Frequently Asked Questions

Product Exclusions for Section 232 Steel and Aluminum Tariffs

 

 

On what basis will a product exclusion be granted?

A product exclusion will be granted if the article is not produced in the United States: (1) in sufficient and reasonably available amount; (2) satisfactory quality; or (3) there is a specific national security consideration warranting an exclusion.

 

What is the process for reviewing product exclusion requests?

The Department of Commerce reviews each request for conformance with the submission requirements. Those requirements are set forth in the Federal Register Notice of March 19, 2018 https://www.gpo.gov/fdsys/pkg/FR-2018-03-19/pdf/2018-05761.pdf

Once a request is posted, there is a 30 day comment period. If there are no objections to a request, the Department of Homeland Security/Customs and Border Protection (CBP) reviews the Harmonized Tariff Schedule of the United States (HTSUS) code cited in the submission for accuracy. If CBP determines the code is inaccurate, the request is denied and the requester provided CBP contact information. If CBP determines the HTSUS is accurate, the request is approved if there are no national security concerns and the decision posted on www.regulations.gov.

If objections are submitted, the Department of Commerce reviews each objection for conformance with the submission requirements. If an objection is posted, the Department reviews the request and the objection(s) to the request and determines whether the item is produced in the United States in a sufficient and reasonably available amount of satisfactory quality, or if there is a specific national security consideration warranting an exclusion.

 

How will I know if my product exclusion request has been granted or denied?

All product exclusion decisions will be posted on www.regulations.gov.

 

Will the Department of Commerce identify the reason for the decision?

For each Exclusion Request the Department of Commerce will post a Decision Memo identifying whether the request is granted or denied.

If the request is denied due to an incorrect HTSUS classification, the Decision Memo provides information how on to obtain a correct HTSUS classification from CBP.

If the request was denied for other reasons, the Decision Memo will state the reason.

 

How are requesters notified once a final determination has been made?

Decision documents will be posted on regulations.gov, as a document attached to the initial Exclusion Request.

 

Where can I find the decision documents?

Decision Memos will be posted on regulations.gov as a document attached to the initial Exclusion Request. The title of the original Exclusion Request on regulations.gov will also be changed to reflect the status of the request.

 

How do I use my granted product exclusion?

CBP has provided detailed instructions on using your granted product exclusion. Please consult CSMS #18-000378 for further instructions.

 

Am I eligible for retroactive refund?

If you have been granted an exclusion, you are eligible for a retroactive refund. Granted product exclusions are retroactive to the date the request for exclusion was posted for public comment at regulations.gov.

 

How do I get a retroactive refund?

CBP has provided detailed instructions on how to receive a retroactive refund. Please consult CSMS #18-000378 for further instructions on receiving retroactive relief if available.

 

What if a company disagrees with a denial?

If the denial is based on an inaccurate HTSUS classification, the requester should contact CBP for the correct classification. The company may then submit a request with the correct HTSUS classification. The request should note it is a resubmission with a revised HTSUS classification and attach the CBP determination.

If the denial is based on an objection, the requester may file a new exclusion request and include information documenting the reason why the new request should be granted notwithstanding the prior objection(s). This information could include, for example, the documentation of the inability or refusal of the objector(s) to provide the product.

 

How long is my granted product exclusion effective?

Generally, an exclusion is granted for one year from the date of signature. Please see your Decision Memo for this information.

 

May approved Exclusion Requests be transferred to other internal or external organizations?

No. The use of an Exclusion by any entity other than the organization that filed the original Exclusion Request is prohibited.

 

If my organization receives a product exclusion, is there a chance that it could be revoked?

Generally, granted product exclusions will be valid for one year. The Department of Commerce will not move to revoke granted product exclusions unless it has been determined that submitted information was falsified.

 

Can I request a product exclusion from countries that are exempt from tariffs (such as through quotas)?

No. The Department of Commerce cannot grant exclusion requests for products imported from a country subject to a quota. Under the authority granted by the President, an exclusion request may only be granted for aluminum or steel imported from a country subject to a tariff.

 

I have additional questions about the exclusion process, who do I contact?

For questions about the exclusion form or objection form, please email or call:

This email address is being protected from spambots. You need JavaScript enabled to view it. or 202-482-4757 for aluminum-related inquiries and This email address is being protected from spambots. You need JavaScript enabled to view it. or 202-482-5642 for steel-related inquiries.

 

How do I notify CBP of my granted exclusion?

CBP will receive a notification from the Department of Commerce of any specific company and product to be excluded from the applicable tariff. You will be required to provide CBP with your granted Exclusion Request number that is provided by the Department of Commerce.

 

When does my exclusion become effective?

If you are granted an exclusion, it will be effective five days after the decision has been posted on www.regulations.gov.

   
© BIS 2016