[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Notices]
[Pages 1327-1328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00100]


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INTERNATIONAL TRADE COMMISSION


American Manufacturing Competitiveness Act of 2016: Notice of 
Publication of Petitions For Duty Suspensions and Reductions and 
Related Disclosure Forms, and Notice of Request for Comments on Those 
Petitions and Disclosure Forms

AGENCY: United States International Trade Commission.

ACTION: Notice of publication on the Commission's website of petitions 
for duty suspensions and reductions and related disclosure forms, and 
notice of request for comments on those petitions and disclosure forms.

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SUMMARY: As required by section 3(b)(3) of the American Manufacturing 
Competitiveness Act of 2016, the Commission has published on its 
website at https://mtbps.usitc.gov the petitions for duty suspensions 
and reductions and related disclosure forms (hereafter collectively 
referred to as ``petitions'') that were filed according to 
requirements. The Commission is now requesting that members of the 
public submit comments to the Commission on those petitions by the 
close of business on February 24, 2020. All comments must be submitted 
via the Commission's designated secure web portal. The Commission will 
not accept comments submitted in paper or in any other form or format.

DATES: January 10, 2020: Date of publication on the Commission's 
website of petitions for duty suspensions and reductions, and opening 
date for filing comments concerning those petitions.
    February 24, 2020, 5:15 p.m., EST: Closing date and time for the 
submission of comments on the petitions.

ADDRESSES: All Commission offices are located in the United States 
International Trade Commission Building, 500 E Street SW, Washington, 
DC. The public file for this proceeding may be viewed on the 
Commission's Miscellaneous Tariff Bill Petition System (MTBPS) at 
https://mtbps.usitc.gov.

FOR FURTHER INFORMATION CONTACT: For general inquiries, contact 
[email protected]. For filing inquiries, contact the Office of 
Secretary, Docket Services Division, U.S. International Trade 
Commission, at [email protected] or (202) 205-3238.
    The media should contact Peg O'Laughlin, Public Affairs Officer 
(202-205-1819 or [email protected]). General information 
concerning the Commission may be obtained at https://www.usitc.gov.
    Background: The American Manufacturing Competitiveness Act of 2016 
(the Act), 19 U.S.C. 1332 note, establishes a process for the 
submission and consideration of petitions. The Act requires the 
Commission to initiate the process by publishing a notice requesting 
members of the public who can demonstrate that they are likely 
beneficiaries of duty suspensions or reductions to submit petitions to 
the Commission. As required by the Act, the Commission published that 
notice in the Federal Register on October 11, 2019 (84 FR 54924), with 
all such petitions to be submitted by the close of business on December 
10, 2019.
    Section 3(b)(3)(A) of the Act requires that the Commission, no 
later than 30 days after the expiration of the period for filing 
petitions, that is, by January 10, 2020, publish on its website the 
petitions that contain the information required by the Act. Section 
3(b)(3)(B) of the Act requires that the Commission, at the same time, 
publish a notice requesting members of the public to submit comments to 
the Commission on the petitions published. Such comments must be 
submitted to the Commission during the 45-day period beginning on the 
date of publication of the notice--in this case, by February 24, 2020.
    The Act requires the Commission to submit preliminary and final 
reports to the House Committee on Ways and Means and the Senate 
Committee on Finance (Committees) on the petitions received. The 
Commission will submit those reports in June and August 2020, 
respectively. The reports are to include the Commission's analysis and 
determinations regarding the petitions, including whether there is 
domestic production of the article, whether the duty suspension or 
reduction can likely be administered by the U.S. Customs and Border 
Protection (CBP), whether the estimated loss in revenues due to the 
duty suspension or reduction does not exceed $500,000, and whether the 
duty suspension or reduction will be available to any person importing 
the article. The Commission is required to classify the petitions into 
categories based on whether (1) the petition meets the requirements for 
inclusion in a miscellaneous tariff bill as submitted or with specified 
technical changes, changes in product scope, or adjustment in the 
amount of duty reduction; (2) the petition does not meet the 
petitioning requirements or the petitioner is not a likely beneficiary; 
and (3) the Commission otherwise recommends not including the petition 
in the bill. The Committees and the Congress will make the final 
decision regarding the imported articles to be included in a bill.
    The Act also requires the U.S. Department of Commerce (Commerce), 
with input from CBP and other Federal agencies, to submit a report to 
the Commission and to the Committees. This report is to include 
information related to domestic production and technical changes that 
are necessary for purposes of administration when articles are 
presented for importation.
    Procedures for Filing a Comment: The Commission has promulgated 
rules of practice and procedure regarding the process for filing 
comments on the petitions filed. The rules, as amended, are published 
at 19 CFR part 220 (84 FR 44687, Aug. 27, 2019). See in particular 19 
CFR 220.10--220.11. The rules are also posted on the Commission's 
website along with other materials, including a handbook, designed to 
assist

