Support Statement

SUPPORTING STATEMENT
UNITED STATES INTERNATIONAL TRADE COMMISSION QUESTIONNAIRE
Miscellaneous Tariff Bill Petition System
Part A—Justification
1. Request for regular action
The U.S. International Trade Commission (“USITC” or “Commission”) is seeking Office of Management
and Budget (“OMB”) approval for the collection of information related to requests for temporary tariff
relief on imported goods (“petitions”) submitted to the Commission as a result of the American
Manufacturing Competitiveness Act of 2016 (“the Act”) (19 U.S.C. § 1332 note).
The Act requires the Commission to establish a process to receive petitions that will take the place of
individual miscellaneous tariff bills, and specifies the contents of such petitions. The Act also provides
that these petitions must be made available on the Commission’s website so that public comment on each
one may be filed. The Act specifies the contents of preliminary and final reports the Commission must
issue, and requires the Commission to make several determinations concerning the petitions. Lastly, the
Act requires the Commission to make particular recommendations concerning the petitions and provide
the necessary information to Congress that will permit Congress to decide which petitions should be
included in a miscellaneous tariff bill. The Act specifies the schedule for collection of petitions and for
the Commission to submit a report to the House Committee on Ways and Means and the Senate
Committee on Finance (“Committees”) containing information and its determinations. The Act mandates
that the Commission conduct two petition-submission cycles and begin accepting petitions, thereby
collecting the information for which this approval is sought, not later than October 15, 2016 and October
15, 2019, respectively. The first cycle commenced on October 14, 2016, and the Commission delivered
its final report to the Committees on the submitted petitions on August 8, 2017. This request concerns the
second petition-submission cycle, which must start not later than October 15, 2019.
On April 4, 2019, the Commission posted its draft intake and comment forms on its website
(https://www.usitc.gov/mtbpscomments), and published a request for public comments in the Federal
Register on the draft forms. The Commission accepted public comments through June 3, 2019.
2. Purpose
The Commission will review and analyze the information provided and use it as a basis for the
determination(s) it makes in the preliminary and final reports to the Committees, which the Act requires.
Commission staff will perform initial review and analysis, with preliminary and final reports approved by
the Commission.
3. Use of technology
The Commission will collect information electronically via the same portal that the Commission used for
the first cycle, the Miscellaneous Tariff Bill Petition System (“MTBPS”). The MTBPS is located at
https://mtbps.usitc.gov, and the Commission will deploy it to accept petitions for the second cycle not
later than October 15, 2019. The Commission plans to review and update guidance originally issued in
2016 that will help submitters prepare in advance for their electronic submissions. This updated
guidance, coupled with a user-friendly, click-through electronic submission portal, reduces the burden in
composing a petition and comments on submitted petitions.
4. Non-duplication of available data
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The information collected through the MTBPS electronic portal is limited to the information required by
the Act and information not already publicly available but needed for Commission analysis of petitions.
To the extent possible, the Commission’s analysis will rely on existing publicly available data.
Commission staff has reached out to government, academic, and industry leaders, and have confirmed
that there are no existing data that address the data needs that should result from the petition. Further,
after a thorough background search of data sources for this process, it has been determined that no other
industry, government, or academic organizations collect or publish data that are duplicative of the data
requested in the petition.
5. Impact on small businesses
In developing the MTBPS electronic portal, which petitioners will utilize to submit petitions and
interested parties will use to submit comments on petitions, the Commission drew upon user experiences
that should be familiar to the seasoned practitioner and small-business owner alike, i.e., click-through
screens, help bubbles and text, and confirmation pages. The Commission expects that this format, in
addition to maintaining a robust library of help documentation and ensuring Commission staff are
available to answer questions in a timely fashion, will minimize the burden on small entities. In addition,
the Commission is committed to making the portal and any concomitant help documentation compliant
with Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. § 794d.
6. Consequences of non-collection
If the Commission does not conduct this collection, it will not be able to produce its statutorily required
reports. The Act prescribes the contents of each petition and also indicates that petitions are to be made
available to the public on a website of the Commission. Electronic collection of the information that the
Commission has proposed in its intake and comment forms is therefore the best way to address what the
Act prescribes.
7. Frequency of data collection
The Act requires that this petition cycle begin by October 15, 2019, and proceed on the same schedule as
the first cycle.
8a. Consistency with 5 C.F.R. § 1320.6 guidelines
No special circumstances exist that require the collection to be conducted in a manner inconsistent with
the guidelines of 5 C.F.R. § 1320.6. If any respondents do not maintain information in the format
requested by the petition, they are requested to submit carefully prepared estimates based upon available
information.
8b. Consultations with affected public
The Commission’s 60-day notice requesting public comment was published in the Federal Register on
April 4, 2019. The notice and other information related to this process were published on the
Commission’s website at https://www.usitc.gov/mtbpscomments. The Commission received one public
comment in response to that notice.
In addition, the Commission issued a survey to the public in Fall 2017 seeking feedback on the first cycle,
including utilization of the MTBPS in collecting petition and comment information. (OMB No. 31170222). The Commission received twelve (12) responses to this survey. Responses relating to the MTBPS
largely centered on ease of use of the portal.
The table below summarizes the comments and feedback received, as well as the Commission’s
responses.
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Comment/Feedback Received

