More than two dozen trade groups recently urged the Bureau of Industry and Security to recalibrate the current approach to Section 232 tariffs “to make both investigations and tariff programs more transparent, consultative, targeted, and conducive to compliance.”
A Feb. 10 letter noted that the Trump administration has “dramatically expanded” the use of Section 232 since January 2025, “launching 12 new investigations, initiating inclusions mechanisms for tariffs, and imposing new or higher tariffs on a wide range of products used by households and businesses across the economy.” Such tariffs are often stacked with others, the letter said, “creating significant regulatory burdens, escalating compliance costs, and economic uncertainty.”
The letter highlighted problems with specific processes and practices, including “complex entry filing instructions, arcane and inconsistent valuation criteria, content restrictions, and documentation requirements for importers, brokers, and filers.” In response, the trade groups encouraged BIS to take the following steps. (Click here for related recommendations issued in January by the Commercial Customs Operations Advisory Committee.)
Product inclusions – announce publicly when applications to add more products to the scope of Section 232 tariffs are posted; extend comment periods, hold public hearings, and provide greater advance notice for such proposals; and provide more detailed explanations for inclusion selections
Product exclusions – restore a formal mechanism to exclude from Section 232 tariffs products that do not pose a national security risk and have sufficient supply in the domestic market, and allow for exclusions of products with de minimis steel/aluminum content (click here for more information on an ongoing court case on a related issue)
Tariff implementation – provide a commercially reasonable amount of time to implement Section 232 tariffs and include an exemption for products that shipped before the tariffs were announced
Transparency – clearly define and publicly disclose the criteria for linking products to national security; and enhance private-sector consultation mechanisms to ensure meaningful input, including through advisory committees
Efficiency – reduce administrative burdens by simplifying forms, clarifying documentation requirements, and using targeted product descriptions instead of full HTSUS lines
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