Lawmakers Begin Miscellaneous Tariff Bill Process
On March 30, 2012, the House Ways and Means Committee and Senate Finance Committee announced the commencement of the Miscellaneous Tariff Bill (MTB) process. Chairman Dave Camp (R-MI), Ranking Member Sander Levin (D-MI), Trade Subcommittee Chairman Kevin Brady (R-TX), and Trade Subcommittee Ranking Member Jim McDermott (D-WA) said any members wishing to introduce an MTB must do so by April 30, 2012. Any MTB bill must be non-controversial and any duty suspension must amount to less than $500,000 in annual lost revenue, said Senate Finance Committee Chairman Max Baucus (D-Mont.).
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Both committees provided guidance for the MTB process. After the April 30, 2012, the Committees will post each bill under consideration (i.e., introduced) for inclusion in the MTB. The Committee will also post the requisite forms (i.e., the Bill Description Form, Preliminary Miscellaneous Tariff Bill Disclosure Form and Final Miscellaneous Tariff Bill Disclosure Form) that must be submitted to the Committee by each member introducing a bill. Once all of the bills are posted, the Committees will issue an advisory that requests comments from the public on bills under consideration for inclusion in the MTB. The Committees will post the public comments on the Committee websites after the comment period concludes. The Committees will also post comments from the ITC and the Administration upon completion of their respective reviews and the Congressional Budget Office (CBO) scores. After reviewing all of the information available, including the comments from the ITC, the Administration (including Commerce Department and CBP) and the public and the CBO score, the Committee will determine whether a bill meets the requirements and thus is eligible for inclusion in the MTB.
The International Trade, Commerce Department, and CBP will initiate relevant reviews after bills are introduced and will conduct reviews independently of each other:
- U.S. International Trade Commission: Once bills are introduced, the ITC will seek information about the existence of domestic production and whether a domestic producer objects to a bill. The ITC will also seek information about the amount of tariff revenue that would no longer be collected upon entry into force of the bill in the present year and in future years. The ITC may also suggest technical changes to the product description in the bill. The information compiled by the ITC will be provided in the Congressional Bill Report, which will be posted on the ITC website.
- U.S. Department of Commerce: DOC will formulate an Administration position on each bill after determining whether domestic production exists and whether any domestic producer opposes the bill. DOC will also work with the Office of Management and Budget to coordinate interagency review and clearance of the Administration’s positions on the bills. The DOC may also suggest technical modifications to a bill.
- U.S. Customs and Border Protection: CBP will determine if a bill is administrable when goods are presented for importation. Among other things, CBP may suggest technical changes to the product description.
- The State Department, USTR, and other agencies may also conduct a broad review of bills. Senate offices should make themselves available to discuss the bills and promptly provide information to the agencies, if requested. The Committee will request the Congressional Budget Office score of each bill to ensure that it complies with the MTB eligibility requirements.
The House Ways and Means Committee statement is (here). A House MTB process guidance is (here) The Senate Finance Committee statement and guidance is (here).