Section 232 of the Trade Act authorizes the President to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security.
On March 23, 2018, President Trump authorized 25% tariffs on certain imported steel and 10% tariffs on certain aluminum products. Only Canada, Mexico, Korea, Australia and the European Union are currently excluded from the order.
On March 19, 2018, the U.S. Department of Commerce published the procedures to request exclusion from the steel tariffs in the Federal Register (Vol. 83, No. 53, 12106-12112).
What is the process for applying for an exclusion?
Only individuals or organizations using steel or aluminum articles identified in Presidential Proclamations 9704 and 9705 and engaged in business activities in the United States may submit exclusion requests. Exclusion requests will be posted for a 30-day comment period on regulations.gov. Both the exclusion requests and objection filings will be available for public viewing on regulations.gov. Processing of exclusion requests normally will not exceed 90 days, including adjudication of objections submitted on exclusion requests.
What information is required?
Separate exclusion requests must be submitted for each unique steel or aluminum product import. For an exclusion request to be considered, the requester must provide a full factual description of the specific product, its properties, and its quantity.
Can a company object?
Yes -- Any individual or organization in the United States 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 filing on an exclusion request should provide specific information on the product that their company can provide that is comparable to the steel or aluminum product that is the subject of the exclusion request.
Where do I get the forms?
The forms for submitting steel and aluminum exclusion requests, and objections to specific exclusion requests, are available on regulations.gov on March 19, 2018, at 8:45 AM. 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 exclusion process is available at https://www.bis.doc.gov/index.php/232-steel and https://www.bis.doc.gov/index.php/232-aluminum.
If you would like to receive more guidance in this complex process, please contact ArDEC at firstname.lastname@example.org and we will connect you with a specialist who can assist you further.