Requirements for Submissions Requesting Exclusions From the Remedies Instituted in Presidential Proclamations Adjusting Imports of Steel Into the United States and Adjusting Imports of Aluminum Into the United States; and the Filing of Objections to Submitted Exclusion Requests for Steel and Aluminum, 12106-12112 [2018-05761]
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Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations
considerations. The President directed
the Secretary to promulgate regulations
as may be necessary to set forth the
procedures for an exclusion process.
DATES:
• Effective date of interim final rule:
This interim final rule is effective March
19, 2018.
• Comments on this interim final
rule: Comments on this interim final
rule must be received by BIS no later
than May 18, 2018.
See SUPPLEMENTARY INFORMATION
section for information on submitting
exclusion requests and objections
thereto.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 705
[Docket No. 180227217–8217–01]
RIN 0694–AH55
Requirements for Submissions
Requesting Exclusions From the
Remedies Instituted in Presidential
Proclamations Adjusting Imports of
Steel Into the United States and
Adjusting Imports of Aluminum Into
the United States; and the Filing of
Objections to Submitted Exclusion
Requests for Steel and Aluminum
Bureau of Industry and
Security, Office of Technology
Evaluation, U.S. Department of
Commerce.
ACTION: Interim final rule.
AGENCY:
This interim final rule
amends the National Security Industrial
Base Regulations to add two new
supplements. The new supplements set
forth the process for how parties in the
United States may submit requests for
exclusions from actions taken by the
President (‘‘exclusion requests’’) to
protect national security from threats
resulting from imports of specified
articles. The new supplements also set
forth the requirements and process for
how parties in the United States may
submit objections to the granting of an
exclusion request.
The supplements are being added to
implement Presidential Proclamations
9704 and 9705 of March 8, 2018
(‘‘Proclamations’’), adjusting imports of
steel articles identified in Proclamation
9705 (‘‘steel’’) and aluminum articles
identified in Proclamation 9704
(‘‘aluminum’’) through the imposition of
duties so that imports of steel articles
and aluminum articles will no longer
threaten to impair the national security.
As set forth in the Proclamations, the
President concurred with the findings of
the Secretary of Commerce (‘‘Secretary’’)
in two reports to the President on the
investigations under section 232 of the
Trade Expansion Act of 1962, as
amended, of the effect of imports of
steel and aluminum, respectively, on
the national security of the United
States. The Proclamations authorize the
Secretary to grant exclusions from the
duties upon request of affected parties if
the steel or aluminum articles are
determined not to be produced in the
United States in a sufficient and
reasonably available amount or of a
satisfactory quality or based upon
specific national security
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SUMMARY:
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All comments on the
interim final must be submitted by one
of the following methods:
• By the Federal eRulemaking Portal:
https://www.regulations.gov. Comments
on the interim final rule may be
submitted to regulations.gov docket
number BIS–2018–0006 or to BIS–2018–
0002, or to both docket numbers.
• By email directly to
publiccomments@bis.doc.gov. Include
RIN 0694–AH55 in the subject line.
• By mail or delivery to Regulatory
Policy Division, Bureau of Industry and
Security, U.S. Department of Commerce,
Room 2099B, 14th Street and
Pennsylvania Avenue NW, Washington,
DC 20230. Refer to RIN 0694–AH55.
All exclusion requests and objections
to submitted exclusion requests must be
in electronic form and submitted to the
Federal rulemaking portal (https://
www.regulations.gov).
Steel: This interim final rule can be
found by searching for its
regulations.gov docket number, BIS–
2018–0006, which is the document
number being used for the steel
exclusion requests and objection
requests.
Aluminum: This interim final rule can
also be found by searching for its
regulations.gov docket number, BIS–
2018–0002, which is the document
number being used for the aluminum
exclusion requests and objection
requests.
All exclusion requests, objections to
submitted exclusion requests, and
comments on the interim final rule will
be made available for public inspection
and copying. All exclusion requests,
objections to submitted exclusion
requests, and comments on the interim
final rule will be made available for
public inspection and copying.
Information that is subject to
government-imposed access and
dissemination or other specific national
security controls, e.g., classified
information or information that has U.S.
Government restrictions on
ADDRESSES:
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dissemination to non-U.S. citizens or
other categories of persons that would
prohibit public disclosure of the
information, may not be included in
exclusion requests or objections to
submitted exclusion requests.
Additionally, personally identifiable
information, including social security
numbers and employer identification
numbers, should not be provided.
Individuals and organizations
submitting exclusion requests or an
objection to submitted exclusion
requests are responsible for ensuring
such information is not included.
Individuals and organizations that have
proprietary or otherwise business
confidential information that they
believe relevant to the Secretary’s
consideration of the submitted
exclusion request or objections to
submitted exclusion requests should so
indicate in the appropriate field of the
relevant form. Individuals and
organization must otherwise fully
complete the relevant forms.
Comments on the interim final rule
may be submitted to regulations.gov
docket number BIS–2018–0006 or to
BIS–2018–0002, or to both docket
numbers.
Exclusion requests and objections to
submitted exclusion requests must be
submitted to the respective document
number for steel or aluminum.
FOR FURTHER INFORMATION CONTACT: Brad
Botwin, Director, Industrial Studies,
Office of Technology Evaluation, Bureau
of Industry and Security, U.S.
Department of Commerce (202) 482–
5642, Steel232@bis.doc.gov regarding
steel exclusion requests and (202) 482–
4757, Aluminum232@bis.doc.gov
regarding aluminum exclusion requests.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2017, the Secretary
initiated an investigation under section
232 of the Trade Expansion Act of 1962,
as amended (19 U.S.C. 1862), to
determine the effects on the national
security of imports of steel. On April 20,
2017, the President signed a
memorandum directing the Secretary to
proceed expeditiously in conducting his
investigation and submit a report on his
findings to the President. The President
further directed that if the Secretary
finds that steel is being imported into
the United States in such quantities or
under such circumstances as to threaten
to impair the national security, the
Secretary shall recommend actions and
steps that should be taken to adjust steel
imports so that they will not threaten to
impair the national security.
On April 26, 2017, the Secretary
initiated an investigation under section
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Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations
232 of the Trade Expansion Act of 1962,
as amended (19 U.S.C. 1862), to
determine the effects on the national
security of imports of aluminum. On
April 27, 2017, the President signed a
memorandum directing the Secretary to
proceed expeditiously in conducting his
investigation and submit a report on his
findings to the President. The President
further directed that if the Secretary
finds that aluminum is being imported
into the United States in such quantities
or under such circumstances as to
threaten to impair the national security,
the Secretary shall recommend actions
and steps that should be taken to adjust
aluminum imports so that they will not
threaten to impair the national security.
On March 8, 2018, the President
issued Proclamations 9704 and 9705
concurring with the findings of the two
reports and determining that adjusting
imports through the imposition of
duties on steel articles and aluminum
articles is necessary so that imports of
steel and aluminum will no longer
threaten to impair the national security.
The Key Findings of the Steel and
Aluminum Reports, Recommendations
of the Steel and Aluminum Reports, and
web links to the January 11, 2018 Steel
Report, and the January 17, 2018
Aluminum Report are available on the
Department of Commerce website:
https://www.commerce.gov/news/pressreleases/2018/02/secretary-rossreleases-steel-and-aluminum-232reports-coordination.
The Proclamations also authorized the
Secretary, in consultation with the
Secretary of Defense, the Secretary of
the Treasury, the Secretary of State, the
United States Trade Representative, the
Assistant to the President for Economic
Policy, the Assistant to the President for
National Security Affairs, and other
senior executive branch officials as
appropriate, to grant exclusions from
the duties for domestic parties affected
by the duties, if the Secretary
determines the steel or aluminum article
for which the exclusion is requested is
not produced in the United States in a
sufficient and reasonably available
amount or of a satisfactory quality or
should be excluded based upon specific
national security considerations. The
President directed the Secretary to
promulgate regulations as may be
necessary to implement an exclusion
process.
This interim final rule amends the
National Security Industrial Base
Regulations (15 CFR parts 700–705) to
add two new supplements to part 705
which set forth the requirements and
process for how parties in the United
States may submit requests for
exclusions from the remedies instituted
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by the President in the Proclamations
(‘‘exclusion requests’’). The new
supplements also set forth the
requirements and process for how
parties in the United States may submit
objections to the granting of exclusion
requests.
