Two U.S. presidential proclamations concerning the “section 232” customs actions on imports into the United States of aluminum and steel were released today for publication in the Federal Register.
In general, these presidential proclamations—Proc. 9776 [PDF 242 KB] and Proc. 9777 [PDF 257 KB]—authorize relief from the “quantitative limitations” applicable to certain aluminum and steel articles that are described under specific subheadings of the Harmonized Tariff Schedule of the United States (HTSUS). Specifically, the relief is provided if the identified aluminum or steel articles are determined not to be produced in the United States “in a sufficient and reasonably available amount or of a satisfactory quality.”
Relief is also available based upon specific national security considerations. Relief is to be provided for an aluminum or a steel article only after a request for relief is made by a “directly affected party” located in the United States. The proclamations provide further that relief may be provided to directly affected parties on a party-by-party basis taking into account the regional availability of particular articles, the ability to transport articles within the United States, and any other factors as deemed appropriate.
If it is determined that relief is to be granted to a requesting party for the importation of a particular aluminum or steel article, this determination is to be publicly posted and U.S. Customs and Border Protection (CBP) is to exclude the article from the applicable quantitative limitation. Relief granted under this provision will apply only to an article entered for consumption, or withdrawn from warehouse for consumption, on or after the date when the request for relief is granted.
For more information on this topic or to learn more about KPMG’s Trade & Customs Services, contact:
John L. McLoughlin
Luis (Lou) Abad
<p>© 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.</p> <p>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.</p>
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.