Rules Relating to the Submission and Consideration of Petitions for Duty Suspensions and Reductions, 67144-67149 [2016-23229]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67144-67149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23229]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 220


Rules Relating to the Submission and Consideration of Petitions 
for Duty Suspensions and Reductions

AGENCY: United States International Trade Commission.

ACTION: Interim rule with request for comments.

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SUMMARY: The United States International Trade Commission (Commission) 
is adopting interim rules that will amend the Commission's Rules of 
Practice and Procedure and establish a new part governing the 
submission and consideration of petitions for duty suspensions and 
reductions under the American Manufacturing Competitiveness Act of 
2016.

DATES: 
    Effective date: September 30, 2016.
    Deadline for filing written comments: November 29, 2016.

ADDRESSES: You may submit comments, identified by docket number MISC-
046, rulemaking regarding petitions for duty suspensions and 
reductions, by any of the following methods:

--Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
--Agency Web site: https://edis.usitc.gov. Follow the instructions for 
submitting comments on the Web site.
--Mail: For paper submission. U.S. International Trade Commission, 500 
E Street SW., Room 112A, Washington, DC 20436.
--Hand Delivery/Courier: U.S. International Trade Commission, 500 E 
Street SW., Room 112A, Washington, DC 20436. From the hours of 8:45 
a.m. to 5:15 p.m.

    Instructions: All submissions received must include the agency name 
and docket number (MISC-046, Rulemaking Regarding Petitions for Duty 
Suspensions/Reductions), along with a cover letter stating the nature 
of the commenter's interest in the proposed rulemaking. All comments 
received will be posted without change to https://edis.usitc.gov 
including any personal information provided. For paper copies, a signed 
original and 8 copies of each set of comments should be submitted to 
Lisa R. Barton, Secretary, U.S. International Trade Commission, 500 E 
Street SW., Room 112A, Washington, DC 20436.
    For access to the docket to read background documents or comments 
received, go to https://edis.usitc.gov and/or the U.S. International 
Trade Commission, 500 E Street SW., Room 112A, Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary, telephone 
(202) 205-2000 or William Gearhart, Esquire, Office of the General 
Counsel, United States International Trade Commission, telephone (202) 
205-3091. Hearing-impaired individuals are advised that information on 
this matter can be obtained by contacting the Commission's TDD terminal 
at 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its Web site at https://www.usitc.gov.

SUPPLEMENTARY INFORMATION: The preamble below is designed to assist 
readers in understanding these amendments to the Commission's Rules of 
Practice and Procedure (the Rules). This preamble provides background 
information, a regulatory analysis of the amendments, a section-by-
section explanation of the amendments, and a description of the 
amendments to the Rules. The Commission encourages members of the 
public to comment on whether the language of the amendments is 
sufficiently clear for users to understand, and to submit any other 
comments they wish to make on the amendments.
    These amendments are being promulgated in accordance with the 
Administrative Procedure Act (5 U.S.C. 553) (APA), and will be codified 
in 19 CFR part 220.

