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National Security Review of Aluminum Imports Gets Hearing, Comment Deadline

Tuesday, May 09, 2017
Sandler, Travis & Rosenberg Trade Report

As directed by President Trump, the Department of Commerce is expediting its section 232 investigation into the national security effects of aluminum imports. The DOC will hold a public hearing June 22 and is accepting written comments, data, analyses, and other pertinent information through June 29.

The DOC has self-initiated an investigation under section 232 of the Trade Expansion Act of 1962 to determine whether imports of foreign-made aluminum are harming U.S. national security. If the DOC’s determination is affirmative, and the president concurs, the president has the authority to adjust imports, including through the use of tariffs and quotas. Although the law gives the DOC up to 270 days to conclude a section 232 investigation and submit its report and recommendations, President Trump has directed the DOC to expedite this investigation.

The DOC states that it is particularly interested in comments and information on the following factors.

- quantity of or other circumstances related to the importation of aluminum

- domestic production and productive capacity needed for aluminum to meet projected national defense requirements

- existing and anticipated availability of human resources, products, raw materials, production equipment, and facilities to produce aluminum

- growth requirements of the aluminum industry to meet national defense requirements and/or requirements to assure such growth

- impact of foreign competition on the economic welfare of the aluminum industry

- displacement of any domestic aluminum causing substantial unemployment, decrease in government revenues, loss of investment or specialized skills and productive capacity, or other serious effects

- relevant factors that are causing or will cause a weakening of the national economy

- any other relevant factors

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