How Addressed
Source
Add a “Save” feature to allow petitioners to start a The Commission understands the utility of this
petition, exit the portal, and return at a later time
functionality, however, resource constraints do
without losing the data already entered.
not permit the inclusion of this feature at this
time. The Commission will provide on its website
a blank petition summary form that will assist
petitioners in gathering the required information
in advance of using the petition submission
system.
Public Survey Response
Allow users to repopulate fields on new petition
The Commission has incorporated this comment.
or comments based on information provided in a
The petition system will permit users to populate
previous petition or comment.
certain information in the petition and to comment
based on the information provided by the filer
during registration with the MTBPS. In addition,
the user will be able to select petitioner and
commenter names from a pre-defined list based
on previously filed petitions and comments. The
user will maintain the ability to enter a new
petitioner or commenter name.
Public Survey Response
Allow users to search the petition list page by
The Commission has incorporated this comment.
petitioner name.
The petitions list page in the MTBPS contains a
search box in the upper right-hand corner of the
screen. A user may type any portion of the
petitioner’s name and the list will filter according
to the text criteria entered.
Public Survey Response
Provide user with ability to view the entire
The Commission will incorporate this comment in
contents of a text box when inputting information. updated guidance. The ability to expand an input
text box depends on the web browser the user is
using to submit a petition or comment. The
Commission will provide guidance to users in this
regard in its updated guidance documents.
Public Survey Response
Provide user with ability to filter the petition list
The petitions list page in the MTBPS contains a
page by various columns, e.g., HTS number,
search box in the upper right-hand corner of the
petition ID number, petitioner name.
screen. A user may type any text displayed on the
screen and the list will filter according to the text
criteria entered. Beyond this search and filter
capability, resource constraints do not permit us to
expand them further at this time.

Public Survey Response
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Provide user with ability to print a petition
summary in the same format regardless of
type/make of browser and/or computer used.

The Commission has incorporated this comment.
The capability to print the petition summary will
be enhanced to provide consistent formatting
across different browsers and operating systems.

Public Survey Response
Provide an alert function so the petitioners would While the Commission understands the utility of
be notified if a comment was received on their
this functionality, resource constraints limit our
petition.
ability to include this feature at this time.
Public Survey Response
Permit petitioners to correct filed petitions after
The Act requires the Commission to publish
the close of the petition submission window.
petitions received not later than 30 days after the
close of the petition portal so that members of the
public may comment on those petitions.
Allowing petitioners to correct or otherwise
modify their petitions after the close of the portal
would risk the Commission’s ability to provide an
open and transparent opportunity for public
comment, as well as its ability to meet its
statutory deadlines.
Public Survey Response
Allow a user to claim that the Import Information The Commission has incorporated this comment.
provided in response to question 10 is
Information provided in response to question 10
confidential.
that contains confidential business information ,
as defined in 19 C.F.R. § 201.6 of the
Commission’s Rules of Practice and Procedures,
will be treated as such, and the Commission will
treat confidential business information in
accordance with 19 U.S.C. §1332(g).
Rivian Automotive LLC
Provide an indicator field in the petition to specify The Commission will address this comment in
whether a non-disclosure agreement exists that
forthcoming guidance documents. These guidance
prevents the petitioner from providing more
documents will advise petitioners how they may
evidence that could substantiate the request.
indicate whether there are circumstances beyond
their control that prevent them from providing
additional information.
Rivian Automotive LLC
Of lesser priority, provide an indicator field in the The Commission will address this comment in
petition as to whether the petitioner is currently
updated guidance documents. These documents
operating an active foreign trade zone (FTZ), or
will advise petitioners how they may indicate
currently considering one.
whether they are operating in an active FTZ, or
are currently considering doing so.
Rivian Automotive LLC
The Commission’s 30-day notice of submission to OMB requesting clearance was published in the
Federal Register on July 8, 2019. The notice is also posted on the Commission’s website at
https://www.usitc.gov/mtbpscomments.
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9. Payments or gifts
Participants will not be provided with any payments or gifts for their responses.
10. Assurances of confidentiality
After a user logs in to the portal, he/she must acknowledge and accept the confidentiality provisions.
These provisions provide assurance, in accordance with the confidentiality provision in § 332(g) of the
Tariff Act of 1930 (19 U.S.C. § 1332(g)), that the Commission will not release information that the
Commission considers to be confidential business information 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. The user will be
provided notice, at the time of submission, that the Commission will share the petition information,
including confidential business information, with staff at the Department of Commerce (DOC) and the
U.S Customs and Border Protection (CBP) who are responsible for producing the DOC report mandated
by the Act. In addition, the user will be provided notice that the Commission may use import data
estimates to calculate the annual revenue loss estimate, a figure which will be provided to the Committees
and made publicly available in the Commission’s preliminary and final reports, as the Act requires.
11. Sensitive information
The Commission is not seeking information on issues of a sensitive nature involving persons or firms.
12. Respondents’ projected cost burden
The Commission has reduced the reporting burden on petitioners and commenters by limiting the length
and complexity of the information required. Furthermore, the system requires only responses that the
Commission believes to be readily available from firms’ existing records.
The average reporting burden is estimated to be:
Number of petition entities:
Frequency of response:
Annual burden per respondent:
Total burden for petitioners:

