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On February 10, 2022, the Department of Commerce published a Federal Register notice requesting public comments on the Section 232 exclusions process.  The notice follows the agreement reached between the U.S. and the EU related to the tariff rate quotas for steel and aluminum articles from EU member countries and the President’s January 3, 2022 announcement, Adjusting Imports of Steel into the United States (Proclamation 10328).

The Proclamation directed the Secretary of Commerce to seek public comment more generally on the exclusions process, focusing in particular on soliciting comments related to the responsiveness of the process to market demand and collaboration with U.S. firms and labor organizations.

In addition to comments about the process for exclusions, the Department of Commerce highlighted the following specific topics for comments:

(1) How to reduce the volume of submission errors and rejected filings in the Section 232 Exclusions Portal;

(2) how to address the time for processing of exclusion requests, including but not limited to reducing length or type of attachments;

(3) requiring public summaries of any confidential business information in exclusion requests and objections, similar to the existing requirement for rebuttal and surrebuttals;

(4) requiring public disclosure of delivery times on the Exclusion Request and Objection Forms;

(5) requiring recent ( i.e., from the last quarter or 90 days) evidence supporting claims made in a Request or Objection;

(6) streamlining the online forms or otherwise reducing administrative burden; and

(7) assessing the General Approved Exclusions’ (GAEs) criteria and identification of specific products.

Comments are due by March 28, 2022.  If you are interested in submitting comments, please reach out to the Husch Blackwell International Trade Team.

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Photo of Julia Banegas Julia Banegas

Julia is an associate in the Washington, DC office of Husch Blackwell. She advises clients doing business in the heavily-regulated Government Contracts and International Trade sectors.

Photo of Jeffrey Neeley Jeffrey Neeley

Jeffrey has more than 25 years of experience representing private parties in international trade remedies disputes in the U.S. and in foreign jurisdictions. He guides clients in matters including antidumping investigations, countervailing duties, subsidies, intellectual property disputes as well as related customs, export…

Jeffrey has more than 25 years of experience representing private parties in international trade remedies disputes in the U.S. and in foreign jurisdictions. He guides clients in matters including antidumping investigations, countervailing duties, subsidies, intellectual property disputes as well as related customs, export control, and other import/export issues.

Photo of Nithya Nagarajan Nithya Nagarajan

Nithya’s extensive background in U.S. trade issues spans 25 years and includes various roles in a number of federal government agencies, including the Department of Commerce Department of Justice, and the U.S. Court of International Trade. She assists clients with administrative and regulatory…

Nithya’s extensive background in U.S. trade issues spans 25 years and includes various roles in a number of federal government agencies, including the Department of Commerce Department of Justice, and the U.S. Court of International Trade. She assists clients with administrative and regulatory actions before the Department of Commerce, International Trade Commission and U.S. Customs and Border Protection (CBP) and defends clients in appeals before the Court of International Trade, Court of Appeals for the Federal Circuit, NAFTA panels and the World Trade Organization. In addition to her body of U.S. experience, Nithya is also well-versed in international trade issues in China and India.