CBP Updates Process for Importing Goods Exempt From Section 232 Tariffs

CBP updated its guidance on how importers of goods excluded from Section 232 tariffs on steel and aluminum can file entries and receive refunds, it said in a Nov. 8 CSMS message. The message includes information related to the change in policy allowing for product exclusions to apply starting on the day a request was filed with the Department of Commerce (see 1809040035), rather than the day the request was posted for public comment. "To request an administrative refund for previous imports of duty-excluded products granted by DOC, importers may file a [Post Summary Correction (PSC)] and provide the product exclusion number in the Importer Additional Declaration Field," CBP said. "If the entry has already liquidated, importers may protest the liquidation."

Once a product exclusion is granted "for the importer of record listed in the approved exclusion, please provide that company’s name, address and importer of record number, and the associated product exclusion number" to CBP "at Traderemedy@cbp.dhs.gov," the agency said. For approved exclusions from quota requirements (see 1808300004), that information should also go to HQQuota@cbp.dhs.gov, it said. "CBP needs this information in order to activate the approved product exclusion number in ACE, so that entries can be filed with this product exclusion number. You must provide this information to CBP before the filer submits the exclusion number with entries to CBP. For quota exclusions, CBP must activate the product exclusion number before any quota exemption can be processed, and goods subject to the quota exemption can be released."

CBP also said it updates approved product exclusion numbers in ACE every week. "CBP, in most circumstances, will activate by close of business Thursday of every week any product exclusion numbers with corresponding importer information submitted by close of business Monday to Traderemedy@cbp.dhs.gov," it said. "Do not submit any product exclusion information to CBP until the Department of Commerce approves the product exclusion."

While goods subject to the tariffs aren't eligible for Generalized System of Preferences or African Growth and Opportunity Act benefits, after receiving a Section 232 product exclusion, importers may then receive the benefits, CBP said. "If importers did not receive GSP or AGOA duty preferences on previous imports, and those imports are now covered by a retroactive duty exclusion, importers may request a refund of the duties subject to GSP or AGOA preferences through a PSC," it said.