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President Imposes Steel and Aluminum Tariffs; Exemptions May be Petitioned

Monday, March 12, 2018
Sandler, Travis & Rosenberg Trade Report

The president signed separate presidential proclamations March 8 imposing additional tariffs of 25 percent and 10 percent on steel and aluminum imports, respectively, effective for goods entered or withdrawn from warehouse on or after 12:01 a.m. March 23. Imports from Canada and Mexico are exempt from these additional tariffs, at least at this time. Other countries with which the U.S. has a security relationship may petition the U.S. to find alternative ways to address the threatened impairment of national security caused by imports from that country. If the U.S. and the petitioning country arrive at an agreement, the president may modify the application of the tariff with respect to that country.

In addition, the secretary of commerce will issue within ten days (by March 18) the procedures to be followed to petition for a product to be exempted from the additional tariffs. If after petitioning and consultation with other government agencies it is determined that such steel or aluminum products are not produced in the U.S. in a sufficient and reasonably available amount, or of a satisfactory quality, the secretary may issue a Federal Register notice amending the tariff treatment of that article. If such a non-availability determination is made, the modification of the tariff measure will be effective March 23 as well, thus it is possible that it will be retroactive.

The following products are covered by these proclamations.

- steel articles classified under HTSUS subheadings 7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90, including any subsequent revisions to these HTSUS classifications

- the following aluminum articles: (a) unwrought aluminum (heading 7601); (b) aluminum bars, rods, and profiles (heading 7604); (c) aluminum wire (heading 7605); (d) aluminum plate, sheet, strip, and foil (flat rolled products) (headings 7606 and 7607); (e) aluminum tubes and pipes and tube and pipe fitting (headings 7608 and 7609); and (f) aluminum castings and forgings (HTSUS 7616.99.5160 and 7616.99.5170), including any subsequent revisions to these HTSUS classifications

Thus, it is possible that countries and/or companies negatively impacted by these additional tariffs can petition for an exemption. For assistance in reviewing your product, please contact Kristen Smith ksmith@strtrade.com or Nicole Bivens Collinson at nbc@strtrade.com.

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