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Miscellaneous Trade Bill Report Documents Domestic Production, Objections to Petitions

Friday, April 14, 2017
Sandler, Travis & Rosenberg Trade Report

The Department of Commerce has published a report required as part of the revamped miscellaneous trade bill process approved by Congress in 2016. The MTB temporarily reduces or suspends tariffs paid on imported inputs and products for which there is no or insufficient domestic production and availability.

The International Trade Commission has previously gathered MTB petitions, published them online for public comment, and announced the availability of comments submitted for review. For each of the hundreds of petitions submitted, the DOC report documents (a) whether or not domestic production of the subject article exists and, if so, whether a domestic producer of that article objects to the petition; (b) any technical changes to the article description necessary for U.S. Customs and Border Protection to administer the duty suspension or reduction; and (c) possible overlap between petitions and existing antidumping and countervailing duty orders.

The ITC will next submit preliminary (in June) and final (in August) reports on the petitions to the House Ways and Means and Senate Finance committees on the petitions received. These reports will take the DOC’s findings into account and contain the ITC’s analysis of each petition, including whether each duty suspension or reduction would result in more than $500,000 in estimated revenue loss and would be available to any person importing the article. The reports will also detail the ITC’s recommendations as to whether each petition should be included in an MTB; should be included with specified technical changes, changes in product scope, or adjustments in the amount of duty reduction; should not be included because the petition does not meet the requirements or the petitioner is not a likely beneficiary; or should not be included for other reasons.

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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