In a notice published in the Federal Register on August 28, 2023, the Bureau of Industry and Security (“BIS”) of the Department of Commerce proposed modifications to the Section 232 exclusion process.  The BIS proposal raises significant concerns and, if adopted, could adversely impact the ability of some companies to obtain exclusions from the 232 tariffs.  Importers and other companies currently utilizing the 232 exclusion process can file comments requesting changes to the current proposal. Comments are due by October 12, 2023.

There are four areas that are significantly impacted by the rule change:

1) Changes to the criteria considered when BIS issues “General Approved Exclusions” (GAEs).

2) Creation of a General Denied Exclusions process under which “GDE’s” would be designated with respect to items that have historically had high rates of substantiated objections. If implemented, requests for exclusions of identified products would presumably be summarily rejected.

3) New certification requirements establishing that a company requesting a 232 exclusion has made documented efforts to source the steel or aluminum not only from U.S. sources, but also from all other countries that the U.S. has exempted from the tariffs or has instituted quotas.

4) New certification requirements for U.S. producers that are objecting to a specific exclusion request. The objectors will be required to certify and document that they can make the products “immediately available.”

Please do not hesitate to contact any of our attorneys for further information or if we can assist in drafting of comments.