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ITC Will Begin Accepting MTB Petitions

This morning, in the Federal Register, the U.S. International Trade Commission (ITC) announced that it will begin accepting petitions for duty-relief in the Miscellaneous Tariff Bill (MTB). Petitions will be accepted until 5:15 p.m. Eastern time on December 12, 2016. The USITC will only accept petitions submitted electronically via its portal, the MTB Petition System (MTBPS).

As discussed in our May 25, 2016 post, petitions for duty suspensions may only be filed by members of the public, or their legal representative, who can demonstrate that they are a likely beneficiary of the duty suspension or reduction. The ITC will then manage a 45-day notice and comment period on whether individual requests threaten U.S. domestic producers. Following this review, the ITC will send Congress a report suggesting products for inclusion in a final MTB to amend Chapter 99 of the Harmonized Tariff Schedule of the United States. We anticipate the amendments to Chapter 99 will take effect beginning in 2018.

Users will need to register in order to file petitions on the portal. Persons seeking MTBs on more than one imported product must submit separate petitions for each product and must be prepared to complete their entire petition when they enter the portal, which will time-out within an hour. The portal will not allow MTB petitions to be edited or amended. If a filer wants to edit or amend the petition, they must withdraw the original petition and file a new petition that incorporates the changes. However, that new petition must be filed before the December 12 deadline.

The ITC will begin posting filed petitions on its website next week, after reviewing the first batch of submitted petitions. Persons submitting petitions will be allowed to identify certain fields as containing confidential business information or as information protected from disclosure under the Privacy Act. If confidential information is accidentally included in a public field, a filer should notify the ITC immediately.

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About this Author

Kathleen Murphy, International trade Lawyer, Drinker Biddle
Partner

Kathleen M. Murphy counsels clients on maximizing trade benefits, making informed global procurement decisions and developing domestic and international trade compliance programs. She represents clients in duty-recovery initiatives and customs challenges concerning tariff classification, valuation, Free Trade Agreements and country of origin determinations, among other areas. She guides clients through compliance audits and validations, as well as penalty investigations conducted by U.S. or foreign customs authorities. She also represents clients in...

312-569-1155
James Sawyer, Drinker Biddle Law Firm, Chicago, Trade Law Attorney
Partner

James L. Sawyer counsels clients in all areas of U.S. import laws and regulations, including tariff classification, valuation, origin determination and marking, Free Trade Agreements, and duty preference programs. He chairs the firm’s Customs and International Trade Team and is the Regional Partner in Charge of the firm's Chicago office.

James represents clients in enforcement proceedings and investigations, Focused Assessment audits, and other verification proceedings conducted by U.S. Customs and Border Protection (CBP). He frequently assists clients craft responses to formal CBP Requests for Information and Notices of Action, which are often precursors to more aggressive CBP enforcement proceedings. 

312-569-1156
William Rucker, Drinker Biddle Law Firm, International Trade and Customs Specialist
Partner

William R. “Randy” Rucker assists clients with all aspects of U.S. Customs law, including the classification and valuation of merchandise, country of origin and marking determinations, quantitative import restraints, duty-preference and savings programs, understanding and receiving the benefits of free trade agreements, compliance audits, enforcement actions and other trade-related matters.

In order to assist clients with their compliance efforts and satisfy "reasonable care" requirements, Randy frequently performs reviews of companies' internal...

312-569-1157
Nicholas Guzman, Drinker Biddle Law Firm, Chicago, Trade Law Attorney
Associate

Nicolas Guzman assists his clients in all aspects of international trade laws and regulations. Nick has experience helping clients with a variety of import issues, including import tariff classification, valuation, country of origin determination and marking issues, and eligibility determinations under various free trade agreements and duty preference programs.

Nick assists clients with establishing import operations, from the development of internal controls through the planning and execution of post-entry audit processes. He...

202-230-5436