Title 19—Customs Duties--Volume 1
PART 220—PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY SUSPENSIONS AND REDUCTIONS
§ 220.1   Applicability of part.
This part applies to proceedings of the Commission under the American Manufacturing Competitiveness Act of 2016, Public Law 114-159, 130 Stat. 396 (19 U.S.C. 1332 note).
§ 220.2   Definitions applicable to this part.
For the purposes of this part, the following terms have the meanings hereby assigned to them:
(a) Act means the American Manufacturing Competitiveness Act of 2016.
(b) HTS means Harmonized Tariff Schedule of the United States.
(c) Committees means the House Committee on Ways and Means and Senate Committee on Finance.
(d) Commission disclosure form means the information submitted to the Commission by a petitioner as part of a petition for a duty suspension or reduction that contains the following:
(1) The contact information for any known importers of the article to which the proposed duty suspension or reduction would apply.
(2) A certification by the petitioner that the proposed duty suspension or reduction is available to any person importing the article to which the proposed duty suspension or reduction would apply.
(3) A certification that the petitioner is a likely beneficiary of the proposed duty suspension or reduction.
(e) Duty suspension or reduction refers to an amendment to the HTS for a period not to exceed 3 years that—
(1) Extends an existing temporary duty suspension or reduction on an article under chapter 99 of the HTS; or
(2) Provides for a new temporary duty suspension or reduction on an article under that chapter.
(f) Likely beneficiary means 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.
(g) Domestic producer means a person that demonstrates production, or imminent production, in the United States of an article that is identical to, or like or directly competitive with, an article to which a petition for a duty suspension or reduction would apply.
(h) Domestic production means the production of an article that is identical to, or like or directly competitive with, an article to which a petition for a duty suspension or reduction would apply, for which a domestic producer has demonstrated production, or imminent production, in the United States.
(1) “Identical” article means a domestic article that has the same inherent or intrinsic characteristics and is classified in the same HTS rate line as the article that is the subject of a petition for duty suspension or reduction;
(2) “Like” article means a domestic article that is substantially identical in inherent or intrinsic characteristics ( i.e., materials from which made, appearance, quality, texture, etc.) as the article that is the subject of a petition for duty suspension or reduction; and
(3) “Directly competitive” article means a domestic article which, although not substantially identical in its inherent or intrinsic characteristics, is substantially equivalent for commercial purposes, that is, adapted to the same uses and essentially interchangeable therefor as the article that is the subject of a petition for duty suspension or reduction.
(i) Imminent production normally means production planned to begin within 3 years of the date on which the petition is filed.
§ 220.3   Who may file a petition, format for filing.
(a) Who may file. A petition under this part may be filed by members of the public who can demonstrate that they are likely beneficiaries of duty suspensions or reductions. A member of the public for these purposes would generally be a firm, importer of record, a manufacturer that uses the imported article, or a government entity at the U.S. Federal, state, or local level.
(b) Format for filing. Each such petition shall be submitted via the secure Commission web portal designated by the Commission and in the format designated by the Commission. The Commission will not accept petitions submitted in paper or in any other form or format. Petitions, including any attachments thereto, shall otherwise comply with the Commission's Handbook on MTB Filing Procedures as posted on the Commission's Web site.
§ 220.4   Time for filing.
Petitions for duty suspensions and reductions and Commission disclosure forms must be filed not later than 60 days after the Commission publishes in the Federal Register and on its Web site a notice requesting members of the public to submit this information. The Commission will publish notice requesting such petitions and disclosure forms not later than October 15, 2016, and October 15, 2019.
§ 220.5   Contents of petition.
The petition shall include the following information:
(a) The name, telephone number, and postal and email address of the petitioner, and if appropriate, its representative in the matter;
(b) A statement as to whether the petitioner is requesting an extension of an existing duty suspension or reduction or a new duty suspension or reduction; and if a duty reduction, the amount of the reduction;
(c) A certification that the petitioner is a likely beneficiary of the proposed duty suspension or reduction;
(d) An article description that meets the requirements of § 220.6 for the proposed duty suspension or reduction and identifies the permanent classification of the article in chapters 1-97 of the HTS and the Chemical Abstracts Service registry number (if applicable);
(e) To the extent available—
(1) A classification ruling of U.S. Customs and Border Protection (CBP) that indicates CBP's classification of the article; and
(2) A copy of other CBP documentation indicating where the article is classified in the HTS.
