BIS Releases FAQs on Section 232 Tariff Product Exclusions

The Bureau of Industry and Security issued a list of frequently asked questions about product exclusions from the Section 232 tariffs on steel and aluminum. Among the answered questions are how to seek a different decision if a company disagrees with a denial. If the denial is the result of an inaccurate Harmonized Tariff Schedule classification, the company should contact CBP and then resubmit the request with the correct classification. "If the denial is based on an objection, the requester may file a new exclusion request and include information documenting the reason why the new request should be granted notwithstanding the prior objection(s)," BIS said. "This information could include, for example, the documentation of the inability or refusal of the objector(s) to provide the product." The lack of denial appeal procedure is among some complaints about the exclusion process (see 1807230062).

Also addressed is whether approved requests can be "transferred to other internal or external organizations." The use of the exclusion "by any entity other than the organization that filed the original Exclusion Request is prohibited," BIS said. The agency also explained that no product exclusions will be allowed from countries that are exempt from tariffs through quotas (see 1806060041). "An exclusion request may only be granted for aluminum or steel imported from a country subject to a tariff," it said.