2. (4) Form required for submitting surrebuttals. (3) Substance of surrebuttals. Comment (c)(1): Standard Commerce applies to exclusion requests remains unclearneed to specify whether in aggregate or for a specific requester. This commenter noted that the current system provides an incentive for entities seeking exclusions to submit them over and over again with only minor modifications in an attempt to overwhelm domestic producers so that domestic interests fail to file objections because there are simply too many requests or they believe an objection to have already been filed. Secure .gov websites use HTTPS For more information, you can also refer to the links below: The Section 232 penalties are listed under HS codes 9903.80.01 and 9903.80.02. https://www.cbp.gov/sites/default/files/assets/documents/2018-Oct/Section301_HTSUS_Ref-Guide_Oct2-2018.pdf, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038801.xlsx, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038802.xlsx, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038803.xlsx, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038804.xlsx, https://www.govinfo.gov/content/pkg/FR-2018-12-28/pdf/2018-28277.pdf, https://ustr.gov/sites/default/files/enforcement/301Investigations/84_FR_11152.pdf, https://www.govinfo.gov/content/pkg/FR-2019-04-18/pdf/2019-07758.pdf, https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions_05.09.19.pdf, https://csms.cbp.gov/viewmssg.asp?Recid=24282&page=&srch_argv=19-000289&srchtype=all&btype=&sortby=&sby=, https://www.govinfo.gov/content/pkg/FR-2019-07-09/pdf/2019-14562.pdf, https://www.federalregister.gov/documents/2019/07/31/2019-16256/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer, https://www.federalregister.gov/documents/2019/08/07/2019-16886/product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer-intellectual, https://hts.usitc.gov/view/Chapter%2099?release=2019HTSARev10, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038805-Exemptions.xlsx, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038806-Exemptions.xlsx, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038807-Exemptions.xlsx, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038808-Exemptions.xlsx, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038810-Exemptions.xlsx, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038811-Exemptions.xlsx, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038812-Exemptions.xlsx, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038813-Exemptions.xlsx, https://syslp.customsinfo.com/Sections/Home/Download/Sec232-SteelAlum.xlsx, https://www.cbp.gov/trade/programs-administration/entry-summary/232-tariffs-aluminum-and-steel/faqs, https://www.whitehouse.gov/presidential-actions/presidential-proclamation-adjusting-imports-steel-united-states/, US Section 301 and 232 Duties 20190806.pdf. (ii) Streamlined review process for No Objection requests. The length of time for decisions under the 232 exclusions process is a concern for many entities, including Commerce. ROUND WIRE OTHER ALLOY STL, DIAM <1.0MM, 7215500018. . Personally identifiable information, including social security numbers and employer identification numbers, should not be provided. The most effective rebuttals will be those that aim to correct factual errors or misunderstandings in the objection(s). Interagency Convening on Equitable Economic Growth, Workforce Development - Employer Practices, HAVANA Act - Authorized Payment Frequently Asked Questions. Active Section 232 Product Exclusions in ACE, An official website of the U.S. Department of Homeland Security. BIS response: Commerce agrees this should be clarified in the regulations and makes changes to paragraph (c)(6)(i), as described below, to address this issue. This commenter noted that greater specificity was needed in the approved exclusions. This rule is not expected to increase the burden hours for two of the collections associated with this rule, OMB control numbers 0694-0138, 0694-0141 as minimal changes are anticipated. BIS response: As noted above, Commerce is reviewing the issue of the volume of articles subject to exclusion requests and objections and will address this issue in a subsequent IFR. The revisions to the exclusion request process are informed by the comments received in response to the March 19 rule and Commerce's experience with managing the 232 exclusions process. Commerce agrees that providing this additional information will make the process more efficient, because those receiving rejections will more easily understand what was wrong with their exclusion request that resulted in a rejection. 1 to part 705 that it is a criminal offense to willfully make a false statement or representation to any department or agency of the United States Government as to any matter within its jurisdiction [18 U.S.C. The name of the form used for submitting rebuttals to aluminum objections is Rebuttal to Objection Received for Section 232 Exclusion Request: Aluminum. An official website of the United States government. that agencies use to create their documents. GAEs do not include quantity limits. On March 8, 2018, President Trump issued Proclamations 9704 and 9705, imposing duties on imports of aluminum and steel. Administrative practice and procedure, Business and industry, Classified information, Confidential business information, Imports, Investigations, National security. Comment (e)(1): September 11 rule defining what was meant by available immediately was a positive step that improved the 232 process. The documents posted on this site are XML renditions of published Federal WIRE IRON/NONALLOY STL, PLATED/COATED, >0.25% BUT <0.6% CARBON, 7220125000. Relief is only available to steel articles that are entered for consumption, or withdrawn from warehouse for consumption, on or after the effective date of a GAE included in supplement no. Official websites use .gov (B) For CBI related to rebuttals or surrebuttals, on the same day that you submit your 232 submission in the 232 Exclusions Portal, submit the CBI via email to the U.S. Department of Commerce. WIRE, IRON OR NONALLOY STEEL, COATED WITH PLASTICS, 7219110030. 