Trade Cases
![](https://www.steelmarketupdate.com/wp-content/uploads/sites/2/media/k2/items/src/0fd4bab53f562410498f29e50d71109d.jpg)
How to Request a Section 232 Exclusion
Written by Tim Triplett
March 18, 2018
Details on how to request an exclusion from the Trump administration tariffs on steel and aluminum will be published in the Federal Register tomorrow. We received a copy of the exclusion procedure and some comments from trade attorney Lewis E. Leibowitz.
President Trump, using his authority under Section 232 of the Trade Expansion Act of 1962, has determined that unfair imports of steel and aluminum pose a threat to the domestic industries, and thus to national security. On March 8, he announced tariffs of 25 percent on steel imports and 10 percent on aluminum imports from all nations except Canada and Mexico. The tariffs are to take effect on March 23.
Steel and aluminum users in the United States may apply to the Commerce Department for exemptions on imported metal products that are not produced in the United States in a sufficient amount or of a satisfactory quality to meet their needs.
According to the interim final rule set for the Federal Register, “only individuals or organizations using steel in business activities (e.g., construction, manufacturing, or supplying steel product to users) in the United States may submit exclusion requests.” Left unclear is if or how individual countries may request exemptions.
“Under the interim rule, exclusions will apply to the requesting entity unless the Commerce Department decides to exclude broadly based on policy reasons. This is an unusual procedure in trade and tariff matters. Each interested company must request an exclusion, even if its competitors (customers?) have already received an exclusion,” said Leibowitz.
All exclusion requests must be in electronic form and submitted to the federal rulemaking portal (www.regulations.gov). Each request should clearly identify and support the basis on which the exclusion is sought. There is no time limit for submitting exclusion requests. The review period normally will not exceed 90 days, including adjudication of objections submitted on exclusion requests. Exclusions approved will generally be for a term of one year.
The Commerce Department anticipates about 4,500 exclusion requests on steel products.
Steel Market Update will have more details about how to go about filing for an exclusion in our Tuesday issue.
A side note, Lewis Leibowitz will be kicking off this year’s SMU Steel Summit Conference on Aug. 27 around 1:30 p.m. ET. He will be available to answer questions you may have about AD/CVD, circumvention, Section 337 and Section 232. You can find more information about our conference and how to register at: www.SteelMarketUpdate.com/events/steel-summit.
![](https://www.steelmarketupdate.com/wp-content/uploads/sites/2/2023/04/tim-triplett.jpeg)
Tim Triplett
Read more from Tim TriplettLatest in Trade Cases
![](https://www.steelmarketupdate.com/wp-content/uploads/sites/2/images/Featured_News_Icons/fist.png)
Steel industry groups urge House action on LTPF 2.0
Six steel industry organizations have urged House Speaker Mike Johnson to include the Leveling the Playing Field 2.0 Act in any proposed package of legislation against China’s "unfair" trade practices.
![](https://www.steelmarketupdate.com/wp-content/uploads/sites/2/2023/07/CRU-Logo-2023-07-21-at-4.35.41-PM.png)
CRU: Poor steel margins continue to push down raw material prices
Both iron ore and coking coal prices fell this week because of resistance from buyers. Iron ore prices have continued to fall throughout the past week, following sharp declines in steel prices in China, given no new policy announcement from the ‘Third Plenum’ meeting.
![](https://www.steelmarketupdate.com/wp-content/uploads/sites/2/2023/07/CRU-Logo-2023-07-21-at-4.35.41-PM.png)
CRU: Imports cause concern in India and Vietnam
High levels of steel imports, especially from China, in recent months are worrying steel makers in India and Vietnam.
![](https://www.steelmarketupdate.com/wp-content/uploads/sites/2/2024/04/Price-Alan-FullRes-3000px-scaled.jpg)
Price: The new greenwashing – subsidies to bail out obsolete, excess capacity
The United Kingdom and other countries are using the “green” label to subsidize bailouts of obsolete, inefficient, and excess capacity that should exit the market. US steelmakers have invested billions of dollars in technologies that curb greenhouse gas output. These investments have been market-based and led by EAF producers such as Nucor, Steel Dynamics, and CMC.
![](https://www.steelmarketupdate.com/wp-content/uploads/sites/2/images/Featured_News_Icons/AISI.png)
AISI, AISC, University of Massachusetts get ~$6.4M EPA grant
The American Iron and Steel Institute (AISI), American Institute of Steel Construction (AISC), and the University of Massachusetts at Amherst have received a grant to enhance emissions reporting for steel construction projects.