Steel and Aluminum Tariff Exclusion Process Clarified by DOC

Washington, DC (April 10, 2018) — The U.S. Department of Commerce (DOC) has published procedures for excluding products from the recently announced tariffs on steel and aluminum product imports. As directed by President Trump, the department has published the procedures in the Federal Register and has started accepting exclusion requests from U.S. industry.

“These procedures will allow the administration to further hone these tariffs to ensure they protect our national security while also minimizing undue impact on downstream American industries,” said DOC Secretary Wilbur Ross.

“Starting [March 19], domestic industry will be able to apply for exclusions through a fair and transparent process run through Commerce’s Bureau of Industry and Security.”

Ross, in consultation with other administration officials, will evaluate exclusion requests, taking into account national security considerations. In that evaluation, the secretary will consider whether a product is produced in the U.S. of a satisfactory quality or in a sufficient and reasonably available amount. A single response to each exclusion request will be posted on regulations.gov. Separate exclusion requests must be submitted for each unique steel or aluminum product import. For an exclusion request to be considered, those making the request must provide a full factual description of the specific product, its properties, and its quantity.

In addition, any individual or organization in the U.S. may file objections to steel or aluminum exclusion requests, but the Commerce Department will only consider information directly related to the submitted exclusion request that is the subject of the objection.

Organizations submitting an objection on an exclusion request should provide specific details on the product that is comparable to the steel or aluminum product that is the subject of the exclusion request. Organizations filing an objection should also provide factual information on the production capabilities at steel or aluminum manufacturing facilities that they operate in the U.S.; the availability and delivery time of the products that they manufacture relative to the specific steel or aluminum product that is subject to an exclusion request; and discussion on the suitability of its product for the application or applications identified by the exclusion requestor. Both the exclusion requests and objection filings will be available for public viewing on regulations.gov.

Processing of requests normally will not exceed 90 days, including adjudication of objections submitted. The forms for submitting steel and aluminum exclusion requests, and objections to specific requests, are available on regulations.

gov. The steel docket number is BIS-2018-0006 and the aluminum docket number is BIS-2018-0002.

Copies of the forms and additional information on the process will be available at bis.doc.gov/index.php/232-steel and bis.doc.gov/index.php/232-aluminum.

Questions regarding the exclusion process may be directed at

or 202/482-5642 for steel-related inquires. For aluminum questions, contact

or 202/482-4757.

On March 8, President Trump exercised his authority under Section 232 of the Trade Expansion Act of 1962 to impose a 25% tariff on steel imports and a 10% tariff on aluminum imports, with exemptions for Canada and Mexico. The president’s 232 decisions are the result of investigations led by DOC after review and comment by other relevant federal agencies. Customs and Border Protection began collecting the tariffs March 23.

In his proclamation establishing the tariffs under Section 232, Trump authorized the secretary of commerce to provide relief from the additional duties for any steel or aluminum products determined not to be produced in the United States in a sufficient and reasonably available amount, or of a satisfactory quality. Relief is also authorized based on specific national security considerations. Such relief shall be provided for products only after a request for exclusion is made by a directly affected party located in the United States.