601 et seq., are not applicable. Exclusions: The United States will maintain its exclusions process, as implemented under Section 232 of the Trade Expansion Act of 1962, available for steel products imported from the EU, but will not count imports of excluded steel products from the EU against the TRQ. 1 and 2, since this guidance is no longer needed with this rule's removal of references to www.regulations.gov from the 232 exclusions process. Starting on that date, the requester will be able to rely upon the approved exclusion request in calculating the duties owed on the product imported in accordance with the terms listed in the approved exclusion request. Supporting attachments must be emailed as PDF documents. ALUMINUM ALLOY PROFILES OTHER THAN HOLLOW PROFILES OF HEAT-TREATABLE INDUSTRIAL ALLOYS OF A KIND DESCRIBED IN NOTE 6 TO THIS CHAPTER, 7606116000. Supplement No. The surrebuttal period ends seven days after the surrebuttal comment period is opened. This search engine allows you to search by an 8-digit HTS Subheading to obtain information about a proposed or ongoing Section 301 tariff action. 3 to part 705. FLAT-ROLLED OTH ALLOY STL, WDTH <600MM, ELECTROLYTICALLY PLATD/COATD W/ZINC, NOT GRAIN ORIENTED, NOT OF HIGH-SPEED STEEL, FURTHER WORKED THAN HOT-ROLLED OR COLD-ROLLED, 7225506000. For comments submitted electronically containing business confidential information, the file name of the business confidential version should begin with the characters BC. Any page containing business confidential information must be clearly marked BUSINESS CONFIDENTIAL on the top of that page. 99 code: 9903.88.12:https://www.federalregister.gov/documents/2019/07/31/2019-16256/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer. CAMMU Letter to Biden Administration re: 232 Tariffs June 9, 2021. As noted above, exclusion requesters and objectors can indicate they have CBI and Commerce reviewers can request that information if needed for review. Under the TRQ arrangement, historically-based volumes of EU steel and aluminum products would enter the U.S. market without the application of Section 232 tariffs to meet the demands of downstream users. See the link below: ( As of Aug 7th, this PDF was not updated for the latest exemption and note )https://hts.usitc.gov/view/Chapter%2099?release=2019HTSARev10, https://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038805-Exemptions.xlsxhttps://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038806-Exemptions.xlsxhttps://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038807-Exemptions.xlsxhttps://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038808-Exemptions.xlsxhttps://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038810-Exemptions.xlsxhttps://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038811-Exemptions.xlsxhttps://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038812-Exemptions.xlsxhttps://syslp.customsinfo.com/Sections/Home/Download/Sec301-99038813-Exemptions.xlsx. 1 to this part. These legitimate business reasons are loss of contract(s); business downturns; or other factors that were beyond the organization's control that directly resulted in less need for steel or aluminum articles. For example, if the aluminum included in an exclusion request is needed by a U.S. defense contractor for making critical items for use in a military weapons platform for the U.S. Department of Defense, and the duty or quantitative limitation will prevent the military weapons platform from being produced, the exclusion will likely be granted. Commerce does agree that for certain steel and aluminum articles, a more efficient approval mechanism is warranted and that the approval should be universal. A commenter encouraged Commerce to implement a method similar to that of the Section 301 exclusion process for the Section 232 exclusion request process, allowing parties to submit both public and confidential versions of the exclusion request form. BIS does review objections (and rebuttals/surrebuttals) for completeness, but a rejection is rare for these filings in the 232 Exclusions Portal. Another commenter requested allowing users to refresh the portal without resetting the filters. [FR Doc. 99 code: 9903.88.13:https://www.federalregister.gov/documents/2019/08/07/2019-16886/product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer-intellectual. 2 to Part 705General Approved Exclusions (GAEs) for Steel Articles Under the 232 Exclusions Process, and a new Supplement No. Commerce is reviewing this issue to determine whether there is an approach to factor volumes requested and objected to in an objective, transparent, and efficient way. Commerce added the rebuttal process, as well as the surrebuttal process, to allow requesters and objectors to further address the representations made in objections and rebuttals. There is some significant overlap among those comments and comments received in response to the May 26 notice, so the revisions to the 232 exclusions process described below will also be responsive to some of the same comments received in response to the May 26 notice.
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