section 232 general approved exclusionssales compensation surveys

or email If this interim final rule were to be delayed to allow for public comment or to provide for a thirty day delay in the date of effectiveness, companies in the United States would be unable to immediately benefit from the improvements made in the exclusion, objection, rebuttal, and surrebuttal process and could face significant economic hardship, which could potentially create a detrimental effect on the general U.S. economy. A native save/share feature is still under discussion. 1 to part 705 is revised to read as follows: On March 8, 2018, the President issued Proclamations 9704 and 9705 concurring with the findings of the January 11, 2018 reports of the Secretary of Commerce on the effects of imports of aluminum and steel mill articles (steel articles) on the national security and determining that adjusting aluminum and steel imports through the imposition of duties is necessary so that their imports will no longer threaten to impair the national security. TUBES/PIPES/HLLW PRFLS IRON/NA STL, SMLESS, CIRC CS, NOT COLD-TRTD, SUITABLE FOR BOILERS ETC, OS DIAM <38.1MM, 7219120071. 1 and 2 to part 705 [Removed]. As a conforming change to a recent U.S. International Trade Commission (ITC) decision, this rule also removes one additional steel GAE. 2 and no. Section 232 Steel and Aluminum Tariff Exclusions Process AGENCY: Bureau of Industry and Security, U.S. Department of Commerce. This may reduce the overall number of 232 exclusion submissions submitted. Other directly-affected individuals or organizations located in the United States that wish to submit an exclusion request for a steel or aluminum product that has already been the subject of an approved exclusion request may submit an exclusion request under this supplement. headings within the legal text of Federal Register documents. TUBING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, OUTSIDE DIAM 9.5 MM, 7229905031. This interim final rule, as described below in the regulatory changes, removes the word distinct before critical in the example Start Printed Page 81064provided under paragraph (c)(2). During the period after the effective date of the change to the HTSUS and before the GAE is updated, ACE will reject entries claiming the exclusion with the new HTSUS number and importers will have to make entry without the exclusion. electronic version on GPOs govinfo.gov. OTH TUBES/PIPES/HOLLOW PRFLS STAINLESS STL, WELDED, CIRC CS, WALL THK <1.65MM, /=600MM, COLD-RLD, NOT CLAD/PLATED/COATED, NOT COILS, THK 0.5-1MM, 7219900060. 2. Commerce has also made internal process changes specific to the timing of data runs to ensure that the baseline date used for determining new GAEs is as close as possible to when any subsequent rule that adds or revises the GAEs is published. 1042-0220 Document Type Publications Document Posting Date Thu, 06/15/2023 - 12:00 CBP is posting the active Section 232 product exclusions in ACE on a weekly basis. 2 and no. Unlike exclusion requests, GAEs do not include quantity limits. BIS response: Commerce believes the information required on the objection form, surrebuttal form as applicable, and the criteria in paragraph (d) to supplement no. Commerce understands the importance of having a transparent, fair, and efficient product exclusion request process, consistent with the directive provided by the President to create this type of process to mitigate any unintended consequences of imposing the tariffs on steel and aluminum in order to protect critical U.S. national security interests. 2 and no. that agencies use to create their documents. In the introductory text of paragraph (c)(6), this rule revises the criteria to clarify that an objector must be able to provide the steel or aluminum by a date earlier than the time required for the requester to obtain the entire quantity of the product from the requester's foreign supplier, instead of being strictly limited to producing it within eight weeks. Another commenter noted that the Secretary and others at Commerce have repeatedly denied associations the ability to submit exclusion requests on behalf of their industries for widely used goods, because Commerce sought to identify those products receiving the most requests. This commenter believes the current rejection form leaves manufacturers guessing as to why the government rejected their applications, especially when that business for years used the identical HTSUS code accepted by U.S. Customs and Border Protection (CBP) to import that product. Comment (g)(4): Allow extensions of time when 232 Exclusions Portal is not accessible. The Secretary is also authorized to provide such relief based upon specific national security considerations. Any comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, may be sent to https://www.reginfo.gov/public/do/PRAMain. 