84 FR 54924), with
all such petitions to be submitted by the close of business on December
10, 2019.
Section 3(b)(3)(A) of the Act requires that the Commission, no
later than 30 days after the expiration of the period for filing
petitions, that is, by January 10, 2020, publish on its website the
petitions that contain the information required by the Act. Section
3(b)(3)(B) of the Act requires that the Commission, at the same time,
publish a notice requesting members of the public to submit comments to
the Commission on the petitions published. Such comments must be
submitted to the Commission during the 45-day period beginning on the
date of publication of the notice--in this case, by February 24, 2020.
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
Commission will submit those reports in June and August 2020,
respectively. The reports are to include the Commission's analysis and
determinations regarding the petitions, including 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 (CBP), 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 as submitted or with specified
technical changes, changes in product scope, or adjustment in the
amount of duty reduction; (2) the petition does not meet the
petitioning requirements or the petitioner is not a likely beneficiary;
and (3) the Commission otherwise recommends not including the petition
in the bill. 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 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 Comment: The Commission has promulgated
rules of practice and procedure regarding the process for filing
comments on the petitions filed. The rules, as amended, are published
at 19 CFR part 220 (84 FR 44687, Aug. 27, 2019). See in particular 19
CFR 220.10--220.11. The rules are also posted on the Commission's
website along with other materials, including a handbook, designed to
assist
[[Page 1328]]
the public in filing petitions and comments--see https://www.usitc.gov/trade_tariffs/mtb_program_information. Highlights of the filing
procedures are presented below only as an overview; persons who are
considering filing comments 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, any member of the public may file comments. The Commission is
particularly interested in receiving comments from domestic producers
about whether they produce an article that is identical to, or like or
directly competitive with, an article that is the subject of a petition
for a duty suspension or reduction, and, if they do, whether they
object to such a duty suspension or reduction. The Commission is also
interested in receiving comments from individuals and entities who
believe that they would be a likely beneficiary of a particular duty
suspension or reduction, or who, having been named in the petition or
another comment as a likely beneficiary, wish to state that they would
not be a likely beneficiary of a particular duty suspension or
reduction. 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.''
Petitioning parties may also submit comments. However, the
Commission will not consider any comments that seek to amend a petition
that the submitter previously filed.
Method for filing. Comments concerning petitions 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. The Commission will not accept
comments submitted in paper or in any other form or format. Comments,
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 to comment on more than one
petition must submit a separate comment for each petition.
Persons filing comments should be prepared to complete their entire
comment when they enter the portal because the portal will not allow
them to edit, amend, or complete the comment at a later time.
Accordingly, a person filing a comment should have all required
information in hand when they enter the portal to begin the formal
filing process. A list of all the information required to complete a
comment may be found in the Commission's Before You File a Comment
guide, which is located on the the Commission's MTB information page at
https://www.usitc.gov/trade_tariffs/mtb_program_information.
Time for filing. To be considered, comments must be filed no
earlier than the publication date of this notice in the Federal
Register and no later than the close of business (5:15 p.m. EST) on
February 24, 2020. Consistent with the Act, the Commission will not
accept comments filed after that time and date.
Amendment and withdrawal of comments. The Commission's secure web
portal will not allow a person who has formally submitted a comment to
amend that comment. Instead, that person must withdraw the original
comment and file a new comment that incorporates the changes. The new
comment must be filed within the 45-day period designated for
submitting comments (i.e., before 5:15 p.m. EST on February 24, 2020).
Comments containing confidential business information. The portal
will permit persons submitting comments 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 comments 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
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 in comments, as well as 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: January 3, 2020.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2020-00100 Filed 1-9-20; 8:45 am]
BILLING CODE 7020-02-P
