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Procedures for Excluding Tariffed Products Posted

Companies looking to bypass the Trump tariffs on steel and aluminum now have a limited opportunity to request exclusions for metal products used in their industry.

March 19, 2018

Companies looking to bypass the Trump tariffs on steel and aluminum now have a limited opportunity to request exclusions for metal products used in their industry.

The U.S. Department of Commerce today posted on its website and in Monday's Federal Register its Requirements for Submissions Requesting Exclusions From the Remedies Instituted in Presidential Proclamations Adjusting Imports of Steel Into the United States and Adjusting Imports of Aluminum Into the United States; and the Filing of Objections to Submitted Exclusion Requests for Steel and Aluminum .

Last Friday, the Wall Street Journal reported that only U.S.-based individuals and organization would be eligible to apply for an exemption, but today's Commerce.gov release clearly states, "Any individual or organization in the United States may file objections to steel or aluminum exclusion requests, but the Commerce Department will only consider information directly related to the submitted exclusion request that is the subject of the objection."

For the next 30 days, individuals or organizations using steel or aluminum articles identified in Presidential Proclamations 9704 for aluminum and 9705 for steel have the opportunity comment and/or request exemption from the tariffs. Exclusion requests will be posted for a 30-day comment period on regulations.gov.

If a tariff exclusion is granted, it will last only one year. Commerce Secretary Wilbur Ross is set to answer questions about the tariffs at a public House committee hearing Thursday.

Both the exclusion requests and objection filings will be available for public viewing on regulations.gov. Processing of exclusion requests normally will not exceed 90 days, including adjudication of objections submitted on exclusion requests.

On Friday, the European Union published its retaliation plan, listing 10 pages of American products that could carry tariffs if the U.S. does not exclude the 28-member group.

The list ranges from flat-rolled iron products to motorcycles to men's underwear. The EU estimates $3.4 billion worth of import taxes would be collected if they chose to enforce their own trade tariff retaliation.

For questions concerning the exclusion process, contact steel232@bis.doc.gov or 202-482-5642 for steel-related queries and aluminum232@bis.doc.gov or 202-482-4757 for aluminum-related queries.

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