Background

President Trump has issued proclamations making certain changes with respect to product-specific exclusions from the additional tariffs on steel and aluminum products that took effect March 23.

The initial proclamations imposing these tariffs allowed exclusions for any steel or aluminum article determined not to be produced in the U.S. in a sufficient and reasonably available amount or in a satisfactory quality or for a specific national security consideration. Such exclusions must be requested by a directly affected party located in the U.S.

The president has now added that such exclusions may be provided “on a party-by-party basis taking into account the regional availability of particular articles, the ability to transport articles within the United States, and any other factors as the [Department of Commerce] deems appropriate.” In addition, for goods entered on or after the date the directly affected party submits the exclusion request, the exclusion will be retroactive to the date the request is posted for public comment.

Click here to register for ST&R’s March 26 webinar on the exclusion process.

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