Over the last two years there have been many challenges and complaints about the Section 232 trade remedy exclusion process applied to aluminum and steel articles. At this time the Department of Commerce Bureau of Industry and Security (BIS) is soliciting comments regarding the appropriateness of the information requested and considered in applying the exclusion criteria, and the efficiency and transparency of the process employed.
Comments are due by July 10, 2020 and may be made via the regulations.gov Federal rulemaking portal using docket number BIS-2020-0012. If submitting comments via email, the reference RIN 0694-XC058 needs to be included in the subject line of the email and within the comments.
The request was published on May 26, 2020 in Federal Register notice 85 CFR 31441. The notice provides many suggestions for topics for which comments are requested. Now is the time to provide your thoughts and suggestions regarding this challenging issue.
As a reminder, if you are importing articles subject to the Section 232 duties, it is vital that you keep your Schenker brokerage branch updated on the availability of exclusions with specific instructions as to which exclusion applies to which material. As exclusions become inactive due to fulfillment of the permitted quantity or expiration of the time limit, the brokerage staff needs to be aware of new exclusions or the recognition that the additional duties are applicable. It is important that you track each exclusion and the quantities claimed on each customs entry to monitor your running total against the permitted quantity.
Please contact your Schenker representative if you have questions.