Background

    Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes 
the Commission to adopt such reasonable procedures, rules and 
regulations as it deems necessary to carry out its functions and 
duties. In addition, section 3(b)(5) of the American Manufacturing 
Competitiveness Act of 2016, Public Law 114-159, 130 Stat. 396 (19 
U.S.C. 1332 note) (the Act) directs the Commission to prescribe and 
publish in the Federal Register and on a publicly available internet 
Web site of the Commission procedures to be complied with by members of 
the public submitting petitions for duty suspensions and reductions 
under section 3(b)(1)(A) of that Act.
    The Commission is promulgating rules governing the submission and 
consideration of petitions for duty suspensions and reductions under 
the Act. Section 3 of the Act establishes a process for the submission 
and consideration of petitions for duty suspensions and reductions. 
More specifically, it directs the Commission to publish a notice by 
October 15, 2016, that requests members of the public to submit 
petitions to the Commission for duty suspensions and reductions, 
provided that they can demonstrate that they are likely beneficiaries 
of such duty suspensions or reductions. The Act also provides that the 
petitioners must submit disclosure forms with respect to such duty 
suspensions and reductions. The petitions and disclosure forms must be 
submitted during the 60-day period beginning on the date of publication 
of the Commission's notice. Section 3 of the Act also lists the types 
of information that must be included in a petition.
    Section 3 of the Act requires that the Commission publish on its 
Web site all of the petitions that contain the required information and 
the related disclosure forms no later than 30 days after the close of 
the 60-day filing period. It also provides that members of the public 
will have 45 days from the date of the notice's publication to submit 
comments to the Commission regarding the petitions and disclosure 
forms. The Commission must make those comments available to the public 
on the Commission's Web site.
    These amendments establish new Commission rules governing the 
submission of petitions and the issuance of the Commission's reports to 
the Congress under the Act. The new rules identify the types of 
entities that may file a petition, describe the information that must 
be included in a petition, provide procedures for public comment, and 
describe the schedule for filing petitions and public comments. The new 
rules also describe the content of the preliminary and final reports 
that the Commission must submit to the Congress, and the time for 
submitting those reports, and otherwise establish procedures relating 
to the Commission's review and processing of the petitions under the 
Act.

Procedure for Adopting the Interim Amendments

    The Commission ordinarily promulgates amendments to the Code of 
Federal Regulations in accordance with

[[Page 67145]]

the notice-and-comment rulemaking procedure in section 553 of the 
Administrative Procedure Act (APA) (5 U.S.C. 553). That procedure 
entails publication of notice of proposed rulemaking in the Federal 
Register that solicits public comment on the proposed amendments, 
consideration by the Commission of public comments on the content of 
the amendments, and publication of the final amendments at least 30 
days prior to their effective date.
    In this instance, however, the Commission is amending its rules in 
19 CFR part 220 on an interim basis, effective upon publication of this 
notice in the Federal Register. The Commission's authority to adopt 
interim amendments without following all steps listed in section 553 of 
the APA is derived from section 335 of the Tariff Act of 1930 (19 
U.S.C. 1335), section 3(b)(5) of the American Manufacturing 
Competitiveness Act of 2016 (19 U.S.C. 1332 note), and section 553 of 
the APA.
    Section 553(b) of the APA allows an agency to dispense with 
publication of a notice of proposed rulemaking when the following 
circumstances exist: (1) The rules in question are interpretive rules, 
general statements of policy, or rules of agency organization, 
procedure or practice; or (2) the agency for good cause finds that 
notice and public comment on the rules are impracticable, unnecessary, 
or contrary to the public interest, and the agency incorporates that 
finding and the reasons therefor into the rules adopted by the agency. 
Section 553(d)(3) of the APA allows an agency to dispense with the 
publication of notice of final rules at least thirty days prior to 
their effective date if the agency finds that good cause exists for not 
meeting the advance publication requirement and the agency publishes 
that finding along with the rules. Additionally, section 3(b)(5) of the 
American Manufacturing Competitiveness Act of 2016 requires that the 
Commission prescribe and publish procedures for submitting petitions 
for duty suspensions and reductions under that Act, and section 335 of 
the Tariff Act authorizes the Commission to adopt such reasonable 
procedures, rules, and regulations as it deems necessary to carry out 
its functions and duties.
    In this instance, the Commission has determined that the requisite 
circumstances exist for dispensing with the notice, comment, and 
advance publication procedure that ordinarily precedes the adoption of 
Commission rules. For purposes of invoking the section 553(b)(3)(A) 
exemption from publishing a notice of proposed rulemaking that solicits 
public comment, the Commission finds that the interim amendments to 
part 220 are ``agency rules of procedure and practice.'' Moreover, the 
Commission finds under 553(b)(3)(B) that good cause exists to waive 
prior notice and opportunity for public comment. In particular, the 
American Manufacturing Competitiveness Act of 2016 took effect on May 
20, 2016, and it requires that the Commission have a process in place 
to accept petitions not later than October 15, 2016, which makes the 
establishment of rules a matter of urgency. Hence, it would be 
impracticable for the Commission to comply with the usual notice of 
proposed rulemaking and public comment procedure, and therefore the 
Commission has determined that interim rules are needed under these 
circumstances.
    For the purpose of invoking the section 553(d)(3) exemption from 
publishing advance notice of the interim amendments to part 220 at 
least thirty days prior to their effective date, the Commission finds 
the fact that the Act was signed by the President on May 20, 2016, but 
requires that the Commission have a complete process in place no later 
than October 15, 2016, makes such advance publication impracticable and 
constitutes good cause for not complying with that requirement.
    The Commission recognizes that interim rule amendments should not 
respond to anything more than the exigencies created by the new 
legislation. Each interim amendment to part 220 concerns a new rule 
covering a matter addressed in the new legislation but not covered by a 
preexisting rule.
    After taking into account all comments received and the experience 
acquired under the interim rules, the Commission will replace them with 
final rules promulgated in accordance with the notice, comment, and 
advance publication procedure prescribed in section 553 of the APA.