(f) A brief and general description of the article and its uses, and the names of the principal countries from which it is imported.
(g) A brief description of the industry in the United States that uses the article.
(h) For each HTS number included in the article description:
(1) An estimate of the total and dutiable value (in United States dollars) of imports of the article covered by the petition for the calendar year preceding the year in which the petition is filed, for the calendar year in which the petition is filed, and for each of the 5 calendar years after the calendar year in which the petition is filed, including an estimate of the value of such imports by the person who submits the petition and by any other importers, if available.
(2) An estimate of the share of total imports represented by the petitioner's imports of the article that is the subject of the petition.
(i) The name of each person that imports the article, if available.
(j) The names of any domestic producers of the article, if available.
(k) A Commission disclosure form as defined in § 220.2(d).
(l) The names of any likely beneficiaries, and their contact information.
(m) A certification that the petitioner has not separately filed, and has not withdrawn, a petition for duty suspension or reduction during the current filing cycle:
(1) For an article that is identical to that in the current petition;
(2) For an article whose article description includes the article covered by the current petition; or
(3) For an article that is included in the scope of the current petition.
(n) A certification from the petitioner that the information supplied is complete and correct to the best of the petitioner's knowledge and belief, and an acknowledgement from the petitioner that the information submitted is subject to audit and verification by the Commission.
(o) Such other information as the Commission may require.
§ 220.6   Article description.
(a) In general. The article description in the petition shall be provided in a format appropriate to be included in the amendment to chapter 99 of the HTS and shall include language that:
(1) Describes a specific class or kind of imported merchandise and provides any other information needed to distinguish the covered products from other goods;
(2) Is suitable for incorporation in the HTS in the column entitled “Article Description” for each tariff heading in HTS chapter 99 that affords a temporary duty suspension or reduction;
(3) Describes covered products in their condition as imported, based primarily upon the goods' discernible physical characteristics at the time of importation;
(4) Is sufficiently clear as to be administrable by CBP; and
(5) Is otherwise required by this part or accomplishes the purposes of the Act.
(b) Article descriptions that are not recommended. The Commission will generally consider proposed article descriptions containing the following kinds of information or criteria as preventing the relevant petition from being recommended for inclusion in a miscellaneous tariff bill, unless input received from the U.S. Department of Commerce (Commerce) or CBP provides a basis for the Commission's analysis under the Act:
(1) “Actual use” or “chief use” criteria;
(2) Trade-marked or similarly protected terms or names, brand names, proprietary names, part numbers, or other company-specific names;
(3) Language—
(i) Describing goods that are illegal to import, where the petitioner is not a government entity;
(ii) Describing goods that are covered by tariff-rate quota provisions; or
(iii) Seeking to alter the tariff treatment provided in subchapter III or IV of chapter 99 of the HTS; or
(4) An HTS subheading number(s) that would alter or attempt to alter the classification of the product in chapters 1 through 97 of the HTS.
§ 220.7   Properly filed petition; identical and overlapping petitions from same petitioner.
(a) In general. A petition will not be considered to be properly filed unless the petition and the Commission disclosure form are filed in accordance with and contain the information required by §§ 220.3 through 220.5
(b) Identical and overlapping petitions. (1) A petition will not be considered to be properly filed if the petitioner has previously filed, and has not withdrawn, a petition for duty suspension or reduction during the current filing cycle:
(i) For an article that is identical to that in the current petition;
(ii) For an article whose article description includes the article covered by the current petition; or
(iii) For an article that is included in the scope of the current petition.
(2) Should the Commission find that a petitioner has filed one or more identical or overlapping petitions and that such earlier filed petitions have not been withdrawn, the Commission will generally consider the earliest filed pending petition to be the petition of the petitioner.
§ 220.8   Consolidation of petitions.
