An interim final rule from the U.S. Commerce Department’s Bureau of Industry and Security (BIS), published in today’s edition of the Federal Register, concerns requests for exclusions from the tariffs being imposed on certain imports of steel and aluminum into the United States.
The interim final rule [PDF 264 KB] amends U.S. regulations on the national security industrial base to add two new supplements that set forth the process for how parties in the United States may submit requests for exclusions from actions taken by the president (‘‘exclusion requests’’) to protect national security from threats resulting from imports of specified articles. The new supplements also set forth the requirements and process for how parties in the United States may submit objections to the granting of an exclusion request.
The supplements are being added to implement two presidential proclamations (March 2018) concerning imports of steel and aluminum by imposing duties so that imports of steel articles and aluminum articles “will no longer threaten to impair the national security.” The tariffs are being imposed following investigations under section 232 of the Trade Expansion Act of 1962 of the effect of imports of steel and aluminum on the national security of the United States. The proclamations authorize the Commerce Secretary to grant exclusions from the duties upon request of affected parties if the steel or aluminum articles are determined not to be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality or based upon specific national security considerations. The president directed the Secretary to promulgate regulations to set forth the procedures for an exclusion process.
The interim final rule is effective March 19, 2018. Comments on this interim final rule must be received by BIS no later than May 18, 2018.
For more information, contact a professional with KPMG’s Trade & Customs practice:
Douglas Zuvich | +1 (312) 665-1022 | firstname.lastname@example.org
Andrew Siciliano | +1 (631) 425-6057 | email@example.com
© 2018 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.
KPMG International Cooperative (“KPMG International”) is a Swiss entity. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.
The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.