Only individuals or organizations
using steel articles identified in
Proclamation 9705 in business activities
(e.g., construction, manufacturing, or
supplying steel to users) in the United
States may submit exclusion requests
with respect to that Proclamation. This
limitation recognizes the close relation
of the economic welfare of the Nation to
our national security by affording those
who contribute to that economic welfare
through business activities in the United
States the opportunity to submit
exclusion requests based on particular
economic and national security
considerations. Allowing individuals or
organizations not engaged in business
activities in the United States to seek
exclusion requests could undermine the
adjustment of imports that the President
determined was necessary to address
the threat to national security posed by
the current import of steel articles. Any
individual or organization in the United
States may file objections to steel
exclusion requests, but the Commerce
Department will only consider
information directly related to the
submitted exclusion request that is the
subject of the objection.
Only individuals or organizations
using aluminum articles identified in
Proclamation 9704 in business activities
(e.g., construction, manufacturing, or
supplying aluminum to users) in the
United States may submit exclusion
requests. This limitation recognizes the
close relation of the economic welfare of
the Nation to our national security by
affording those who contribute to that
economic welfare through business
activities in the United States the
opportunity to submit exclusion
requests based on particular economic
and national security considerations.
Allowing individuals or organizations
not engaged in business activities in the
United States to seek exclusion requests
could undermine the adjustment of
imports that the President determined
was necessary to address the threat to
national security posed by the current
import of aluminum articles. Any
individual or organization in the United
States may file objections to exclusion
requests, but the Commerce Department
will only consider information directly
related to the submitted exclusion
request that is the subject of the
objection.
Approved exclusions will be made on
a product basis and will be limited to
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the individual or organization that
submitted the specific exclusion
request, unless Commerce approves a
broader application of the product based
exclusion request to apply to additional
importers.
Other individuals or organizations
that wish to submit an exclusion request
for a steel or aluminum product already
approved for exclusion may submit an
exclusion request under the two new
supplements. Such follow-on requesters
of exclusion requests are not required to
reference a previously approved
exclusion, but Commerce may take that
into account when reviewing a
subsequent exclusion request.
In addition, individuals and
organizations will not be precluded
from submitting a request for exclusion
of a product where a previous exclusion
request for the same product had been
denied or is no longer valid. For
example, it might be that the first
exclusion request was inadequate to
demonstrate the criteria were met for
approving that exclusion request. The
later requester should, however, submit
new or different information in an
attempt to meet the criteria for
approving an exclusion request for that
product.
Addition of New Supplements
This interim final rule amends part
705 (Effects of Imported Articles on the
National Security) by adding
Supplement No. 1—Requirements for
Submissions Requesting Exclusions
from the Remedies Instituted in
Presidential Proclamation 9705 of
March 8, 2018 Adjusting Imports of
Steel into the United States. This
interim final rule also amends part 705
by adding Supplement No. 2—
Requirements for Submissions
Requesting Exclusions from the
Remedies Instituted in Presidential
Proclamation 9704 of March 8, 2018
Adjusting Imports of Aluminum into the
United States. The two new
supplements specify the requirements
and process for how parties may submit
exclusion requests. The new
supplements also specify the
requirements and process for how
parties may submit objections to
exclusion requests.
The two new supplements follow the
same structure, but have different
criteria based on the differences
between the steel and aluminum
industries.
These new supplements consist of
introductory text that describe the
Section 232 steel or aluminum
Proclamation issued by the President
imposing duties on the imports of steel
articles and aluminum articles.
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Paragraph (a)(Scope) defines the scope
of the supplement.
Paragraph (b)(Required forms)
identifies the forms that must be used to
submit an exclusion request or an
objection to an exclusion request
pursuant to each new supplement.
Paragraph (b) also describes the
requirements to provide the requested
information on the applicable form in
order to submit an exclusion request or
an objection to a submitted exclusion
request. Paragraph (b)(3)(Public
disclosure) specifies that information
included in exclusion requests and
objections to submitted exclusion
requests will be subject to public
disclosure. Paragraph (b)(3) also
specifies that personally identifiable
information, including social security
numbers and employer identification
numbers, should not be provided.
Information that is subject to
government-imposed access and
dissemination or other specific national
security controls, e.g., classified
information or information that has U.S.
Government restrictions on
dissemination to non-U.S. citizens or
other categories of persons that would
prohibit public disclosure of the
information, may not be included in
exclusion requests or objections to
submitted exclusion requests.
Individuals and organizations that have
proprietary or otherwise business
confidential information that they
believe relevant to the Secretary’s
consideration of the submitted
exclusion request or objections to
submitted exclusion requests should so
indicate in the appropriate field of the
relevant form. Individuals and
organization must otherwise fully
complete the relevant forms.
The criteria in paragraph (b) of each
supplement are slightly different to
make the paragraph specific to steel in
Supplement No. 1 and specific to
aluminum in Supplement No. 2;
otherwise, paragraph (b) follows the
same structure in the two new
supplements. The regulations.gov
docket number is different for
Supplement No. 1 and Supplement No.
2, as is the BIS website address where
copies of the respective forms may be
located.
Paragraph (c)(Exclusion requests)
describes additional requirements for
submitting exclusion requests.
Paragraphs (c)(1) to (4) specify which
individuals or organizations may submit
exclusion requests, how exclusion
requests must be identified and
submitted in regulations.gov, and the
time limit for submitting exclusion
requests. All exclusion requests must be
in electronic form, but may be
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submitted at any time. Paragraph (c)(5)
specifies the substance that must be
addressed in an exclusion request. The
criteria in paragraph (c) of each
supplement are slightly different to
make the paragraphs specific to steel in
Supplement No. 1 and specific to
aluminum in Supplement No. 2, but
otherwise follow the same structure in
the two new supplements.
Paragraph (d)(Objections to submitted
exclusion requests) describes additional
requirements for submitting objections
to submitted exclusion requests.
Paragraphs (d)(1) to (3) specify how
objections must be identified and
submitted in regulations.gov and the
time limit for submitting objections to
submitted exclusion requests. All
objections to the granting of an
exclusion request must be in electronic
form and submitted no later than 30
days after the related exclusion request
is posted. Paragraph (d)(4) specifies the
substance that must be addressed in an
objection. The criteria in paragraph (d)
of each supplement are slightly different
to make the paragraphs specific to steel
in Supplement No. 1 and specific to
aluminum in Supplement No. 2, but
otherwise follow the same structure in
the two new supplements.
Paragraph (e)(Limitations on the size
of submissions) applies to exclusion
requests and objections to submitted
exclusion requests. Paragraph (e)
imposes a page limit on any exclusion
request or objection to a submitted
exclusion request. The respective forms
are not counted for determining the
page limitation.
Paragraph (f)(Disposition of exclusion
requests and objections to submitted
exclusion requests), includes a
paragraph (f)(1) to specify what happens
to exclusion requests and objections to
submitted exclusion requests that do not
satisfy all of the requirements in the
supplement. Paragraph (f)(2) describes
how BIS will respond to complete
submissions for exclusion requests and
objections to submitted exclusion
requests. Paragraph (f)(2) also states that
the BIS response to an exclusion request
will also be responsive to any
objection(s) for that submitted exclusion
request. BIS will have a single response
to each exclusion request that will be
posted in regulations.gov. This single
BIS response will also take into account
any objection(s) to the submitted
exclusion request.
Paragraph (g)(For further information)
will identify the point of contact for
further questions on the two new
supplements.
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Relationship Between Country-Based
Exemptions Specified in the
Presidential Proclamations, and the
Product-Based Exclusion and Objection
Process Included in This Rule
The process described above for the
two new supplements is separate and
apart from the process by which
countries may seek exemptions from the
duties imposed by the President. The
process established in this interim final
rule is limited to the issuance of
product-based exclusions as authorized
by the President. Consistent with the
President’s instructions, the criteria in
the forms and supplements are
primarily focused on the availability of
the product in the United States. The
Secretary will consider information
about supply in other countries to the
extent relevant to determining whether
specific national security considerations
warrant an exclusion. Commenters on
this interim final rule may submit
comments regarding how and whether
or not the country of origin of a
proposed product should be considered
by Commerce as part of the process for
reviewing product-based exclusion
requests.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been determined to be a ‘‘significant
regulatory action,’’ although not
economically significant, under section
3(f) of Executive Order 12866. However,
as stated under Section 4 of Presidential
Proclamation 9704 and Section 4 of
Proclamation 9705 of March 8, 2018,
this rule is exempt from Executive
Order 13771 (82 FR 9339, February 3,
2017).
