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ARTICLE · 30 AUGUST 2023

Commerce Proposes Revisions To 232 Exclusion Process

Cassidy Levy Kent LLP
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Today the Commerce Department published proposed revisions to the Section 232 Steel and Aluminum Tariff exclusions process.

United StatesInternational Law

Today the Commerce Department published proposed revisions to the Section 232 Steel and Aluminum Tariff exclusions process.

Specifically, the proposed rule makes four changes, which will impact both requestors and objectors. At a high level, Commerce is attempting to reduce the number of exclusion requests received and objected to, which may streamline the agency process but which may also result in further burdens on requestors and objectors.

These proposed changes include:

  • General Approved Exclusions. Commerce proposes to change the criteria for General Approved Exclusions (GAEs) from specific statistical reporting numbers in the Harmonized Tariff Schedule of the United States (HTSUS) that have received no objections to HTSUS classification codes (or subproducts) with very low rates of successful objections. This proposal could broaden the number of GAEs. BIS estimates that this change could result in up to a twenty percent reduction in the total number of

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