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Commerce Issues Changes to Sec. 232 Tariff Exclusions Process

Date: December 15, 2020

On Dec. 14, the Bureau of Industry and Security (BIS) at the U.S. Department of Commerce published an interim final rule with substantive changes to the product exclusions process for Section 232 steel and aluminum tariffs. There are three changes:

1.    Implementation of General Approved Exclusions
2.    Requirement for Volume Certification
3.    Revised Standards for Delivery

This IFR is the result of BIS’s request for public comments about the current process, from earlier this year to which MEMA responded in July.
The IFR did not address many of the commenters’ requests to improve the overall process and portal with technical changes (e.g. improving search and notification functions). BIS indicated that some elements will be addressed and possibly implemented at another time, but did not indicate a timeframe.
MEMA staff is reviewing the details of the IFR. The IFR is effective immediately upon publication However, the GAEs are not effective until Dec. 29, 2020. BIS is open to receiving comments on this IFR through Feb. 12, 2021.

For more information, please contact Bill Frymoyer and Leigh Merino.

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