The Bureau of Industry and Security has issued an interim final rule establishing a process for including additional derivative aluminum and steel articles within the scope of the Section 232 tariffs on those goods. This rule is effective as of April 30 and comments on it are due no later than June 16.
Under the new process BIS will receive inclusion requests from industry during two-week windows opening three times a year at the beginning of each May, September, and January, with the first such window to open May 1, 2025. Requests must include the following.
- clear identification of the applicant (i.e., individual, company, or trade association)
- precise definition of the derivative article and its eight or ten-digit HTSUS number
- an explanation of why the article is a steel or aluminum derivative article, including information on the total value of the article’s steel and/or aluminum content as a share of its total value
- pertinent information on the domestic industry affected
- statistics on imports and domestic production
- a description of how and to what extent imports of the derivative article threaten to impair national security or otherwise undermine the objectives set forth in the 2018 Section 232 investigation reports or related proclamations
BIS will publicly post non-confidential versions of all valid requests for a 14-day comment period after the conclusion of the submission window. BIS will begin analysis of each accepted request concurrent with the start of the comment period and will assess each request for (1) whether the described product is a derivative steel or aluminum article and (2) whether imports of that article have increased in a manner that threatens to impair national security or otherwise undermine the objectives set forth in the Section 232 investigation reports or related proclamations.
Finally, each request will be approved or denied and BIS will post a public notice within 60 days of receiving the request that indicates which action was taken and summarizes the reason why. A Federal Register notice will then be issued to add any included products to the annexes to the relevant proclamations. Section 232 tariffs on newly-included articles will take effect shortly thereafter through coordination with U.S. Customs and Border Protection.
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