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U.S. Commerce Department rules for exclusion request rebuttals

U.S. Commerce rules for exclusion request rebuttals

The U.S. Commerce Department has published the process for requesting exclusions from the “section 232” tariffs on steel and aluminum imported into the United States.

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The Bureau of Industry and Security (BIS) released an interim final rule concerning submissions of exclusion requests and objections to submitted requests for aluminum and steel imports. As noted in the interim final rule, public comments and BIS feedback on the high volume of exclusion requests warranted further changes to streamline the exclusion request processing. The most recent update is intended to clarify the criteria the government will consider for granting or denying a tariff exclusion request. Read TradeNewsFlash

Currently, BIS evaluates each exclusion request to see if an item meets any of the following criterion:  (1) the article is not produced in the United States in a sufficient and reasonably available amount; (2) the article is not produced in the United States in a satisfactory quality, or (3) for specific national security considerations.

Under the new rules available on the Commerce website, a person making an exclusion request will be able to respond to any objections by submitting:

  • Rebuttals to objections—BIS states “the most effective rebuttals will be those that aim to correct factual errors or misunderstandings in the objection(s).”
  • Surrebuttals to rebuttals—filed within seven days of the rebuttal posting

Any open or pending exclusion requests will be “grandfathered” into the new process for submitting rebuttals and/or surrebuttals.  The Commerce Department is accepting comments on the new “interim final rule” for the section 232 exclusion process until 13 November 2018.

 

For more information on this topic or to learn more about KPMG’s Trade & Customs Services, contact:

Doug Zuvich
Partner, Global Practice Leader
T: 312-665-1022
E: dzuvich@kpmg.com

Andy Siciliano
Partner, National Practice Leader
T: 631-425-6057
E: asiciliano@kpmg.com

Irina Vaysfeld
Principal
T: 212-872-2973
E: ivaysfeld@kpmg.com

Robert Waldrop
Principal
T: 212-954-8117 
E: rwaldrop@kpmg.com

Christopher Young
Principal
T: 312-665-3229
E: christopheryoung@kpmg.com

George Zaharatos
Principal
T: 404-222-3292
E: gzaharatos@kpmg.com

John L. McLoughlin
Principal, East Coast Leader
T: 267-256-2614
E: jlmcloughlin@kpmg.com

Luis (Lou) Abad
Principal, WNT
T: 212-954-3094
E: labad@kpmg.com

Amie Ahanchian
Managing Director
T: 202-533-3247
E: aahanchian@kpmg.com

Gisele Belotto
Managing Director
T: 305-913-2779
E: gbelotto@kpmg.com

Andy Doornaert
Managing Director
T: 313-230-3080
E: adoornaert@kpmg.com

Jessica Libby
Managing Director
T: 612-305-5533
E: jlibby@kpmg.com

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