(No.)
(No.)
(hours)
(hours)

7,000
1
8
56,000

These estimates are based on experience and data collected during the first cycle, as well as industry
knowledge. It is estimated that submitting a petition, including time to gather necessary information,
would take approximately 8 hours depending on the size and complexity of the firm. The burden on
individual respondents may vary.
Number of commenting entities:
Frequency of response:
Annual burden per respondent:
Total burden for commenters:

(No.)
(No.)
(hours)
(hours)

5,000
1
2
10,000

These estimates are based on the estimated number of petition submissions, experience, and data collected
during the first cycle, as well as industry knowledge. It is estimated that submitting a comment, including
time to gather necessary information, would take approximately 2 hours depending on the size and
complexity of the firm. The burden on individual respondents may vary.
The Commission has included a notice of the above response burden averages, along with a request that
respondents send comments to the Commission and to OMB.
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The combined annualized cost to all respondents for the estimated hour burdens identified above is as
follows:
Petition:
Comment:
Total Cost:

Cost = 56,000 hours x $68.75* per hour = $3,850,000
Cost = 10,000 hours x $68.75* per hour = $687,500
$4,537,500

*This is the same hourly cost estimate used in item 14 below. The Commission projects that this is an
accurate hourly cost estimate for personnel who will likely complete the petition.
13. Annual public response burden
a. Total capital and start-up cost component: The Commission does not expect any capital and start-up
costs because all information likely already exists in firms’ records storage facilities.
b. Total operation and maintenance and purchase of service component: The Commission does not expect
petitioners will need to purchase any services to complete the petition.
14. Federal change in burden
The estimated total cost to the Federal Government is $5,293,750 as detailed below.
Personnel cost*
Operational costs**
Total cost

= $5,293,750
=$ 0
= $5,293,750

*The hourly figure was approximated by dividing the Commission’s average salary level ($143,000) by
the number of work hours per year (2,080), which is equivalent to an average cost of $68.75 per hour.
Personnel costs include: staff time devoted to enhancement and maintenance of the web portal; updates
to the process and documentation; intake of petitions and comments, analysis and review of the
submissions, and related research; calls to petitioners and commenters from Commission staff to ensure
that the organizations’ petitions and comments are accurate and to clarify any issues; and preparation of
the preliminary and final reports. As noted above, the Commission estimates that it will receive 7,000
petitions and 5,000 comments during the 2019 cycle. Based on this, the Commission estimates
approximately 150 staff will spend a total of 77,000 personnel hours (1,925 personnel weeks) on the
activities described above, which is approximately 100 percent of the total personnel hours the
Commission budgeted for the program.
**The Commission does not estimate that it will incur any operational costs because existing office space,
furniture, and equipment will be used to process the petitions and comments.
15. Program change justification
The Commission currently imposes a burden on firms because the Act requires a process through which
the Commission receives and reports on petitions for temporary duty suspensions and reductions. In 2016,
the Commission estimated 5,000 petitions and 14,000 comments, and it actually received 3,166 petitions
and 2,486 comments. The Commission considered actual 2016 intake in arriving at its 2019 estimates.
The Commission also considered that the majority of the 1,655 provisions enacted as a result of the 2016
process will be sought for renewal in 2019, and that the perceived success of the 2016 process will drive
increased interest and visibility of the program. After weighing these considerations, the Commission has
increased its petition estimate over what was estimated in 2016 (to 7,000 petitions), but decreased its
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estimated number of comments (to 5,000 comments). As a result, the 2019 estimated cost burden to
respondents ($4,537,500) is slightly less than the 2016 estimate ($4,675,000).
16. Project plan and schedule
For the 2019 cycle, the Commission must begin accepting petitions not later than October 15, 2019. The
public then has sixty (60) days to submit their petitions. Thirty (30) days after the expiration of the
submission period, the Commission must publish the petitions it has received that meet the Act’s
requirements. The public has forty-five (45) days from publication of the petitions to comment on those
published petitions. Forty-five (45) days after the close of the comment period, the DOC must submit to
Congress and the Commission its statutorily required report on the petitions. Sixty (60) days after the
DOC report is due, the Commission’s preliminary report is due to Congress and will be published on the
Commission’s website. Not later than sixty (60) days after submission of the preliminary report, the
Commission’s final report is due to the Committees and will be published on the Commission’s website.
The entire process at the Commission is, therefore, approximately 300 days from start to finish. Congress
has expressed a sense that it will consider a miscellaneous tariff bill within ninety (90) days of the
Commission submitting its final report.
17. Non-display of expiration date
Not applicable.
18. Exceptions to certification statement to form OMB 83-I
Not applicable.

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