Commerce Department Announces Procedures for Companies to Request Exclusions From Recent Steel and Aluminum Tariffs

Author: Thomas B. McVey

On March 19, 2018 the Commerce Department (“Commerce”) published procedures for private companies to seek exclusions from the recent steel and aluminum tariffs imposed by President Trump under the Administration’s national security investigation under §232 of the Trade Expansion Act.1 Under these procedures, companies may request to be exempt from the new tariffs if they meet the standards for exclusion set forth in the release. The procedures also permit private parties to submit objections to exclusion requests submitted by other parties. The procedures were set out in an Interim Final Rule published in the Federal Register (the “Rule”) that amends Commerce’s National Security Industrial Base Regulations. A summary of the new procedures as set forth in the Rule is as follows:

  • Types of Submissions. There are three types of submissions contemplated under the Rule: (i) requests for tariff exclusions; (ii) objections to requests for tariff exclusions filed by other parties; and (iii) comments on the Rule.
  • Who Can Submit Exclusion Requests: Individuals or organizations using steel articles identified in Presidential Proclamation 9705 or aluminum articles identified in Proclamation 9704 in business activities in the U.S. (e.g., construction, manufacturing, or supplying steel/aluminum product to users) may submit exclusion requests.

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