3 to part 705 to read as follows: This supplement identifies aluminum articles that have been approved for import under a General Approved Exclusion (GAE). ALUMINUM WIRE ALLOY, MAXIMUM CROSS-SECTIONAL DIMENSION 0.25MM BUT 0.2MM, RECTANGULAR (INCLUDING SQUARE), NOT ALLOYED, CLAD, 7605290000. Federal Register provide legal notice to the public and judicial notice As another steel example, if a U.S. business activity requires that steel tubing to be provided must meet certain Food and Drug Administration (FDA) approvals to be used in medical devices, that requirement would be taken into account when reviewing the exclusion request and any objections, rebuttals, and surrebuttals submitted. Incomplete submissions now receive a rejection notification that includes the specific reasons for a rejection. BIS response: To the extent there has been an increase in delivery times related to the tariffs, importers seeking exclusions can always import the article and pay the tariffs while their exclusion requests are pending. The exclusion review criterion Not produced in the United States in a sufficient and reasonably available amount means that the amount that is needed by the end user requesting the exclusion is not available immediately in the United States to meet its specified business activities. Because a notice of proposed rulemaking and an opportunity for prior public comment are not required for this rule by 5 U.S.C. These removals are estimated to result in a twenty percent reduction in the burden and costs savings described in the December 14 rule. Companies may also file Post-Summary Corrections with CBP on unliquidated entries to recoup any tariffs paid on products that made entry between the submission date and the date of signature. As an additional conforming change related to the removal of references to www.regulations.gov,, this rule removes Annex 1 to Supplements No. In reviewing the exclusion request to make a final determination, Commerce takes into account information provided in the rebuttal to evaluate whether the objector can produce the article in sufficient quantity and quality, and within the time specified in the criteria in paragraph (d) of supplement no. In addition . Comment (a)(2): Exclusion rejection for incomplete submissions should be more transparent. FLAT-ROLLED STAINLESS STL, THICKNESS >/=4.75MM BUT <10MM, WIDTH >/=600MM BUT <1575MM, HOT-RLD, NOT COILS, THK 4.75-10MM, >0.5% NICKEL, 7222403085. This interim final rule revises paragraph (c)(5) (Substance of exclusion requests) by redesignating the existing text of paragraph (c)(5) as a new paragraph (c)(5)(i). In order to use a GAE, the importer must reference the GAE identifier in the Automated Commercial Environment (ACE) system that corresponds to the aluminum articles being imported. The name of the form used for submitting surrebuttals to steel objections is Surrebuttal to Rebuttal Received on Section 232 Objection: Steel. FLAT-ROLLED STAINLESS STL, WDTH >/= 600MM, NFW THAN COLD-RLD (COLD-REDUCED), THK >/= 4.75MM, COILS, 7304598045. the current document as it appeared on Public Inspection on 1 by removing various references to www.regulations.gov and all text that was previously needed in supplement no. Any individual or organization that manufactures steel or aluminum articles in the United States may file objections to steel exclusion requests, but the U.S. Department of Commerce will only consider information directly related to the submitted exclusion request that is the subject of the objection. 553(a)(1)). BIS response: Commerce does not agree that the objection form, or the rebuttal or surrebuttal form need to be updated to address this commenter's concern. Commerce is focused on improving the 232 exclusions process as quickly as possible. When Commerce added supplements nos. As described below, Commerce has made internal process changes to ensure that the rulemaking process for all future rules adding new GAEs will include review immediately prior to publication for any new rule adding additional GAEs. That said, making changes to the duties being imposed and/or quotas implemented are outside the scope of this rule. 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. (a) Scope. Many commenters referenced the imposition of duties and quantitative limitations, questioning whether or not such regulations were beneficial. 1. Procedures for Submitting Requests for Expedited Relief from Quantitative LimitsExisting Contract: Section 232 National Security Investigations of Steel Imports (OMB control number 0694-0140). 5, Part 2. a. ALUMINUM ALLOY BARS AND RODS, OTHER THAN ROUND CROSS SECTION, OTHER THAN HEAT-TREATABLE INDUSTRIAL ALLOYS OF A KIND DESCRIBED IN NOTES 5 & 6 OF THIS CHAPTER. What is the steel or aluminum companies' current manufacturing capacity and timeframe for ramping up if they currently do not have the capacity?. BIS response: Commerce sees the benefit of adopting the same type of approach as used under the Section 301 process. This supplement identifies the time periods for such submissions, the methods of submission, and the information that must be included in such submissions. Commerce is continuing to evaluate these comments and may implement additional changes to further improve the 232 Exclusions Portal at a later date. 3 specifies that if there are any discrepancies between the list of the HTSUS Classifications in the GAE List and the HTSUS Classifications identified by the ITC in the Harmonized Tariff Schedule of the United States and the associated Change Records, the ITC's list of HTSUS Classifications shall be controlling. The U.S. Department of Commerce, in consultation with the other parts of the U.S. Government as warranted, can consider other impacts to U.S. national security that may result from not approving an exclusion, e.g., the unintended impacts that may occur in other downstream industries using steel, but in such cases the demonstrated concern with U.S. national security would need to be tangible and clearly explained and ultimately determined by the U.S. Government.

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