2. The Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.) (PRA)
provides that an agency generally
cannot conduct or sponsor a collection
of information, and no person is
required to respond to nor be subject to
a penalty for failure to comply with a
collection of information, unless that
collection has obtained Office of
Management and Budget (OMB)
approval and displays a currently valid
OMB Control Number.
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The Commerce Department requested
and OMB authorized emergency
processing of two information
collections involved in this rule,
consistent with 5 CFR 1320.13. The
Presidential Proclamations authorized
the Secretary of Commerce, in
consultation with the Secretary of
Defense, the Secretary of the Treasury,
the Secretary of State, the United States
Trade Representative, the Assistant to
the President for Economic Policy, the
Assistant to the President for National
Security Affairs, and other senior
Executive Branch officials as
appropriate, to grant exclusions for the
import of goods not currently available
in the United States in a sufficient
quantity or satisfactory quality, or for
other specific national security reasons.
He further directed the Secretary to
establish the process for submitting and
granting these requests for exclusions
within 10 days, and this interim final
rule fulfills that direction. The
immediate implementation of an
effective exclusion request process,
consistent with the intent of the
Presidential Proclamations, also
requires creating a process to allow any
individual or organization in the United
States to submit objections to submitted
exclusion requests. The Department has
determined the following conditions
have been met:
a. The collection of information is
needed prior to the expiration of time
periods normally associated with a
routine submission for review under the
provisions of the Paperwork Reduction
Act in view of the President’s
proclamations issued on March 8, 2018,
for the Presidential Proclamation on
Adjusting Imports of Steel into the
United States, https://
www.whitehouse.gov/presidentialactions/presidential-proclamationadjusting-imports-steel-united-states/,
and for the Presidential Proclamation on
Adjusting Imports of Aluminum into the
United States, https://
www.whitehouse.gov/presidentialactions/presidential-proclamationadjusting-imports-aluminum-unitedstates/.
b. The collection of information is
essential to the mission of the
Department, in particular to the
adjudication of exclusion requests and
objections to exclusions requests.
c. The use of normal clearance
procedures would prevent the collection
of information of exclusion requests and
objections to exclusion requests, for
national security purposes, as discussed
under section 232 of the Trade
Expansion Act of 1962 as amended and
the Presidential Proclamations issued
on March 8, 2018.
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Commerce Department intends to
provide separate 60-day notice in the
Federal Register requesting public
comment on the information collections
contained within this rule.
Agency: Commerce Department.
Type of Information Collection: New
Collection.
Title of the Collection: Procedures for
Submitting Requests for Exclusions
from the Remedies Instituted by the
President in the Presidential
Proclamations 9705 and 9704 of March
8, 2018 Adjusting Imports of Steel into
the United States and Adjusting Imports
of Aluminum into the United States.
Affected Public: Private Sector—
Businesses.
Total Estimated Number of
Respondents: [4,500].
Average Responses per Year: [1].
Total Estimated Number of
Responses: [4,500].
Average Time per Response: 4 hours.
Total Annual Time Burden: [18,000].
Type of Information Collection: [New
Collection].
OMB Control Number: [0694–0139].
Title of the Collection: Objection
Filing to Posted Section 232 Exclusion
Request: Steel; and Objection Filing to
Posted Section 232 Exclusion Request:
Aluminum, respectively.
Affected Public: Private Sector—
Businesses.
Total Estimated Number of
Respondents: [1,500].
Average Responses per Year: [1].
Total Estimated Number of
Responses: [1,500].
Average Time per Response: [4].
Total Annual Time Burden: [6,000].
Type of Information Collection: [New
Collection].
OMB Control Number: [0694–0138].
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
comment, and a delay in effective date
are inapplicable because this regulation
involves a military or foreign affairs
function of the United States. (See 5
U.S.C. 553(a)(1)). As explained in the
reports submitted by the Secretary to the
President, steel and aluminum are being
imported into the United States in such
quantities or under such circumstances
as to threaten to impair the national
security of the United States and
therefore the President is implementing
these remedial actions (as described
Proclamations 9704 and 9705 of March
8, 2018) to protect U.S. national security
interests. That implementation includes
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the creation of a process by which
affected domestic parties can obtain
exclusion requests ‘‘based upon specific
national security considerations.’’
In addition, the Department finds that
there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the
Administrative Procedure Act requiring
prior notice and the opportunity for
public comment and under 5 U.S.C.
553(d)(3) to waive the delay in effective
date because such delays would be
either impracticable or contrary to the
public interest. In order to ensure that
the actions taken to adjust imports do
not undermine users of steel or
aluminum that are subject to the
remedial actions instituted by the
Proclamations and are critical to
protecting the national security of the
United States, the Presidential
Proclamations authorized the Secretary
of Commerce, in consultation with the
Secretary of Defense, the Secretary of
the Treasury, the Secretary of State, the
United States Trade Representative, the
Assistant to the President for Economic
Policy, the Assistant to the President for
National Security Affairs, and other
senior Executive Branch officials as
appropriate, to grant exclusions for the
import of goods not currently available
in the United States in a sufficient
quantity or satisfactory quality, or for
other specific national security reasons.
He further directed the Secretary to,
within 10 days, issue procedures for
submitting and granting these requests
for exclusions and this interim final rule
fulfills that direction. The immediate
implementation of an effective
exclusion request process, consistent
with the intent of the Presidential
Proclamations, also requires creating a
process to allow any individual or
organization in the United States to
submit objections to submitted
exclusion requests.
If this interim final rule was delayed
to allow for public comment or for thirty
days before companies in the U.S. were
allowed to request exclusions from the
remedies instituted by the President,
those entities could face significant
economic hardship that could
potentially create a detrimental effect on
the general U.S. economy. Likewise, our
national security could be harmed if
particular national security
considerations justify an exclusion, but
the process for obtaining such exclusion
were delayed.
Because a notice of proposed
rulemaking and an opportunity for prior
public comment are not required for this
rule by 5 U.S.C. 553, or by any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly,
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no regulatory flexibility analysis is
required and none has been prepared.
Pursuant to Proclamations 9704 and
9705 of March 8, 2018, the
establishment of procedures for an
exclusion process under each
Proclamation shall be published in the
Federal Register and are exempt from
Executive Order 13771.
List of Subjects in 15 CFR Part 705
Administrative practice and
procedure, Business and industry,
Classified information, Confidential
business information, Imports,
Investigations, National Security.
For the reasons set forth in the
preamble, part 705 of Subchapter A,
National Security Industrial Base
Regulations, of 15 CFR chapter VII, is
amended as follows:
PART 705—[AMENDED]
1. The authority citation for part 705
is revised to read as follows:
■
Authority: Section 232 of the Trade
Expansion Act of 1962, as amended (19
U.S.C. 1862) and Reorg. Plan No. 3 of 1979
(44 FR 69273, December 3, 1979).
2. Part 705 is amended by adding
Supplement No. 1 and Supplement No.
2 to read as follows:
■
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Supplement No. 1 to Part 705—
Requirements for Submissions
Requesting Exclusions From the
Remedies Instituted in Presidential
Proclamation 9705 of March 8, 2018
Adjusting Imports of Steel Articles Into
the United States
On March 8, 2018, the President issued
Proclamation 9705 concurring with the
findings of the January 11, 2018 report of the
Secretary of Commerce on the effects of
imports of steel mill articles (steel articles)
identified in Proclamation 9705 (‘‘steel’’) on
the national security and determining that
adjusting steel imports through the
imposition of duties is necessary so that
imports of steel will no longer threaten to
impair the national security. The
Proclamation also authorized the Secretary of
Commerce, in consultation with the
Secretary of Defense, the Secretary of the
Treasury, the Secretary of State, the United
States Trade Representative, the Assistant to
the President for Economic Policy, the
Assistant to the President for National
Security Affairs, and other senior Executive
Branch officials as appropriate, to grant
exclusions from the duties for parties in the
United States affected by the duties if the
steel articles are determined not to be
produced in the United States in a sufficient
and reasonably available amount or of a
satisfactory quality or based upon specific
national security considerations.
(a) Scope. This supplement specifies the
requirements and process for how parties in
the United States may submit requests for
exclusions from the remedies instituted by
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the President. This supplement also specifies
the requirements and process for how parties
in the United States may submit objections
to submitted exclusion requests. This
supplement identifies the time periods for
which such exclusion requests and
objections to submitted exclusion requests
may be submitted, the method for submitting
such requests, and the information that must
be included in exclusion requests and
objections to submitted exclusion requests.