[[Page 1328]]

the public in filing petitions and comments--see https://www.usitc.gov/trade_tariffs/mtb_program_information. Highlights of the filing 
procedures are presented below only as an overview; persons who are 
considering filing comments should consult the Commission's rules, 
handbook, and other materials.
    Who may file. As provided for in the Act and in the Commission's 
rules, any member of the public may file comments. The Commission is 
particularly interested in receiving comments from domestic producers 
about whether they produce an article that is identical to, or like or 
directly competitive with, an article that is the subject of a petition 
for a duty suspension or reduction, and, if they do, whether they 
object to such a duty suspension or reduction. The Commission is also 
interested in receiving comments from individuals and entities who 
believe that they would be a likely beneficiary of a particular duty 
suspension or reduction, or who, having been named in the petition or 
another comment as a likely beneficiary, wish to state that they would 
not be a likely beneficiary of a particular duty suspension or 
reduction. The Act defines ``likely beneficiary'' to mean ``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.''
    Petitioning parties may also submit comments. However, the 
Commission will not consider any comments that seek to amend a petition 
that the submitter previously filed.
    Method for filing. Comments concerning petitions must be filed 
electronically via the Commission's designated secure web portal and in 
the format designated by the Commission in that portal. The portal 
contains a series of prompts and links that will assist persons in 
providing the required information. The Commission will not accept 
comments submitted in paper or in any other form or format. Comments, 
including any attachments thereto, must otherwise comply with the 
Commission's rules as further explained in the Commission's Handbook on 
MTB Filing Procedures. Persons seeking to comment on more than one 
petition must submit a separate comment for each petition.
    Persons filing comments should be prepared to complete their entire 
comment when they enter the portal because the portal will not allow 
them to edit, amend, or complete the comment at a later time. 
Accordingly, a person filing a comment should have all required 
information in hand when they enter the portal to begin the formal 
filing process. A list of all the information required to complete a 
comment may be found in the Commission's Before You File a Comment 
guide, which is located on the the Commission's MTB information page at 
https://www.usitc.gov/trade_tariffs/mtb_program_information.
    Time for filing. To be considered, comments must be filed no 
earlier than the publication date of this notice in the Federal 
Register and no later than the close of business (5:15 p.m. EST) on 
February 24, 2020. Consistent with the Act, the Commission will not 
accept comments filed after that time and date.
    Amendment and withdrawal of comments. The Commission's secure web 
portal will not allow a person who has formally submitted a comment to 
amend that comment. Instead, that person must withdraw the original 
comment and file a new comment that incorporates the changes. The new 
comment must be filed within the 45-day period designated for 
submitting comments (i.e., before 5:15 p.m. EST on February 24, 2020).
    Comments containing confidential business information. The portal 
will permit persons submitting comments to claim that certain 
information should be treated either as confidential business 
information or as information protected from disclosure under the 
Privacy Act, 5 U.S.C. 552a, (e.g., a home address). In the absence of a 
claim that such information should be so treated, the Commission will 
disclose the information to the public when it posts the comments and 
attachments on the Commission's website. See further information below 
on possible disclosure of confidential business information.
    Confidential Business Information. The Commission will not release 
information that the Commission considers to be confidential business 
information within the meaning of Sec.  201.6(a) of its Rules of 
Practice and Procedure (19 CFR 201.6) 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.
    Confidential business information submitted to the Commission in 
comments may be disclosed to or used by (1) the Commission in 
calculating the estimated revenue loss required under the Act, which 
may be based in whole or in part on the estimated values of imports 
submitted in comments, as well as by petitioners in their petitions; or 
(2) the Commission, its employees, and contract personnel (a) in 
processing petitions and comments and preparing reports under the Act 
or (b) in internal investigations, audits, reviews, and evaluations 
relating to the programs, personnel, and operations of the Commission, 
including under 5 U.S.C. Appendix 3; or (3) Commerce, for use in 
preparing its report to the Commission and the Committees, and the U.S. 
Department of Agriculture and CBP, for use in providing information for 
that report; or (4) U.S. government employees and contract personnel, 
solely for cybersecurity purposes, subject to the requirement that all 
contract personnel will sign appropriate nondisclosure agreements.

    By order of the Commission.

    Issued: January 3, 2020.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2020-00100 Filed 1-9-20; 8:45 am]
BILLING CODE 7020-02-P