January 31, 2023

Volume XIII, Number 31


January 30, 2023

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Section 232 Steel and Aluminum Tariffs – Commerce Issues Requirements For Exclusion Requests

In President Trump’s March 8, 2018 proclamations announcing new tariffs on imported steel and aluminum, he directed the Commerce Department to issue procedures within ten days for requests to exclude specific products from the tariffs. Those procedures have now been issued in the form of an interim final rule and provide much clearer direction for affected firms that wish to seek an exclusion.

As expected, Commerce indicated that an exclusion will only be granted if an article is not produced in the United States in a sufficient and reasonably available amount or is not produced in the United States in a satisfactory quality, or for a specific national security consideration.

Exclusion requests are required to be submitted on Commerce’s fillable electronic forms with no more than 25 pages of additional supplementary material. The forms call for detailed information about the requesting party and its dealings in the product for which exclusion is requested, as well as a detailed description of the product itself and the availability of the product from U.S. manufacturers. Requests should clearly identify, and provide support for, the basis upon which exclusion is sought.

Only individuals and organizations using steel or aluminum in business activities (e.g., construction, manufacturing or supplying the product to users) in the United States may submit exclusion requests.

Any individual or organization in the United States may file objections to specific exclusion requests. Both requests and objections will be made available for public review and copying. Objections must be filed no later than 30 days after the related exclusion request is posted.

Exclusion requests may be submitted at any time. Requests will normally be decided within 90 days, including any related objections. Approved exclusions will be effective five days after publication in regulations.gov and generally will be approved for a period of one year. Approved exclusions may be relied upon only by the requesting individual or organization, unless Commerce approves application of the product-based exclusion for additional importers.

© Copyright 2023 Dickinson Wright PLLCNational Law Review, Volume VIII, Number 80

About this Author

Bruce C. Thelen, Dickinson Wright, International business Lawyer, Finance Regulation Attorney

International business and finance in all regions of the world:

  • Export, import, customs and international trade

  • Supply chain compliance and risk management

  • Distribution, marketing and licensing arrangements

  • Establishment of subsidiaries, branch offices and facilities

  • Joint ventures and strategic alliances

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Of Counsel and Cross-Border Business Development Director

Dan is an international trade and customs lawyer who specializes in Canada-United States matters.  In addition to his legal practice, Dan has responsibility for coordinating the firm’s innovative Canada-US Platform where he collaborates with more than 400 Dickinson Wright attorneys who regularly assist businesses that have cross-border issues such as customs and compliance, corporate structuring, M&A, taxation, business immigration, intellectual property protection, and financial incentives.  Dan also provides public policy counsel to governmental officials and...

Brenda C. Swick, Dickinson Wright, Trade Remedies Lawyer, Anti-trust Regulatory Attorney

Ms. Swick's practice focuses on government contracting, anti-trust, regulatory compliance, anti-corruption, export controls and economic sanctions, trade remedies, customs and judicial review of government decisions. She also has a practice in international trade and investment law (including WTO/NAFTA dispute settlement).

The Government of Canada has appointed Ms. Swick as an expert arbitrator under Chapter 19 of the NAFTA. She has also received her Certificate in Public Procurement Law and Practice from Osgoode Hall Law School. Early on in her...