(b) Required forms. BIS has posted two
separate fillable forms on the BIS website at
https://www.bis.doc.gov/index.php/232-steel
and on the Federal rulemaking portal (https://
www.regulations.gov) that are to be used by
organizations for submitting exclusion
requests, and objections to exclusion requests
described in this supplement. On
regulations.gov, you can find these two forms
by searching for its regulations.gov docket
number, which is BIS–2018–0006. The U.S.
Department of Commerce requires requesters
and objectors to use the appropriate form as
specified under paragraphs (b)(1) and (b)(2)
of this supplement for submitting exclusion
requests and objections to submitted
exclusion requests.
(1) Form required for submitting exclusion
requests. The name of the form used for
submitting exclusion requests is Request for
Exclusion from Remedies Resulting from the
Section 232 National Security Investigation
of Imports of Steel.
(2) Form required for submitting objections
to submitted exclusion requests. The name of
the form used for submitting objections to
submitted exclusion requests is Response
Form for Objections to Posted Section 232
Exclusion Requests—Steel.
(3) Public disclosure. Information
submitted in exclusion requests and
objections to submitted exclusion requests
will be subject to public review and made
available for public inspection and copying.
Personally identifiable information,
including social security numbers and
employer identification numbers, should not
be provided. Information that is subject to
government-imposed access and
dissemination or other specific national
security controls, e.g., classified information
or information that has U.S. Government
restrictions on dissemination to non-U.S.
citizens or other categories of persons that
would prohibit public disclosure of the
information, may not be included in
exclusion requests or objections to submitted
exclusion requests. Individuals and
organizations that have proprietary or
otherwise business confidential information
that they believe relevant to the Secretary’s
consideration of the submitted exclusion
request or objections to submitted exclusion
requests should so indicate in the
appropriate field of the relevant form.
Individuals and organization must otherwise
fully complete the relevant forms.
Note to Paragraph (b) for Submission of
Supporting Documents (Attachments):
Supporting attachments must be submitted to
regulations.gov as PDF documents.
(c) Exclusion requests.
(1) Who may submit an exclusion request?
Only individuals or organizations using steel
in business activities (e.g., construction,
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manufacturing, or supplying steel product to
users) in the United States may submit
exclusion requests.
(2) Identification of exclusion requests. The
file name of the submission must include the
submitter’s name, date of submission, and
the 10-digit Harmonized Tariff Schedule of
the United States (HTSUS) statistical
reporting number. For example, if Company
A is submitting an exclusion request on June
1, 2018, the file should be named as follows:
‘‘Company A exclusion request of 6–1–18 for
7207200045 HTSUS.’’ Separate exclusion
requests must be submitted for steel products
with chemistry by percentage breakdown by
weight, metallurgical properties, surface
quality (e.g., galvanized, coated, etc.), and
distinct critical dimensions (e.g., 0.25-inch
rebar, 0.5-inch rebar; 0.5-inch sheet, or 0.75
sheet) covered by a common HTSUS
subheading. Separate exclusion requests
must also be submitted for products falling
in more than one 10-digit HTSUS statistical
reporting number. The Commerce
Department will approve exclusions on a
product basis and the approvals will be
limited to the individual or organization that
submitted the specific exclusion request,
unless Commerce approves a broader
application of the product-based exclusion
request to apply to additional importers.
Other individuals or organizations that wish
to submit an exclusion request for a steel or
aluminum product that has already been the
subject of an approved exclusion request may
submit an exclusion under this supplement.
These additional exclusion requests by other
individuals or organizations in the United
States are not required to reference the
previously approved exclusion, but
Commerce may take that into account when
reviewing a subsequent exclusion request.
Individuals and organizations in the United
States will not be precluded from submitting
a request for exclusion of a product even
though an exclusion request submitted for
that product by another requester or that
requester was denied or is no longer valid.
(3) Where to submit exclusion requests? All
exclusion requests must be in electronic form
and submitted to the Federal rulemaking
portal (https://www.regulations.gov). You can
find the interim final rule that added this
supplement by searching for the
regulations.gov docket number, which is
BIS–2018–0006.
(4) No time limit for submitting exclusion
requests. All exclusion requests must be in
electronic form and submitted to the Federal
rulemaking portal (https://
www.regulations.gov), but may be submitted
at any time.
(5) Substance of exclusion requests. An
exclusion request must specify the business
activities in the United States within which
the requester is engaged that authorize the
individual or organization to submit an
exclusion request. The request should clearly
identify, and provide support for, the basis
upon which the exclusion is sought. An
exclusion will only be granted if an article is
not produced in the United States in a
sufficient and reasonably available amount,
is not produced in the United States in a
satisfactory quality, or for a specific national
security consideration.
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Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations
(d) Objections to submitted exclusion
requests.
(1) Who may submit an objection to a
submitted exclusion request? Any individual
or organization in the United States may file
objections to steel exclusion requests, but the
Commerce Department will only consider
information directly related to the submitted
exclusion request that is the subject of the
objection.
(2) Identification of objections to submitted
exclusion requests. When submitting an
objection to a submitted exclusion request,
the objector must locate the exclusion request
and submit a comment on the submitted
exclusion request in regulations.gov. The file
name of the objection submission should
include the objector’s name, date of
submission of the objection, name of the
organization that submitted the exclusion
request, and date the exclusion request was
posted. For example, if Company B is
submitting on April 1, 2018, an objection to
an exclusion request submitted on March 15,
2018 by Company A, the file should be
named: ‘‘Company B objection_4–1–18 for
Company A exclusion request_3–15–18.’’ In
regulations.gov once an objection to a
submitted exclusion request is posted, the
objection will appear as a document under
the related exclusion request.
(3) Time limit for submitting objections to
submitted exclusions requests. All objections
to submitted exclusion requests must be in
electronic form and submitted to the Federal
rulemaking portal (https://
www.regulations.gov) no later than 30 days
after the related exclusion request is posted.
(4) Substance of objections to submitted
exclusion requests. The objection should
clearly identify, and provide support for, its
opposition to the proposed exclusion, with
reference to the specific basis identified in,
and the support provided for, the submitted
exclusion request.
(e) Limitations on the size of submissions.
Each exclusion request and each objection to
a submitted exclusion request is to be limited
to a maximum of 25 pages, respectively,
inclusive of all exhibits and attachments, but
exclusive of the respective forms. Any further
information required will be determined and
requested solely by the U.S. Department of
Commerce.
(f) Disposition of exclusion requests and
objections to submitted exclusion requests.
(1) Disposition of incomplete submission.
(A) Exclusion requests that do not satisfy
the reporting requirements specified in
paragraph (b) of this supplement will be
denied.
(B) Objection filings that do not satisfy the
specified reporting requirements will not be
considered.
(2) Disposition of complete submissions.
The U.S. Department of Commerce will post
responses in regulations.gov to each
exclusion request submitted under docket
number BIS–2018–0006. The BIS response to
an exclusion request will also be responsive
to any of the objection request(s) for that
submitted exclusion request submitted under
docket number BIS–2018–0006. Approved
exclusions will be effective five business
days after publication of the responses in
regulations.gov. Starting on that date, the
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requester will be able to rely upon the
approved exclusion request in calculating the
duties owed on the product imported in
accordance with the terms listed in the
approved exclusion request. Exclusions will
generally be approved for one year.
(3) Review period and implementation of
any needed conforming changes. The review
period normally will not exceed 90 days,
including adjudication of objections
submitted on exclusion requests. Other
agencies of the U.S. Government, such as the
United States International Trade
Commission (USITC) and U.S. Customs and
Border Protection (CBP), will take any
additional steps needed to implement an
approved exclusion request. The U.S.
Department of Commerce will provide CBP
with information that will identify each
approved exclusion request pursuant to this
supplement. Individuals or organizations
whose exclusion requests are approved must
report information concerning any applicable
exclusion in such form as CBP may require.
These exclusion identifiers will be used by
importers in the data collected by CBP in
order for CBP to determine whether an
import is within the scope of an approved
exclusion request.
(g) For further information. If you have
questions on this supplement, you may
contact Director, Industrial Studies, Office of
Technology Evaluation, Bureau of Industry
and Security, U.S. Department of Commerce,
(202) 482–5642, Steel232@bis.doc.gov
regarding steel exclusion requests and (202)
482–4757, Aluminum232@bis.doc.gov
regarding aluminum exclusion requests.