Should the Commission receive petitions for duty suspensions or reductions from multiple petitioners for identical or overlapping articles classified in the same HTS subheading or subheadings, the Commission may consolidate the petitions and publish a single recommendation so that a single proposed HTS chapter 99 provision for the articles is presented in the Commission's preliminary and final reports.
§ 220.9   Withdrawal of petitions, amendments to petitions.
(a) Withdrawal of petitions. A petitioner may withdraw a petition for duty suspension or reduction filed under this part no later than 30 days after the Commission submits its preliminary report, as described in § 220.12. It shall do so by notifying the Commission through the Commission's designated secure web portal of its withdrawal and the notification shall include the name of the petitioner, the Commission identification number for the petition, and the HTS number for the article concerned.
(b) Submission of new petition. A petitioner who withdraws a petition for duty suspension or reduction that was timely filed under § 220.4 may submit a new petition, but only during the 60-day period described in § 220.4.
(c) Amendments to petitions. A petitioner may not amend or otherwise change a petition once it is submitted. If a petitioner wishes to amend or otherwise change a petition, such as to correct an error, the petitioner must withdraw the petition and file a new petition containing the changes in accordance with paragraphs (a) and (b) of this section.
§ 220.10   Commission publication and public availability of petitions.
Not later than 30 days after expiration of the 60-day period for filing petitions for duty suspensions and reductions, the Commission will publish on its website the petitions for duty suspensions and reductions submitted under § 220.3 that were timely filed and contain the information required under § 220.5. When circumstances allow, the Commission may post such petitions on its website earlier than 30 days after expiration of the 60-day period for filing petitions.
§ 220.11   Public comment period.
(a) Time for filing. Not later than 30 days after expiration of the 60-day period for filing petitions, the Commission will also publish in the Federal Register and on its website a notice requesting members of the public to submit comments on the petitions for duty suspensions and reductions. To be considered, such comments must be filed through the Commission's secure web portal during the 45-day period following publication of the Commission's notice requesting comments from members of the public. For purposes of this section, all petitions posted by the Commission on its website, whether or not posted early, shall be deemed to be officially published by the Commission on its website on the date of publication of the notice seeking written comments from members of the public on the petitions.
(b) In general. The comment shall include the following information:
(1) The name, telephone number, and postal and email address of the commenter, and if appropriate, its representative in the matter;
(2) A statement as to whether the commenter is a U.S. producer, importer, government entity, trade association or group, or other;
(3) A statement as to whether the comment supports the petition; objects to the petition; or takes no position with respect to the petitions/provides other comment;
(4) If the commenter is an importer, a list of the leading source countries of the product;
(5) A certification from the commenter that the information supplied is complete and correct to the best of the commenter's knowledge and belief, and an acknowledgement from the commenter that the information submitted is subject to audit and verification by the Commission; and
(6) Comment formats may be constrained in size, length, attachments, file type, etc., by system limitations in the Commission's secure web portal. See the Commission's Handbook on MTB Filing Procedures as posted on the Commission's website for further information.
(c) Comments from domestic producers. Comments from a firm claiming to be a domestic producer, as defined in § 220.2(g), shall also include:
(1) A description of the product alleged to be identical, like, or directly competitive with the product that is the subject of the petition;
(2) The Chemical Abstracts Service registry number for the product (if applicable);
(3) A statement as to whether an identical, like, or directly competitive product was produced in the current calendar year and, if not, the year in which the product was last produced or in which production is expected to begin within the United States;
(4) A statement as to whether such product is generally available for sale, and if not, an explanation of its lack of availability for sale; and/or
(5) The physical address(es) for the location(s) of the production facility(ies) producing the product within the United States; and
(6) Evidence demonstrating the existence of domestic production ( e.g., catalogs, press releases, marketing materials, specification sheets, copies of orders for the product).
(d) Additional comment period. The Commission may provide additional opportunity for public comment and, if so, will announce that comment period in the Federal Register .
§ 220.12   Commission preliminary report.
