§ 220.12. Commission preliminary report.
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/us/cfr/t19/s§ 220.12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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. \[81 FR 67149, Sept. 30, 2016. Redesignated and amended at 84 FR 44693, Aug. 27, 2019\]