Supplement No. 2 to Part 705—
Requirements for Submissions
Requesting Exclusions From the
Remedies Instituted in Presidential
Proclamation 9704 of March 8, 2018 to
Adjusting Imports of Aluminum Into
the United States
On March 8, 2018, the President issued
Proclamation 9704 concurring with the
findings of the January 17, 2018 report of the
Secretary of Commerce on the investigation
into the effects of imports of aluminum
identified in Proclamation 9704
(‘‘aluminum’’) on the national security and
determining that adjusting aluminum
imports through the imposition of duties is
necessary so that imports of aluminum will
no longer threaten to impair the national
security. The Proclamation also authorized
the Secretary of Commerce, in consultation
with the Secretary of Defense, the Secretary
of the Treasury, the Secretary of State, the
United States Trade Representative, the
Assistant to the President for Economic
Policy, the Assistant to the President for
National Security Affairs, and other senior
Executive Branch officials as appropriate, to
grant exclusions from the duties for parties
in the United States affected by the duties if
the aluminum articles are determined not to
be produced in the United States in a
sufficient and reasonably available amount or
of a satisfactory quality or based upon
specific national security considerations.
(a) Scope. This supplement specifies the
requirements and process for how parties in
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Fmt 4701
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12111
the United States may submit requests for
exclusions from the remedies instituted by
the President. This supplement also specifies
the requirements and process for how parties
in the United States may submit objections
to submitted exclusion requests. This
supplement identifies the time periods for
which such exclusion requests and
objections to submitted exclusion requests
may be submitted, the method for submitting
such requests, and the information that must
be included in exclusion requests and
objections to submitted exclusion requests.
(b) Required forms. BIS has posted two
separate fillable forms on the BIS website at
https://www.bis.doc.gov/index.php/232aluminum and on the Federal rulemaking
portal (https://www.regulations.gov) that are
to be used by organizations for submitting
exclusion requests, and objections to
exclusion requests described in this
supplement. On regulations.gov, you can find
these two forms by searching for its
regulations.gov docket number, which is
BIS–2018–0002. The U.S. Department of
Commerce requires requesters and objectors
to use the appropriate form as specified
under paragraphs (b)(1) and (b)(2) for
submitting exclusion requests and objections
to submitted exclusion requests.
(1) Form required for submitting exclusion
requests. The name of the form used for
submitting exclusion requests is Request for
Exclusion from Remedies Resulting from the
Section 232 National Security Investigation
of Imports of Aluminum.
(2) Form required for submitting objections
to submitted exclusion requests. The name of
the form used for submitting objections to
submitted exclusion requests is Response
Form for Objections to Posted Section 232
Exclusion Requests—Aluminum.
(3) Public disclosure. Information
submitted in exclusion requests and
objections to submitted exclusion requests
will be subject to public review and made
available for public inspection and copying.
Personally identifiable information,
including social security numbers and
employer identification numbers, should not
be provided. Information that is subject to
government-imposed access and
dissemination or other specific national
security controls, e.g., classified information
or information that has U.S. Government
restrictions on dissemination to non-U.S.
citizens or other categories of persons that
would prohibit public disclosure of the
information, may not be included in
exclusion requests or objections to submitted
exclusion requests. Individuals and
organizations that have proprietary or
otherwise business confidential information
that they believe relevant to the Secretary’s
consideration of the submitted exclusion
request or objections to submitted exclusion
requests should so indicate in the
appropriate field of the relevant form.
Individuals and organization must otherwise
fully complete the relevant forms.
Note to Paragraph (b) for Submission of
Supporting Documents (Attachments):
Supporting attachments must be submitted to
regulations.gov as PDF documents.
(c) Exclusion requests.
(1) Who may submit an exclusion request?
Only individuals or organizations using
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sradovich on DSK3GMQ082PROD with RULES3
aluminum in business activities (e.g.,
construction, manufacturing, or supplying
aluminum product to users) in the United
States may submit exclusion requests.
(2) Identification of exclusion requests. The
file name of the submission must include the
submitter’s name, date of submission, and
the 10-digit Harmonized Tariff Schedule of
the United States (HTSUS) statistical
reporting number. For example, if Company
A is submitting an exclusion request on June
1, 2018, the file should be named as follows:
‘‘Company A exclusion request of 6–1–18 for
7604293050 HTSUS.’’ Separate exclusion
requests must be submitted for aluminum
products with distinct critical dimensions
(e.g., 10 mm diameter bar, 15 mm bar, or 20
mm bar) covered by a common HTSUS
statistical reporting number. Separate
exclusion requests must also be submitted for
products falling in more than one 10-digit
HTSUS statistical reporting number. The
Commerce Department will approve
exclusions on a product basis and the
approvals will be limited to the individual or
organization that submitted the specific
exclusion request, unless Commerce
approves a broader application of the
product-based exclusion request to apply to
additional importers. Other individuals or
organizations that wish to submit an
exclusion request for a steel or aluminum
product that has already been the subject of
an approved exclusion request may submit
an exclusion under this supplement. These
additional exclusion requests by other
individuals or organizations in the United
States are not required to reference the
previously approved exclusion, but
Commerce may take that into account when
reviewing a subsequent exclusion request.
Individuals and organizations in the United
States will not be precluded from submitting
a request for exclusion of a product even
though an exclusion request submitted for
that product by another requester or that
requester was denied or is no longer valid.
(3) Where to submit exclusion requests? All
exclusion requests must be in electronic form
and submitted to the Federal rulemaking
portal (https://www.regulations.gov). You can
find the interim final rule that added this
supplement by searching for the
regulations.gov docket number, which is
BIS–2018–0002.
(4) No time limit for submitting exclusion
requests. All exclusion requests must be in
electronic form and submitted to the Federal
rulemaking portal (https://
www.regulations.gov), but may be submitted
at any time.
(5) Substance of exclusion requests. An
exclusion request must specify the business
activities in the United States within which
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Jkt 244001
the requester is engaged that authorize the
individual or organization to submit an
exclusion request. The request should clearly
identify, and provide support for, the basis
upon which the exclusion is sought. An
exclusion will only be granted if an article is
not produced in the United States in a
sufficient and reasonably available amount,
is not produced in the United States in a
satisfactory quality, or for a specific national
security consideration.
(d) Objections to submitted exclusion
requests.
(1) Who may submit an objection to a
submitted exclusion request? Any individual
or organization in the United States may file
objections to steel exclusion requests, but the
Commerce Department will only consider
information directly related to the submitted
exclusion request that is the subject of the
objection.
(2) Identification of objections to submitted
exclusion requests. When submitting an
objection to a submitted exclusion request,
the objector must locate the exclusion request
and submit a comment on the submitted
exclusion request in regulations.gov. The file
name of the objection submission should
include the objector’s name, date of
submission of the objection, name of the
organization that submitted the exclusion
request, and date the exclusion request was
posted. For example, if Company X is
submitting on April 1, 2018, an objection to
an exclusion request submitted on March 15,
2018 by Company A, the file should be
named: ‘‘Company X objection_4–1–18 for
Company A exclusion request_3–15–18.’’ In
regulations.gov once an objection to a
submitted exclusion request is posted, the
objection will appear as a document under
the related exclusion request.
(3) Time limit for submitting objections to
submitted exclusions requests. All objections
to submitted exclusion requests must be in
electronic form and submitted to the Federal
rulemaking portal (https://
www.regulations.gov) no later than 30 days
after the related exclusion request is posted.
(4) Substance of objections to submitted
exclusion requests. The objection should
clearly identify, and provide support for, its
opposition to the proposed exclusion, with
reference to the specific basis identified in,
and the support provided for, the submitted
exclusion request.
(e) Limitations on the size of submissions.
Each exclusion request and each objection to
a submitted exclusion request is to be limited
to a maximum of 25 pages, respectively,
inclusive of all exhibits and attachments, but
exclusive of the respective forms. Any further
information required will be determined and
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Sfmt 9990
requested solely by the U.S. Department of
Commerce.
(f) Disposition of exclusion requests and
objections to submitted exclusion requests.
(1) Disposition of incomplete submission.
(A) Exclusion requests that do not satisfy
the reporting requirements specified in
paragraph (b) of this supplement will be
denied.
(B) Objection filings that do not satisfy the
reporting requirements specified in
paragraph (b) will not be considered.
(2) Disposition of complete submissions.
The U.S. Department of Commerce will post
responses in regulations.gov to each
exclusion request submitted under docket
number BIS–2018–0002. The BIS response to
an exclusion request will also be responsive
to any of the objection request(s) for that
submitted exclusion request submitted under
docket number BIS–2018–0002. Approved
exclusions will be effective five business
days after publication of the responses in
regulations.gov. Starting on that date,
importers will be considered to be excluded.