(a) Not later than 150 days after the Commission publishes the petitions and Commission disclosure forms submitted, the Commission will submit a preliminary report on the petitions filed to the Committees. The report will include the following information for each petition filed—
(1) The HTS heading or subheading in which each article that is the subject of a petition is classified, as identified by documentation supplied to the Commission and any supporting information obtained by the Commission.
(2) A determination of whether or not domestic production of the article that is the subject of the petition exists, taking into account the report of the Secretary of Commerce under section 3(c)(1) of the Act, and, if such production exists, whether or not a domestic producer of the article objects to the duty suspension or reduction.
(3) Any technical changes to the description of the article that is the subject of the petition for the duty suspension or reduction that are necessary for purposes of administration when the article is presented for importation, taking into account the report of the Secretary of Commerce under section 3(c)(2) of the Act.
(4) An estimate of the amount of loss in revenue to the United States that would no longer be collected if the duty suspension or reduction takes effect.
(5) A determination of whether or not the duty suspension or reduction is available to any person that imports the article that is the subject of the duty suspension or reduction.
(6) The likely beneficiaries of each duty suspension or reduction, including whether the petitioner is a likely beneficiary.
(b) The preliminary report will also include the following information:
(1) A list of petitions for duty suspensions and reductions that meet the requirements of the Act without modifications.
(2) A list of petitions for duty suspensions and reductions for which the Commission recommends technical corrections in order to meet the requirements of the Act, with the correction specified.
(3) A list of petitions for duty suspensions and reductions for which the Commission recommends modifications to the amount of the duty suspension or reduction that is the subject of the petition to comply with the requirements of the Act, with the modification specified.
(4) A list of petitions for duty suspensions and reductions for which the Commission recommends modifications to the scope of the articles that are the subject of the petitions in order to address objections by domestic producers to such petitions, with the modifications specified.
(5) A list of the following:
(i) Petitions for duty suspensions and reductions that the Commission has determined do not contain the information required under section 3(b)(2) of the Act.
(ii) Petitions for duty suspensions and reductions with respect to which the Commission has determined the petitioner is not a likely beneficiary.
(6) A list of petitions for duty suspensions and reductions that the Commission does not recommend for inclusion in a miscellaneous tariff bill, other than petitions specified in section 3(b)(3)(C)(ii)(V) of the Act.
(c) The Commission will forward to the Committees any additional information submitted to the Commission by the Secretary of Commerce after the Commission transmits its preliminary report.
§ 220.13   Commission final report.
(a) The Commission will submit its final report on each petition for a duty suspension or reduction specified in the preliminary report to the Committees not later than 60 days after the Commission submits its preliminary report. The final report will contain the following information—
(1) The information required to be included in a preliminary report under section 3(b)(3)(C)(i)-(ii) of the Act and updated as appropriate after considering any information submitted by the Committees under section 3(b)(3)(D) of the Act.
(2) A determination of the Commission whether—
(i) The duty suspension or reduction can likely be administered by U.S. Customs and Border Protection;
(ii) The estimated loss in revenue to the United States from the duty suspension or reduction does not exceed $500,000 in a calendar year during which the duty suspension or reduction would be in effect; and
(iii) The duty suspension or reduction is available to any person importing the articles that is the subject of the duty suspension or reduction.
(b) [Reserved]
§ 220.14   Confidential business information.
(a) In general. The Commission will not release information which the Commission considers to be confidential business information within the meaning of § 201.6(a) of this chapter 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.
(b) Exceptions. (1) In calculating the estimated revenue loss required under the Act, the Commission may base its estimates in whole or in part on the estimated values of imports submitted by petitioners in their petitions.
(2) The Commission may disclose some or all of the confidential business information provided to the Commission in petitions and public comments to the U.S. Department of Commerce for use in preparing its report to the Commission and the Committees, and to the U.S. Department of Agriculture and CBP for use in providing information for Commerce's report.
§ 220.15   Application of other Commission rules.
Commission rules applicable to the initiation and conduct of investigations, including rules set out in subpart B of part 201 of this chapter (except § 201.9 (methods employed in obtaining information), § 201.14(a) (computation of time), and § 201.15 (attorneys or agents)), shall not apply to Commission proceedings under this part.