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ITC May Amend MTB Petition Submission and Consideration Rules

Monday, December 24, 2018
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has adopted as final without change the interim rule it published in September 2016 on the submission and consideration of petitions for duty suspensions and reductions under the American Manufacturing Competitiveness Act of 2016, which reformed the miscellaneous trade bill process.

However, the ITC indicates that it may propose several amendments to this final rule in the near future based on the considerable experience it gained in applying the interim rule to petitions submitted and considered with respect to its first report, with the intent that these amendments be in place before Oct. 15, 2019 (which is the deadline for the ITC to begin a new MTB submission and consideration process). Should the ITC propose any such changes, it expects to do by first issuing a notice of proposed rulemaking and requesting input and then adopting a final rule.

Under the current rule, a petition may be filed by members of the public (generally, a firm, importer of record, manufacturer that uses the imported article, or a U.S. federal, state, or local government entity) that can demonstrate that they are likely beneficiaries of duty suspensions or reductions. Petitions must be filed via the ITC’s secure web portal designated for this purpose and will not be accepted in paper or any other form. Petitioners may withdraw a petition at any time prior to the time the ITC transmits its final report to the House Ways and Means and Senate Finance committees. Petitioners may not amend a petition but instead must withdraw it and file a new one within the 60-day filing period.

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