Exclusions will generally be approved for
one year.
(3) Review period and implementation of
any needed conforming changes. The review
period normally will not exceed 90 days,
including adjudication of objections
submitted on exclusion requests. Other
agencies of the U.S. Government, such as she
United States International Trade
Commission (USITC) and U.S. Customs and
Border Protection, will take any additional
steps needed to implement an approved
exclusion request. The U.S. Department of
Commerce will provide CBP with
information that will identify each approved
exclusion request pursuant to this
supplement. Importers are directed to report
information concerning any applicable
exclusion granted by Commerce in such form
as CBP may require. These exclusion
identifiers will be used by importers in the
data collected by CBP in order for CBP to
determine whether an import is within the
scope of an approved exclusion request.
(g) For further information. If you have
questions on this supplement, you may
contact Director, Industrial Studies, Office of
Technology Evaluation, Bureau of Industry
and Security, U.S. Department of Commerce,
(202) 482–5642, Steel232@bis.doc.gov
regarding steel exclusion requests and (202)
482–4757, Aluminum232@bis.doc.gov
regarding aluminum exclusion requests.
Wilbur L. Ross,
Secretary of Commerce.
[FR Doc. 2018–05761 Filed 3–16–18; 4:15 pm]
BILLING CODE 3510–33–P
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]]>Agencies
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 12106-12112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05761]
[[Page 12105]]
Vol. 83
Monday,
No. 53
March 19, 2018
Part III
Department of Commerce
-----------------------------------------------------------------------
Bureau of Industry and Security
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15 CFR Part 705
Requirements for Submissions Requesting Exclusions From the Remedies
Instituted in Presidential Proclamations Adjusting Imports of Steel
Into the United States and Adjusting Imports of Aluminum Into the
United States; and the Filing of Objections to Submitted Exclusion
Requests for Steel and Aluminum; Interim Final Rule
Federal Register / Vol. 83 , No. 53 / Monday, March 19, 2018 / Rules
and Regulations
[[Page 12106]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 705
[Docket No. 180227217-8217-01]
RIN 0694-AH55
Requirements for Submissions Requesting Exclusions From the
Remedies Instituted in Presidential Proclamations Adjusting Imports of
Steel Into the United States and Adjusting Imports of Aluminum Into the
United States; and the Filing of Objections to Submitted Exclusion
Requests for Steel and Aluminum
AGENCY: Bureau of Industry and Security, Office of Technology
Evaluation, U.S. Department of Commerce.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: This interim final rule amends the National Security
Industrial Base Regulations to add two new supplements. The new
supplements set forth the process for how parties in the United States
may submit requests for exclusions from actions taken by the President
(``exclusion requests'') to protect national security from threats
resulting from imports of specified articles. The new supplements also
set forth the requirements and process for how parties in the United
States may submit objections to the granting of an exclusion request.
The supplements are being added to implement Presidential
Proclamations 9704 and 9705 of March 8, 2018 (``Proclamations''),
adjusting imports of steel articles identified in Proclamation 9705
(``steel'') and aluminum articles identified in Proclamation 9704
(``aluminum'') through the imposition of duties so that imports of
steel articles and aluminum articles will no longer threaten to impair
the national security. As set forth in the Proclamations, the President
concurred with the findings of the Secretary of Commerce
(``Secretary'') in two reports to the President on the investigations
under section 232 of the Trade Expansion Act of 1962, as amended, of
the effect of imports of steel and aluminum, respectively, on the
national security of the United States. The Proclamations authorize the
Secretary to grant exclusions from the duties upon request of affected
parties if the steel or aluminum articles are determined not to be
produced in the United States in a sufficient and reasonably available
amount or of a satisfactory quality or based upon specific national
security considerations. The President directed the Secretary to
promulgate regulations as may be necessary to set forth the procedures
for an exclusion process.
DATES:
Effective date of interim final rule: This interim final
rule is effective March 19, 2018.
Comments on this interim final rule: Comments on this
interim final rule must be received by BIS no later than May 18, 2018.
See SUPPLEMENTARY INFORMATION section for information on submitting
exclusion requests and objections thereto.
ADDRESSES: All comments on the interim final must be submitted by one
of the following methods:
By the Federal eRulemaking Portal: https://www.regulations.gov. Comments on the interim final rule may be
submitted to regulations.gov docket number BIS-2018-0006 or to BIS-
2018-0002, or to both docket numbers.
By email directly to [email protected]. Include
RIN 0694-AH55 in the subject line.
By mail or delivery to Regulatory Policy Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th
Street and Pennsylvania Avenue NW, Washington, DC 20230. Refer to RIN
0694-AH55.
All exclusion requests and objections to submitted exclusion
requests must be in electronic form and submitted to the Federal
rulemaking portal (https://www.regulations.gov).
Steel: This interim final rule can be found by searching for its
regulations.gov docket number, BIS-2018-0006, which is the document
number being used for the steel exclusion requests and objection
requests.
Aluminum: This interim final rule can also be found by searching
for its regulations.gov docket number, BIS-2018-0002, which is the
document number being used for the aluminum exclusion requests and
objection requests.
All exclusion requests, objections to submitted exclusion requests,
and comments on the interim final rule will be made available for
public inspection and copying. All exclusion requests, objections to
submitted exclusion requests, and comments on the interim final rule
will be made available for public inspection and copying. Information
that is subject to government-imposed access and dissemination or other
specific national security controls, e.g., classified information or
information that has U.S. Government restrictions on dissemination to
non-U.S. citizens or other categories of persons that would prohibit
public disclosure of the information, may not be included in exclusion
requests or objections to submitted exclusion requests. Additionally,
personally identifiable information, including social security numbers
and employer identification numbers, should not be provided.
Individuals and organizations submitting exclusion requests or an
objection to submitted exclusion requests are responsible for ensuring
such information is not included. Individuals and organizations that
have proprietary or otherwise business confidential information that
they believe relevant to the Secretary's consideration of the submitted
exclusion request or objections to submitted exclusion requests should
so indicate in the appropriate field of the relevant form. Individuals
and organization must otherwise fully complete the relevant forms.
Comments on the interim final rule may be submitted to
regulations.gov docket number BIS-2018-0006 or to BIS-2018-0002, or to
both docket numbers.
Exclusion requests and objections to submitted exclusion requests
must be submitted to the respective document number for steel or
aluminum.
FOR FURTHER INFORMATION CONTACT: Brad Botwin, Director, Industrial
Studies, Office of Technology Evaluation, Bureau of Industry and
Security, U.S. Department of Commerce (202) 482-5642,
[email protected] regarding steel exclusion requests and (202) 482-
4757, [email protected] regarding aluminum exclusion requests.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2017, the Secretary initiated an investigation under
section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C.
1862), to determine the effects on the national security of imports of
steel. On April 20, 2017, the President signed a memorandum directing
the Secretary to proceed expeditiously in conducting his investigation
and submit a report on his findings to the President. The President
further directed that if the Secretary finds that steel is being
imported into the United States in such quantities or under such
circumstances as to threaten to impair the national security, the
Secretary shall recommend actions and steps that should be taken to
adjust steel imports so that they will not threaten to impair the
national security.
On April 26, 2017, the Secretary initiated an investigation under
section
[[Page 12107]]
232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), to
determine the effects on the national security of imports of aluminum.
On April 27, 2017, the President signed a memorandum directing the
Secretary to proceed expeditiously in conducting his investigation and
submit a report on his findings to the President. The President further
directed that if the Secretary finds that aluminum is being imported
into the United States in such quantities or under such circumstances
as to threaten to impair the national security, the Secretary shall
recommend actions and steps that should be taken to adjust aluminum
imports so that they will not threaten to impair the national security.
On March 8, 2018, the President issued Proclamations 9704 and 9705
concurring with the findings of the two reports and determining that
adjusting imports through the imposition of duties on steel articles
and aluminum articles is necessary so that imports of steel and
aluminum will no longer threaten to impair the national security. The
Key Findings of the Steel and Aluminum Reports, Recommendations of the
Steel and Aluminum Reports, and web links to the January 11, 2018 Steel
Report, and the January 17, 2018 Aluminum Report are available on the
Department of Commerce website: https://www.commerce.gov/news/press-releases/2018/02/secretary-ross-releases-steel-and-aluminum-232-reports-coordination.