Regulatory Analysis of Proposed Amendments to the Commission's Rules

    The Commission has determined that these interim rules do not meet 
the criteria described in section 3(f) of Executive Order 12866 (58 FR 
51735, October 4, 1993) and thus do not constitute a ``significant 
regulatory action'' for purposes of the Executive Order.
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is 
inapplicable to this rulemaking because it is not one for which a 
notice of proposed rulemaking is required under 5 U.S.C. 553(b) or any 
other statute.
    These interim rules do not contain federalism implications 
warranting the preparation of a federalism summary impact statement 
pursuant to Executive Order 13132 (64 FR 43255, August 4, 1999).
    No actions are necessary under title II of the Unfunded Mandates 
Reform Act of 1995, Public Law 104-4 (2 U.S.C. 1531-1538) because the 
interim rules will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year (adjusted annually for inflation), 
and will not significantly or uniquely affect small governments.
    These interim rules are not ``major rules'' as defined by section 
251 of the Small Business Regulatory Enforcement Fairness Act of 1996 
(5 U.S.C. 801et seq.). Moreover, they are exempt from the reporting 
requirements of that Act because they contain rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties.
    The Commission has submitted an information collection request for 
its secure web portal for the Miscellaneous Tariff Bills Petition 
System to the Office of Management and Budget for Paperwork Reduction 
Act clearance. See 81 FR 58531 (Aug. 25, 2016). The Commission intends 
to process the information it collects consistent with these interim 
rules.

Section-by-Section Explanation of the Proposed Amendments

PART 220--PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY 
SUSPENSIONS AND REDUCTIONS

    Section 220.1 of part 220 states this part of the rules applies to 
proceedings of the Commission under the American Manufacturing 
Competitiveness Act of 2016.
    Section 220.2 defines key terms and acronyms used in part 220. The 
definitions are drawn largely from definitions in the Act itself. The 
definitions of the terms ``like'' and ``directly competitive'' are 
taken from definitions in the legislative history of the Trade Act of 
1974 and have been traditionally applied in connection with several 
U.S. trade laws that use those terms. The definition of ``imminent 
production'' states that the term normally means production that is 
planned to begin within 3 years of the date the petition is filed, 
which is intended to conform to the Commission's practice with respect 
to

[[Page 67146]]

