Sec. 3. PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY SUSPENSIONS AND REDUCTIONS
1,931 words·~9 min read·
/statute-compilations/comps-12043/sec-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 3 PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY SUSPENSIONS AND REDUCTIONS ###
(a)Purpose It is the purpose of this section to establish a process for the submission and consideration of petitions for duty suspensions and reductions. ###
(b)Requirements of Commission ####
(1)Initiation Not later than October 15, 2016, and October 15, 2019, the Commission shall publish in the Federal Register and on a publicly available Internet website of the Commission a notice requesting members of the public who can demonstrate that they are likely beneficiaries of duty suspensions or reductions to submit to the Commission during the 60-day period beginning on the date of such publication— #####
(A)petitions for duty suspensions and reductions; and #####
(B)Commission disclosure forms with respect to such duty suspensions and reductions. ####
(2)Content of petitions Each petition for a duty suspension or reduction under paragraph (1)(A) shall include the following information: #####
(A)The name and address of the petitioner. #####
(B)A statement as to whether the petition provides for an extension of an existing duty suspension or reduction or provides for a new duty suspension or reduction. #####
(C)A certification that the petitioner is a likely beneficiary of the proposed duty suspension or reduction. #####
(D)An article description for the proposed duty suspension or reduction to be included in the amendment to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States. #####
(E)To the extent available— ######
(i)a classification of the article for purposes of the amendment to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States; ######
(ii)a classification ruling of U.S. Customs and Border Protection with respect to the article; and ######
(iii)a copy of a U.S. Customs and Border Protection entry summary indicating where the article is classified in the Harmonized Tariff Schedule of the United States. #####
(F)A brief and general description of the article. #####
(G)A brief description of the industry in the United States that uses the article. #####
(H)An estimate of the total value, in United States dollars, of imports of the article 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 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)Such other information as the Commission may require. ####
(3)Review #####
(A)Commission publication and public availability As soon as practicable after the expiration of the 60-day period specified in paragraph (1), but in any case not later than 30 days after the expiration of such 60-day period, the Commission shall publish on a publicly available Internet website of the Commission— ######
(i)the petitions for duty suspensions and reductions submitted under paragraph (1)(A) that contain the information required under paragraph (2); and ######
(ii)the Commission disclosure forms with respect to such duty suspensions and reductions submitted under paragraph (1)(B). #####
(B)Public comment ######
(i)In general The Commission shall publish in the Federal Register and on a publicly available Internet website of the Commission a notice requesting members of the public to submit to the Commission during the 45-day period beginning on the date of publication described in subparagraph
(A)comments on— ######
(I)the petitions for duty suspensions and reductions published by the Commission under subparagraph (A)(i); and ######
(II)the Commission disclosure forms with respect to such duty suspensions and reductions published by the Commission under subparagraph (A)(ii). ######
(ii)Publication of comments The Commission shall publish a notice in the Federal Register directing members of the public to a publicly available Internet website of the Commission to view the comments of the members of the public received under clause (i). #####
(C)Preliminary report ######
(i)In general As soon as practicable after the expiration of the 120-day period beginning on the date of publication described in subparagraph (A), but in any case not later than 30 days after the expiration of such 120-day period, the Commission shall submit to the appropriate congressional committees a preliminary report on the petitions for duty suspensions and reductions submitted under paragraph (1)(A). The preliminary report shall contain the following information with respect to each petition for a duty suspension or reduction: ######
(I)The heading or subheading of the Harmonized Tariff Schedule of the United States in which each article that is the subject of the petition for the duty suspension or reduction is classified, as identified by documentation supplied to the Commission, and any supporting information obtained by the Commission. ######
(II)A determination of whether or not domestic production of the article that is the subject of the petition for the duty suspension or reduction exists, taking into account the report of the Secretary of Commerce under subsection (c)(1), and, if such production exists, whether or not a domestic producer of the article objects to the duty suspension or reduction. ######
(III)Any technical changes to the article 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 subsection (c)(2). ######
(IV)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. ######
