U.S. proposed rule: Revisions of the Section 232 steel and aluminum tariff exclusions process

Process for requesting exclusions from the duties and quantitative limitations on imports of aluminum and steel

Process for requesting exclusions from the duties and quantitative limitations

The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce today released for publication in the Federal Register a proposed rule [PDF 350 KB] (45 pages) that revises the process for requesting exclusions from the duties and quantitative limitations on imports of aluminum and steel discussed in previous BIS interim final rules implementing the exclusion process authorized by the president under Section 232 of the Trade Expansion Act of 1962.

Based on a BIS review of the existing Section 232 exclusion process for areas of improvement and public comments on the current process for submissions to BIS, this proposed rule proposes revisions to the Section 232 exclusions process, including to the Section 232 exclusions portal.

Comments on the proposed changes must be received by BIS no later than 45 days after publication in the Federal Register, which is scheduled to be August 28, 2023.

Key changes

Key changes included in the proposed rule:

  • Create a more efficient GAE process
  • Address the need to create a more efficient Section 232 exclusions process by introducing a General Denied Exclusions (GDE) process
  • Modify the existing certification language and introduce new certification requirements for exclusion requests
  • Propose similar certification language on the objection form to further ensure objectors can supply comparable quality and quantity steel or aluminum and make it “immediately available” to requestors

For more information, contact a professional with KPMG’s Trade & Customs services:

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
E: ivaysfeld@kpmg.com

Amie Ahanchian
E: aahanchian@kpmg.com

Christopher Young
E: christopheryoung@kpmg.com

Gisele Belotto
E: gbelotto@kpmg.com

George Zaharatos
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
E: adoornaert@kpmg.com

Jessica Libby
E: jlibby@kpmg.com
John Anderson
Managing Director
E: johneanderson@kpmg.com
Jenna Leigh Glass
Managing Director
E: jennaleighglass@kpmg.com

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