miscellaneous tariff bills prior to the Act. The applicability of this 
definition of ``imminent production'' is limited to the Act.
    Section 220.3 identifies the types of entities that may file a 
petition and specifies the format that must be followed in submitting a 
petition. Consistent with the statute, it states that 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. 
It also states that 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 U.S. Federal, state, or local government entity. 
Section 220.3 states that any petition must be filed via the 
Commission's secure web portal designated for this purpose, and it 
makes clear that the Commission will not accept petitions submitted in 
paper or in any other form.
    Section 220.4 states that petitions for duty suspensions or 
reductions must be filed not later than 60 days after the Commission 
publishes a notice of opportunity to file in the Federal Register, and 
states that the Commission will publish such notice no later than 
October 15, 2016, for the first round of petitions. Section 220.4 
states that a second round of petitions may be filed in October 2019, 
after publication of a similar notice.
    Section 220.5 lists the types of information that must be set forth 
in a petition, including the name of the petitioner and contact 
information, a statement regarding whether the petitioner is seeking a 
duty suspension or a duty reduction, a description of the article 
concerned, a description of the industry, a certification that the 
petitioner is a likely beneficiary, certain U.S. Customs and Border 
Protection (CBP) documentation, the names of known importers, the names 
of likely beneficiaries, and a description of any domestic production 
of the article. It also requires that the petitioner certify that it 
has not filed identical or overlapping petitions with the Commission.
    Section 220.6 further describes the information that should be 
included in the description of the article for which a duty suspension 
or reduction is being sought. It also identifies types of article 
descriptions that the Commission will not likely recommend for 
inclusion in a miscellaneous tariff bill, such as those that contain 
``actual use'' or ``chief use'' criteria or trade-marked and other 
protected names, and those that might alter tariff treatment or 
classification of a product.
    Section 220.7 states that a petition will not be considered to be 
``properly filed'' unless it contains all the information required by 
Sec. Sec.  220.3 through 220.5 of the rules. It also states that, when 
a petitioner files petitions that are identical or overlapping in 
article coverage and does not withdraw the earlier petition(s), the 
Commission will consider the earliest filed pending petition to be the 
petition of record.
    Section 220.8 states that, in the case of petitions for identical 
or overlapping articles received from multiple petitioners, the 
Commission may consolidate those petitions and publish a single 
recommendation.
    Section 220.9 states that a petitioner may withdraw a petition at 
any time prior to the time the Commission transmits its final report to 
the House Committee on Ways and Means and the Senate Committee on 
Finance (Committees). It also states that a petitioner who withdraws a 
petition may file a new petition, but only during the 60-day window 
allowed for filing petitions. The rule further states that a petitioner 
may not amend a petition, but instead must withdraw the petition and 
file a new one within the 60-day filing period.
    Section 220.10 states that the Commission will publish on its Web 
site, no later than 30 days after expiration of the 60-day period for 
filing petitions, the petitions for duty suspensions and reductions 
that are timely filed and that contain the required information. The 
rule also states that at that time the Commission will publish a notice 
in the Federal Register inviting members of the public to submit 
comments on the petitions received. It states that those comments must 
be filed through the Commission's secure web portal no later than 45 
days after publication of the notice.
    Section 220.11 states that the Commission will submit its 
preliminary report to the Committees no later than 150 days after it 
publishes the petitions submitted. The rule describes the types of 
information that will be included in the preliminary report, including 
the Commission's determination of whether or not domestic production of 
the article exists, any technical changes to the article description 
that are needed to make the description administrable, an estimate of 
the amount of revenue loss, and a determination of whether or not the 
duty suspension is available to any person who imports the article. The 
rule states that the Commission will also include in the preliminary 
report a list of the petitions that meet certain statutory criteria.
    Section 220.12 states that the Commission will submit its final 
report to the Committees no later than 60 days after it submits its 
preliminary report. It states that the final report will include the 
information required to be included in the preliminary report as 
updated after taking into consideration certain information from the 
Committees, and that the report also will include determinations 
regarding whether the duty suspension or reduction can likely be 
administered by CBP, whether the estimated loss in revenue from the 
duty suspension or reduction does not exceed $500,000, and whether the 
duty suspension or reduction is available to any person importing the 
articles.
    Section 220.13 states that the Commission will not release 
information that the Commission considers to be confidential business 
information within the meaning of 19 CFR 201.6(a) unless the party 
submitting the information had notice at the time of submission that 
such information would be released, or such party subsequently consents 
to release. The rule notifies parties of two possible instances in 
which confidential business information might be released: (1) The 
Commission may base its revenue loss estimates on the estimated values 
of imports submitted by petitioners in their petitions, and (2) the 
Commission may disclose some or all of the confidential business 
information provided in petitions and public comments to the U.S. 
Department of Commerce, the U.S. Department of Agriculture, and CBP for 
use in preparing the report that Commerce provides to the Commission 
and the Committees.
    Section 220.14 states that Commission rules that apply to the 
initiation and conduct of investigations, with the exception of certain 
rules that apply to methods employed in obtaining information, the 
computation of time, and to attorneys and agents, will not apply to 
Commission proceeding under part 220.

