The Bureau of Industry and Security is accepting through Sept. 29 requests to add more derivative aluminum and steel articles to the scope of the 50 percent Section 232 tariffs on such goods.
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 Sept. 29. BIS will assess each request for (1) whether the described product is a derivative steel or aluminum article and (2) whether imports of the subject 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.
In the first iteration of this process all products covered by inclusion requests appear to have been added to the list of derivative products subject to Section 232 tariffs, with the exception of 60 HTSUS numbers that are subject to other ongoing investigations pursuant to Section 232 or other trade statutes. This suggests a similarly expansive approach in future iterations.
Click here to stay up-to-date on these Section 232 tariffs.
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