The Proclamations also authorized the Secretary, in consultation
with the Secretary of Defense, the Secretary of the Treasury, the
Secretary of State, the United States Trade Representative, the
Assistant to the President for Economic Policy, the Assistant to the
President for National Security Affairs, and other senior executive
branch officials as appropriate, to grant exclusions from the duties
for domestic parties affected by the duties, if the Secretary
determines the steel or aluminum article for which the exclusion is
requested is not produced in the United States in a sufficient and
reasonably available amount or of a satisfactory quality or should be
excluded based upon specific national security considerations. The
President directed the Secretary to promulgate regulations as may be
necessary to implement an exclusion process.
This interim final rule amends the National Security Industrial
Base Regulations (15 CFR parts 700-705) to add two new supplements to
part 705 which set forth the requirements and process for how parties
in the United States may submit requests for exclusions from the
remedies instituted by the President in the Proclamations (``exclusion
requests''). The new supplements also set forth the requirements and
process for how parties in the United States may submit objections to
the granting of exclusion requests.
Only individuals or organizations using steel articles identified
in Proclamation 9705 in business activities (e.g., construction,
manufacturing, or supplying steel to users) in the United States may
submit exclusion requests with respect to that Proclamation. This
limitation recognizes the close relation of the economic welfare of the
Nation to our national security by affording those who contribute to
that economic welfare through business activities in the United States
the opportunity to submit exclusion requests based on particular
economic and national security considerations. Allowing individuals or
organizations not engaged in business activities in the United States
to seek exclusion requests could undermine the adjustment of imports
that the President determined was necessary to address the threat to
national security posed by the current import of steel articles. Any
individual or organization in the United States may file objections to
steel exclusion requests, but the Commerce Department will only
consider information directly related to the submitted exclusion
request that is the subject of the objection.
Only individuals or organizations using aluminum articles
identified in Proclamation 9704 in business activities (e.g.,
construction, manufacturing, or supplying aluminum to users) in the
United States may submit exclusion requests. This limitation recognizes
the close relation of the economic welfare of the Nation to our
national security by affording those who contribute to that economic
welfare through business activities in the United States the
opportunity to submit exclusion requests based on particular economic
and national security considerations. Allowing individuals or
organizations not engaged in business activities in the United States
to seek exclusion requests could undermine the adjustment of imports
that the President determined was necessary to address the threat to
national security posed by the current import of aluminum articles. Any
individual or organization in the United States may file objections to
exclusion requests, but the Commerce Department will only consider
information directly related to the submitted exclusion request that is
the subject of the objection.
Approved exclusions will be made on a product basis and will be
limited to the individual or organization that submitted the specific
exclusion request, unless Commerce approves a broader application of
the product based exclusion request to apply to additional importers.
Other individuals or organizations that wish to submit an exclusion
request for a steel or aluminum product already approved for exclusion
may submit an exclusion request under the two new supplements. Such
follow-on requesters of exclusion requests are not required to
reference a previously approved exclusion, but Commerce may take that
into account when reviewing a subsequent exclusion request.
In addition, individuals and organizations will not be precluded
from submitting a request for exclusion of a product where a previous
exclusion request for the same product had been denied or is no longer
valid. For example, it might be that the first exclusion request was
inadequate to demonstrate the criteria were met for approving that
exclusion request. The later requester should, however, submit new or
different information in an attempt to meet the criteria for approving
an exclusion request for that product.
Addition of New Supplements
This interim final rule amends part 705 (Effects of Imported
Articles on the National Security) by adding Supplement No. 1--
Requirements for Submissions Requesting Exclusions from the Remedies
Instituted in Presidential Proclamation 9705 of March 8, 2018 Adjusting
Imports of Steel into the United States. This interim final rule also
amends part 705 by adding Supplement No. 2--Requirements for
Submissions Requesting Exclusions from the Remedies Instituted in
Presidential Proclamation 9704 of March 8, 2018 Adjusting Imports of
Aluminum into the United States. The two new supplements specify the
requirements and process for how parties may submit exclusion requests.
The new supplements also specify the requirements and process for how
parties may submit objections to exclusion requests.
The two new supplements follow the same structure, but have
different criteria based on the differences between the steel and
aluminum industries.
These new supplements consist of introductory text that describe
the Section 232 steel or aluminum Proclamation issued by the President
imposing duties on the imports of steel articles and aluminum articles.
[[Page 12108]]
Paragraph (a)(Scope) defines the scope of the supplement.
Paragraph (b)(Required forms) identifies the forms that must be
used to submit an exclusion request or an objection to an exclusion
request pursuant to each new supplement. Paragraph (b) also describes
the requirements to provide the requested information on the applicable
form in order to submit an exclusion request or an objection to a
submitted exclusion request. Paragraph (b)(3)(Public disclosure)
specifies that information included in exclusion requests and
objections to submitted exclusion requests will be subject to public
disclosure. Paragraph (b)(3) also specifies that personally
identifiable information, including social security numbers and
employer identification numbers, should not be provided. Information
that is subject to government-imposed access and dissemination or other
specific national security controls, e.g., classified information or
information that has U.S. Government restrictions on dissemination to
non-U.S. citizens or other categories of persons that would prohibit
public disclosure of the information, may not be included in exclusion
requests or objections to submitted exclusion requests. Individuals and
organizations that have proprietary or otherwise business confidential
information that they believe relevant to the Secretary's consideration
of the submitted exclusion request or objections to submitted exclusion
requests should so indicate in the appropriate field of the relevant
form. Individuals and organization must otherwise fully complete the
relevant forms.
The criteria in paragraph (b) of each supplement are slightly
different to make the paragraph specific to steel in Supplement No. 1
and specific to aluminum in Supplement No. 2; otherwise, paragraph (b)
follows the same structure in the two new supplements. The
regulations.gov docket number is different for Supplement No. 1 and
Supplement No. 2, as is the BIS website address where copies of the
respective forms may be located.
Paragraph (c)(Exclusion requests) describes additional requirements
for submitting exclusion requests. Paragraphs (c)(1) to (4) specify
which individuals or organizations may submit exclusion requests, how
exclusion requests must be identified and submitted in regulations.gov,
and the time limit for submitting exclusion requests. All exclusion
requests must be in electronic form, but may be submitted at any time.
Paragraph (c)(5) specifies the substance that must be addressed in an
exclusion request. The criteria in paragraph (c) of each supplement are
slightly different to make the paragraphs specific to steel in
Supplement No. 1 and specific to aluminum in Supplement No. 2, but
otherwise follow the same structure in the two new supplements.
Paragraph (d)(Objections to submitted exclusion requests) describes
additional requirements for submitting objections to submitted
exclusion requests. Paragraphs (d)(1) to (3) specify how objections
must be identified and submitted in regulations.gov and the time limit
for submitting objections to submitted exclusion requests. All
objections to the granting of an exclusion request must be in
electronic form and submitted no later than 30 days after the related
exclusion request is posted. Paragraph (d)(4) specifies the substance
that must be addressed in an objection. The criteria in paragraph (d)
of each supplement are slightly different to make the paragraphs
specific to steel in Supplement No. 1 and specific to aluminum in
Supplement No. 2, but otherwise follow the same structure in the two
new supplements.
Paragraph (e)(Limitations on the size of submissions) applies to
exclusion requests and objections to submitted exclusion requests.
Paragraph (e) imposes a page limit on any exclusion request or
objection to a submitted exclusion request. The respective forms are
not counted for determining the page limitation.
Paragraph (f)(Disposition of exclusion requests and objections to
submitted exclusion requests), includes a paragraph (f)(1) to specify
what happens to exclusion requests and objections to submitted
exclusion requests that do not satisfy all of the requirements in the
supplement. Paragraph (f)(2) describes how BIS will respond to complete
submissions for exclusion requests and objections to submitted
exclusion requests. Paragraph (f)(2) also states that the BIS response
to an exclusion request will also be responsive to any objection(s) for
that submitted exclusion request. BIS will have a single response to
each exclusion request that will be posted in regulations.gov. This
single BIS response will also take into account any objection(s) to the
submitted exclusion request.
Paragraph (g)(For further information) will identify the point of
contact for further questions on the two new supplements.
