On September 30, 2016, the U.S. International Trade Commission (ITC) published in the Federal Register an interim rule that will amend the ITC’s Rules of Practice and Procedure and establish a new part (Part 220) governing the submission and consideration of petitions for duty suspensions and reductions under the American Manufacturing Competitiveness Act of 2016.
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 ITC to prescribe and publish in the Federal Register and on a publicly available internet Web site of the ITC by October 15, 2016 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. Members of the public are requested to submit petitions to the ITC 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 ITC’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 ITC 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 ITC regarding the petitions and disclosure forms. The ITC must make those comments available to the public on the ITC’s Web site.
The amendments establish new ITC rules governing the submission of petitions and the issuance of the ITC’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 ITC must submit to the Congress, and the time for submitting those reports, and otherwise establish procedures relating to the ITC’s review and processing of the petitions under the Act.
The interim rule was effective on publication but comments may be submitted through November 29, 2016.