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Steel and Aluminum Tariffs Updates: Request Exclusion Process.

On March 19, 2018, U.S. Department of Commerce (DoC) has announced the exclusion process  to the upcoming additional duty for steel and aluminum. The DoC published the procedures in the Federal Register.

Overview of the Request Exclusion Process:

  • Only companies and individuals using the affected products in their business activities can apply for the exclusion (ex: construction firms, manufacturing, etc.);
  • Request must be submitted electronically on the appropriate  steel and  aluminum forms with supporting records uploaded as a PDF file; 
  • Review period should not exceed 90 days; 
  • Any company or individual can file an objection to any exclusion request within 30 days after the request is posted;
  • The request will only be granted if the product is not available in the US market in sufficient quantity or acceptable quality; 
  • Approvals will be made on a product basis, and will be limited to the company or individual that submitted the request.  It will not automatically apply to additional companies importing the same product, although Bureau of Industry and Security & Department of Commerce can choose to extend the exclusion to other companies;
  • Approved exclusions will be effective 5 days after publication on regulations.gov and will generally be valid for one year;
  • It isn’t clear if the tariffs would be refunded for prior shipments if a company is granted an exclusion afterward;
  • According to the Wall Street Journal, The Commerce Department has indicated that they do not want to exclude many products. Instead they would rather the U.S. metals industry should increase production to supply any needed products;
  • This is separate from the process allowing countries to request exclusions;

 

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