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.
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