(V)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. ######
(VI)The likely beneficiaries of each duty suspension or reduction, including whether the petitioner is a likely beneficiary. ######
(ii)Categories of information The preliminary report submitted under clause
(i)shall also contain the following information: ######
(I)A list of petitions for duty suspensions and reductions that meet the requirements of this Act without modifications. ######
(II)A list of petitions for duty suspensions and reductions for which the Commission recommends technical corrections in order to meet the requirements of this Act, with the correction specified. ######
(III)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 this Act, with the modification specified. ######
(IV)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 such petitions to address objections by domestic producers to such petitions, with the modifications specified. ######
(V)A list of the following: ######
(aa)Petitions for duty suspensions and reductions that the Commission has determined do not contain the information required under paragraph (2). ######
(bb)Petitions for duty suspensions and reductions with respect to which the Commission has determined the petitioner is not a likely beneficiary. ######
(VI)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 subclause (V). #####
(D)Additional information The Commission shall consider any information submitted by the appropriate congressional committees to the Commission relating to moving a petition that is contained in the list referred to in subclause
(VI)of subparagraph (C)(ii) of the preliminary report submitted under subparagraph
(C)to a list referred to in subclause (I), (II), (III), or
(IV)of subparagraph (C)(ii). #####
(E)Final report Not later than 60 days after the date on which the preliminary report is submitted under subparagraph (C), the Commission shall submit to the appropriate congressional committees a final report on each petition for a duty suspension or reduction specified in the preliminary report. The final report shall contain with respect to each such petition— ######
(i)the information required under clauses
(i)and
(ii)of subparagraph
(C)and updated as appropriate under subparagraph (D); and ######
(ii)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 article that is the subject of the duty suspension or reduction. #####
(F)Exclusions The appropriate congressional committees may exclude from a miscellaneous tariff bill any petition for a duty suspension or reduction that— ######
(i)is contained in any list referred to in subclause (I), (II), (III), or
(IV)of subparagraph (C)(ii), as updated as appropriate under subparagraph (E)(i); ######
(ii)is the subject of an objection from a Member of Congress; or ######
(iii)is for an article for which there is domestic production. #####
(G)Estimates by the congressional budget office For purposes of reflecting the estimate of the Congressional Budget Office, the appropriate congressional committees shall adjust the amount of a duty suspension or reduction in a miscellaneous tariff bill only to assure that the estimated loss in revenue to the United States from that duty suspension or reduction, as estimated by the Congressional Budget Office, does not exceed $500,000 in a calendar year during which the duty suspension or reduction would be in effect. #####
(H)Prohibitions Any petitions for duty suspensions or reductions that are contained in any list referred to in subclause
(V)or
(VI)of subparagraph (C)(ii), as updated as appropriate under subparagraph (E)(i), or have not otherwise undergone the processes required by this Act shall not be included in a miscellaneous tariff bill. ####
(4)Confidential business information The procedures concerning the release of confidential business information set forth in section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) shall apply with respect to information received by the Commission in posting petitions on a publicly available website of the Commission and in preparing reports under this subsection. ####
(5)Procedures The Commission shall prescribe and publish in the Federal Register and on a publicly available Internet website of the Commission procedures to be complied with by members of the public submitting petitions for duty suspensions and reductions under subsection (b)(1)(A). ###
(c)Department of Commerce Report Not later than the end of the 90-day period beginning on the date of publication of the petitions for duty suspensions and reductions under subsection (b)(3)(A), the Secretary of Commerce, in consultation with U.S. Customs and Border Protection and other relevant Federal agencies, shall submit to the Commission and the appropriate congressional committees a report on each petition for a duty suspension or reduction submitted under subsection (b)(1)(A) that includes the following information: ####
(1)A determination of whether or not domestic production of the article that is the subject of the petition for the duty suspension or reduction exists and, if such production exists, whether or not a domestic producer of the article objects to the petition for the duty suspension or reduction. ####
(2)Any technical changes to the article description that are necessary for purposes of administration when articles are presented for importation.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 3
PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY SUSPENSIONS AND REDUCTIONS
Cites 1Cited by 0 across 0 sources