On March 19, Commerce published a Federal Register Notice which detailed the procedure to request product exclusions from the new imported steel and aluminum tariffs.

In addition, the agency established two web pages and accompanying exclusion request forms, one each for steel and aluminum, explaining the process, how to file exclusion requests, the detailed information to be provided, and how to file exclusion objections.

Per its new web pages and exclusion request forms, Commerce explains:

  • Exclusion Requests will be open for public review after being posted to the federal rulemaking portal.
  • There is no specific deadline to file exclusion requests, as they may be submitted at any time.
  • During the initial 30 days, U.S. parties may file objections to the exclusion request.
  • After this initial 30 day period, approximately 60 days will be necessary for complete review and vetting of the Exclusion Request and any related Objection Filings.
  • The total processing time for exclusion requests is estimated at 90 business days.
  • A single response to each exclusion request and related objection filings will be posted in regulations.gov indicating if the exclusion request has been granted or denied.

There is a link on each page to the exclusion forms and instructions on how to upload it once completed.

Further, Commerce provided some guidelines, to include:

  • A separate Exclusion Request must be submitted on each distinct type and dimension of aluminum or steel product to be imported.
  • Exclusion Request Requirements: Only individuals or organizations that use aluminum or steel products in business activities in the United States may submit an Exclusion Request. This includes those involved in construction, manufacturing, and supplying steel or aluminum products to users.
  • For an Exclusion Request to be considered, the exclusion requester must provide factual information on:
    • 1) the single type of aluminum or steel product they require using a 10-digit HTSUS code, including its specific dimension;
    • 2) the quantity of product required (stated in kilograms) under a one-year exclusion; and
    • 3) a full description of the properties of the aluminum or steel product it seeks to import, including chemical composition, dimensions, strength, toughness, ductility, magnetic permeability, surface finish, coatings, and other relevant data.
  • All exclusion requests will be reviewed for completeness. Only fully completed exclusion requests will be considered and posted for public review. All exclusion requests will be made available for public inspection and copying.