The Bureau of Industry and Security has announced the process for individuals and organizations to request exclusions from the additional tariffs President Trump recently ordered on imports of steel and aluminum. The tariffs of 25 percent and 10 percent, respectively, are scheduled to take effect March 23. Comments on this process are due no later than May 18.
Who may request. Only individuals or organizations using the affected steel or aluminum articles in business activities (e.g., construction, manufacturing, or supplying steel product or aluminum product to users) in the U.S. may submit exclusion requests. Any individual or organization in the U.S. may file objections to exclusion requests.
Timeline. Exclusion requests may be submitted at any time and the review period normally will not exceed 90 days.
Criteria for exclusions. An exclusion will only be granted if an article is not produced in the U.S. in a sufficient and reasonably available amount or in a satisfactory quality, or for a specific national security consideration.
Scope of exclusions. Approved exclusions will be made on a product basis and will be limited to the individual or organization that submitted the request unless BIS approves a broader application to additional importers. Other individuals or organizations that wish to submit an exclusion request for a product already approved for exclusion may do so. In addition, exclusion requests may be submitted even if a previous request for the same product was denied or is no longer valid.
Approved exclusions will be effective five business days after publication of the BIS response on regulations.gov and will generally be approved for one year.
BIS notes that the process set forth in these regulations is separate from the process by which countries may seek exemptions.
For more information on the format and approach needed to request steel and aluminum tariff exclusions, please contact Nicole Bivens Collinson at (202) 730-4956 or Kristen Smith at (202) 730-4965. ST&R will also be conducting a webinar on this topic March 26.