List of Subjects in 19 CFR Part 220

    Administrative practice and procedure, Miscellaneous tariff bills.


0
For the reasons stated in the preamble, the United States International 
Trade Commission amends 19 CFR chapter II by adding part 220 to 
subchapter D to read as follows:

PART 220--PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY 
SUSPENSIONS AND REDUCTIONS

Sec.

[[Page 67147]]

220.1 Applicability of part.
220.2 Definitions applicable to this part.
220.3 Who may file a petition, format for filing.
220.4 Time for filing.
220.5 Contents of petition.
220.6 Article description.
220.7 Properly filed petition.
220.8 Consolidation of petitions.
220.9 Withdrawal of petitions, amendments to petitions.
220.10 Commission review of petitions and disclosure forms.
220.11 Commission preliminary report.
220.12 Commission final report.
220.13 Confidential business information.
220.14 Application of other Commission rules.

    Authority: 19 U.S.C. 1335; Public Law 114-159, 130 Stat. 396 (19 
U.S.C. 1332 note).


Sec.  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).


Sec.  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.


Sec.  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.


Sec.  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.


Sec.  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 Sec.  
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) with respect to the article; and
    (2) A copy of 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, an 
estimate of the total value (in United States dollars) of imports of 
the article 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 total value 
of such imports for each HTS article, by the person who submits the 
petition and by any other importers, if available.
    (i) The name of each person that imports the article, if available.
    (j) A description of any domestic production of the article, if 
available.
    (k) A Commission disclosure form as defined in Sec.  220.2(d).

[[Page 67148]]

    (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) Such other information as the Commission may require.


Sec.  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.


Sec.  220.7  Properly filed petition.

    (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 Sec. Sec.  
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.


Sec.  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.


Sec.  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 at any time 
prior to the date on which the Commission submits its final report. 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 
Sec.  220.4 may submit a new petition, but only during the 60-day 
period described in Sec.  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.


Sec.  220.10  Commission review of petitions and disclosure forms.

    (a) Commission publication and public availability. 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 Web 
site the petitions for duty suspensions and reductions submitted under 
Sec.  220.3 that were timely filed and contain the information required 
under Sec.  220.5. When circumstances allow, the Commission may post 
such petitions on its Web site earlier than 30 days after expiration of 
the 60-day period for filing petitions.
    (b) Public comment. 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 Web site 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. Comments, including any attachments thereto, must 
otherwise comply with the Commission's Handbook on MTB Filing 
Procedures as posted on the Commission's Web site. For purposes of this 
section, all petitions posted by the Commission on its Web site, 
whether or not posted early, shall be deemed to be officially published 
by the Commission on its Web site on the date of publication of the 
notice seeking written comments from members of the public on the 
petitions.


Sec.  220.11  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

[[Page 67149]]

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 (i.e., 
corrections to the article description that do not otherwise 
substantially alter the scope or HTS classification of the articles 
covered by the petition) 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.


Sec.  220.12  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]


Sec.  220.13  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 Sec.  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.


Sec.  220.14  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 Sec.  201.9 (methods employed in obtaining 
information), Sec.  201.14(a) (computation of time), and Sec.  201.15 
(attorneys or agents)), shall not apply to Commission proceedings under 
this part.

    By order of the Commission.

    Issued: September 21, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-23229 Filed 9-29-16; 8:45 am]
BILLING CODE 7020-02-P