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What You Need to Know About the Temporary Duty Suspension Process Act of 2012

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On March 30, 2012, Congress once again began the process of working on passing a miscellaneous tariff bill (MTB). The process commenced with the announcement by the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee for Members of Congress to introduce tariff modification legislation to be considered by April 30, 2012. However, due to the overwhelming requests by Members, the deadline was pushed to May 16, 2012. The public comment period began on May 24th and was open until June 22, 2012.

The last few MTB cycles have been complicated by the politics surrounding the definition of an earmark. In the spring of 2010, Congress declared a ban on all earmarks, and included within the definition of an earmark the term "limited tariff benefit." Due to this language within the Earmark Disclosure Rules, many members of Congress have declined to introduce tariff modification legislation because of the concern that it may be perceived as an earmark. This has complicated the process for many companies seeking to receive a temporary suspension or duty reduction, which is critical for many manufacturers to remain globally competitive.

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Published In: Administrative Law Updates, Election & Politics Law Updates, International Law & Trade Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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