US Aluminum Association anticipates release of interim Section 232 tariff exclusion reforms Dec14

Monday, Dec 14, 2020
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  The Aluminum Association expressed some optimism Dec. 11 in anticipation of the US Commerce Department's plan to publish an interim final rule Dec. 14 that will enact a new round of changes to the Section 232 aluminum and steel product exclusion process.
  "Reforming the product exclusion system has been a long-term policy priority of the Aluminum Association and, while some challenges with the program remain, these much-needed changes are a step in the right direction," the industry group said in a newsletter to members.
  The Aluminum Association said the reforms will notably create a mechanism for "general approved exclusions" that have not previously been denied.
  Commerce elaborated on the provision for general approved exclusions in a preview report made available on the Federal Register Dec. 10, ahead of the interim final rule's publication.
  "This has been noted by commenters who submit exclusion requests, and by trade associations that represent those companies, as one of the most important changes that could be made to improve the efficiency of the 232 exclusion process," the department said in its report.
  The upcoming reforms also acknowledge that certain importers seeking exclusions may have requested more volume than they may have needed for their own business purposes compared to past usage.
  "Submitting large numbers of unneeded exclusion requests decreases the efficiency of the 232 exclusions process for potential objectors and Commerce," Commerce said. "This issue is addressed by adding a new certification requirement for volumes requested."
  Furthermore, Commerce's report provides responses to comments submitted during the formal public inquiry period earlier this year that are still under review.
  "Commerce intends to publish at least one subsequent interim final rule that will describe the unaddressed comments," the department said, but a date for the next publication was not provided.
  In its newsletter, the Aluminum Association also noted Commerce's plan to reject any exclusion requests that are not fully and accurately completed, a top concern that the association has raised in previous correspondence with the department.
  The Aluminum Association said it is still reviewing the reforms and will subsequently provide members with new guidance on the exclusion request process.

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