The Commerce Department has recently issued procedures for exclusion requests from the newly imposed tariffs on imported steel and aluminum. These tariffs were announced by President Trump on March 8, 2018, and the Commerce Department was directed to issue procedures for requesting exclusions within ten days of the announcement.
The new procedures have been released in the form of an interim final rule, providing much-needed clarity for affected firms seeking exclusion. The Commerce Department has stated that exclusions will only be granted if the article in question is not produced in the United States in a sufficient and reasonably available amount, or if it is not produced in the United States in a satisfactory quality. Additionally, exclusions may be granted for specific national security considerations.
To request an exclusion, firms must submit their request on Commerce’s fillable electronic forms. Supplementary material may also be submitted, but it must not exceed 25 pages.
These new procedures are crucial for firms impacted by the tariffs, as they provide a clear path for seeking exclusions and ensure that the United States is not adversely affected by a lack of domestic production. As the situation continues to develop, it is important for affected firms to stay up-to-date on any changes to the exclusion request procedures.