(a) In general. The article description in the petition shall be provided in a format appropriate to be included in the amendment to chapter 99 of the HTS and shall include language that:

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(1) Describes a specific class or kind of imported merchandise and provides any other information needed to distinguish the covered products from other goods;

(2) Is suitable for incorporation in the HTS in the column entitled “Article Description” for each tariff heading in HTS chapter 99 that affords a temporary duty suspension or reduction;

(3) Describes covered products in their condition as imported, based primarily upon the goods’ discernible physical characteristics at the time of importation;

(4) Is sufficiently clear as to be administrable by CBP; and

(5) Is otherwise required by this part or accomplishes the purposes of the Act.

(b) Article descriptions that are not recommended. The Commission will generally consider proposed article descriptions containing the following kinds of information or criteria as preventing the relevant petition from being recommended for inclusion in a miscellaneous tariff bill, unless input received from the U.S. Department of Commerce (Commerce) or CBP provides a basis for the Commission’s analysis under the Act:

(1) “Actual use” or “chief use” criteria;

(2) Trade-marked or similarly protected terms or names, brand names, proprietary names, part numbers, or other company-specific names;

(3) Language—

(i) Describing goods that are illegal to import, where the petitioner is not a government entity;

(ii) Describing goods that are covered by tariff-rate quota provisions; or

(iii) Seeking to alter the tariff treatment provided in subchapter III or IV of chapter 99 of the HTS; or

(4) An HTS subheading number(s) that would alter or attempt to alter the classification of the product in chapters 1 through 97 of the HTS.