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Importers to Have Chance to Counter Objections to MTB Duty Suspensions or Reductions

Tuesday, May 23, 2017
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission will submit to Congress June 9 a preliminary report on the petitions for duty suspensions and reductions that have been filed with it under the revamped miscellaneous trade bill process. This report will categorize petitions as follows.

- meets the statutory requirements for inclusion in an MTB without modification (category I)

- meets the statutory requirements with specified technical changes, changes in product scope, or adjustments in the amount of duty reduction (category II, III, or IV)

- does not contain the required information or was not filed by a likely beneficiary (category V)

- not recommended for inclusion in an MTB (category VI)

The ITC will accept additional public comments on any category VI petitions from June 12 through June 21. All such comments must be submitted electronically through the ITC’s website.

The public will be able to comment on the administrability of the article descriptions in category VI petitions, the existence of domestic producer objections to these petitions, and other issues affecting their placement in category VI. In particular, the ITC seeks input that would clarify or narrow the scope of proposed article descriptions, including the constituent materials in the intended goods or similar information that would help verify the classification of the goods in HTSUS chapters 1-97. Similarly, the ITC seeks information that could clarify technical criteria, distinguish the intended goods from other goods in the same rate line, or narrow the scope of an article description to avoid covering domestically produced goods.

The ITC’s final report to Congress is expected in August. Congress will make the final decision regarding those imported articles that will be included in a final MTB.

For more information on the MTB process, please contact David Olave at (202) 730-4960.

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