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76

|

NOVEMBER 2016

|

THINK

T

he Miscellaneous Tariff

Bill (MTB) is legislation

providing benefits to importers

in the form of temporary duty

reductions on qualifying goods.

The MTB’s goal is to aid U.S.

manufacturers by reducing duties

on inputs (rawmaterials, parts,

etc.), thereby cutting domestic

production costs and increasing

the competitiveness of U.S.

manufacturers. However, MTB

duty benefits have also been

granted to imported finished

goods. For example, the most

recent MTB (which has since

expired) granted duty benefits to

certain shopping bags, basketballs

and sports footwear.

From 1982 to 2010, Congress

passed successive three-

year MTBs providing duty

benefits for over 1,000 different

products. The last MTB expired

December 31, 2012. Due to

concerns in the Senate that

the MTB duty reductions were

prohibited “earmarks,” the

legislation was not renewed

until May 20, 2016 when the

president signed the American

Manufacturing Competitiveness

Act of 2016, which created

a new MTB process.

Just like the old MTB process,

under the new MTB process duty

reductions are intended to:

• Be limited to non-controversial

goods (

i.e.,

goods with

insufficient or no domestic

availability and no opposition

from domestic producers), and

• Result in estimated duty relief

with an annual impact of less

than $500,000 in duties

per

MTB line item

. In other words,

the total duty reduction for

all goods anticipated to be

entered by all importers under

a particular MTB line item

must be estimated at less than

$500,000 annually.

The newMTB process differs

from that previously used because

petitions will now be filed

electronically directly with the

International Trade Commission

(ITC) and will not require

sponsorship by a member of

Congress. The ITC has dedicated

a web page to the MTB process,

which can be accessed at

www.usitc.gov/mtbinfo.htm

Why Does The New MTB

Process Matter?

As a result of the new legislation,

the ITC has begun the process

enabling the agency to gather

petitions for proposedMTB benefits

fromnumerous entities, analyze

and vet the petitions, and put

together a newMTB for submission

to Congress. Under the newMTB

process the window for submitting

petitions to the ITC, which began

October 14, 2016, will close

December 13, 2016. Thereafter,

Duty

Reductions

New Miscellaneous

Tariff Bill process

provides duty

savings opportunities

for importers.

by

Robert Stang

Committee

members will not

be able to add any

products to the

list of proposed

MTB goods

(a significant

departure from

the past process),

but may exclude

a product

for virtually

any reason.