Relationship Between Country-Based Exemptions Specified in the
Presidential Proclamations, and the Product-Based Exclusion and
Objection Process Included in This Rule
The process described above for the two new supplements is separate
and apart from the process by which countries may seek exemptions from
the duties imposed by the President. The process established in this
interim final rule is limited to the issuance of product-based
exclusions as authorized by the President. Consistent with the
President's instructions, the criteria in the forms and supplements are
primarily focused on the availability of the product in the United
States. The Secretary will consider information about supply in other
countries to the extent relevant to determining whether specific
national security considerations warrant an exclusion. Commenters on
this interim final rule may submit comments regarding how and whether
or not the country of origin of a proposed product should be considered
by Commerce as part of the process for reviewing product-based
exclusion requests.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be a ``significant
regulatory action,'' although not economically significant, under
section 3(f) of Executive Order 12866. However, as stated under Section
4 of Presidential Proclamation 9704 and Section 4 of Proclamation 9705
of March 8, 2018, this rule is exempt from Executive Order 13771 (82 FR
9339, February 3, 2017).
2. The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
(PRA) provides that an agency generally cannot conduct or sponsor a
collection of information, and no person is required to respond to nor
be subject to a penalty for failure to comply with a collection of
information, unless that collection has obtained Office of Management
and Budget (OMB) approval and displays a currently valid OMB Control
Number.
[[Page 12109]]
The Commerce Department requested and OMB authorized emergency
processing of two information collections involved in this rule,
consistent with 5 CFR 1320.13. The Presidential Proclamations
authorized the Secretary of Commerce, in consultation with the
Secretary of Defense, the Secretary of the Treasury, the Secretary of
State, the United States Trade Representative, the Assistant to the
President for Economic Policy, the Assistant to the President for
National Security Affairs, and other senior Executive Branch officials
as appropriate, to grant exclusions for the import of goods not
currently available in the United States in a sufficient quantity or
satisfactory quality, or for other specific national security reasons.
He further directed the Secretary to establish the process for
submitting and granting these requests for exclusions within 10 days,
and this interim final rule fulfills that direction. The immediate
implementation of an effective exclusion request process, consistent
with the intent of the Presidential Proclamations, also requires
creating a process to allow any individual or organization in the
United States to submit objections to submitted exclusion requests. The
Department has determined the following conditions have been met:
a. The collection of information is needed prior to the expiration
of time periods normally associated with a routine submission for
review under the provisions of the Paperwork Reduction Act in view of
the President's proclamations issued on March 8, 2018, for the
Presidential Proclamation on Adjusting Imports of Steel into the United
States, https://www.whitehouse.gov/presidential-actions/presidential-proclamation-adjusting-imports-steel-united-states/, and for the
Presidential Proclamation on Adjusting Imports of Aluminum into the
United States, https://www.whitehouse.gov/presidential-actions/presidential-proclamation-adjusting-imports-aluminum-united-states/.
b. The collection of information is essential to the mission of the
Department, in particular to the adjudication of exclusion requests and
objections to exclusions requests.
c. The use of normal clearance procedures would prevent the
collection of information of exclusion requests and objections to
exclusion requests, for national security purposes, as discussed under
section 232 of the Trade Expansion Act of 1962 as amended and the
Presidential Proclamations issued on March 8, 2018.
Commerce Department intends to provide separate 60-day notice in
the Federal Register requesting public comment on the information
collections contained within this rule.
Agency: Commerce Department.
Type of Information Collection: New Collection.
Title of the Collection: Procedures for Submitting Requests for
Exclusions from the Remedies Instituted by the President in the
Presidential Proclamations 9705 and 9704 of March 8, 2018 Adjusting
Imports of Steel into the United States and Adjusting Imports of
Aluminum into the United States.
Affected Public: Private Sector--Businesses.
Total Estimated Number of Respondents: [4,500].
Average Responses per Year: [1].
Total Estimated Number of Responses: [4,500].
Average Time per Response: 4 hours.
Total Annual Time Burden: [18,000].
Type of Information Collection: [New Collection].
OMB Control Number: [0694-0139].
Title of the Collection: Objection Filing to Posted Section 232
Exclusion Request: Steel; and Objection Filing to Posted Section 232
Exclusion Request: Aluminum, respectively.
Affected Public: Private Sector--Businesses.
Total Estimated Number of Respondents: [1,500].
Average Responses per Year: [1].
Total Estimated Number of Responses: [1,500].
Average Time per Response: [4].
Total Annual Time Burden: [6,000].
Type of Information Collection: [New Collection].
OMB Control Number: [0694-0138].
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment, and a delay in effective date are inapplicable because
this regulation involves a military or foreign affairs function of the
United States. (See 5 U.S.C. 553(a)(1)). As explained in the reports
submitted by the Secretary to the President, steel and aluminum are
being imported into the United States in such quantities or under such
circumstances as to threaten to impair the national security of the
United States and therefore the President is implementing these
remedial actions (as described Proclamations 9704 and 9705 of March 8,
2018) to protect U.S. national security interests. That implementation
includes the creation of a process by which affected domestic parties
can obtain exclusion requests ``based upon specific national security
considerations.''
In addition, the Department finds that there is good cause under 5
U.S.C. 553(b)(B) to waive the provisions of the Administrative
Procedure Act requiring prior notice and the opportunity for public
comment and under 5 U.S.C. 553(d)(3) to waive the delay in effective
date because such delays would be either impracticable or contrary to
the public interest. In order to ensure that the actions taken to
adjust imports do not undermine users of steel or aluminum that are
subject to the remedial actions instituted by the Proclamations and are
critical to protecting the national security of the United States, the
Presidential Proclamations authorized the Secretary of Commerce, in
consultation with the Secretary of Defense, the Secretary of the
Treasury, the Secretary of State, the United States Trade
Representative, the Assistant to the President for Economic Policy, the
Assistant to the President for National Security Affairs, and other
senior Executive Branch officials as appropriate, to grant exclusions
for the import of goods not currently available in the United States in
a sufficient quantity or satisfactory quality, or for other specific
national security reasons. He further directed the Secretary to, within
10 days, issue procedures for submitting and granting these requests
for exclusions and this interim final rule fulfills that direction. The
immediate implementation of an effective exclusion request process,
consistent with the intent of the Presidential Proclamations, also
requires creating a process to allow any individual or organization in
the United States to submit objections to submitted exclusion requests.
If this interim final rule was delayed to allow for public comment
or for thirty days before companies in the U.S. were allowed to request
exclusions from the remedies instituted by the President, those
entities could face significant economic hardship that could
potentially create a detrimental effect on the general U.S. economy.
Likewise, our national security could be harmed if particular national
security considerations justify an exclusion, but the process for
obtaining such exclusion were delayed.
Because a notice of proposed rulemaking and an opportunity for
prior public comment are not required for this rule by 5 U.S.C. 553, or
by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly,
[[Page 12110]]
no regulatory flexibility analysis is required and none has been
prepared.
Pursuant to Proclamations 9704 and 9705 of March 8, 2018, the
establishment of procedures for an exclusion process under each
Proclamation shall be published in the Federal Register and are exempt
from Executive Order 13771.
List of Subjects in 15 CFR Part 705
Administrative practice and procedure, Business and industry,
Classified information, Confidential business information, Imports,
Investigations, National Security.
For the reasons set forth in the preamble, part 705 of Subchapter
A, National Security Industrial Base Regulations, of 15 CFR chapter
VII, is amended as follows:
PART 705--[AMENDED]
0
1. The authority citation for part 705 is revised to read as follows:
Authority: Section 232 of the Trade Expansion Act of 1962, as
amended (19 U.S.C. 1862) and Reorg. Plan No. 3 of 1979 (44 FR 69273,
December 3, 1979).
0
2. Part 705 is amended by adding Supplement No. 1 and Supplement No. 2
to read as follows:
Supplement No. 1 to Part 705--Requirements for Submissions Requesting
Exclusions From the Remedies Instituted in Presidential Proclamation
9705 of March 8, 2018 Adjusting Imports of Steel Articles Into the
United States
On March 8, 2018, the President issued Proclamation 9705
concurring with the findings of the January 11, 2018 report of the
Secretary of Commerce on the effects of imports of steel mill
articles (steel articles) identified in Proclamation 9705
(``steel'') on the national security and determining that adjusting
steel imports through the imposition of duties is necessary so that
imports of steel will no longer threaten to impair the national
security. The Proclamation also authorized the Secretary of
Commerce, in consultation with the Secretary of Defense, the
Secretary of the Treasury, the Secretary of State, the United States
Trade Representative, the Assistant to the President for Economic
Policy, the Assistant to the President for National Security
Affairs, and other senior Executive Branch officials as appropriate,
to grant exclusions from the duties for parties in the United States
affected by the duties if the steel articles are determined not to
be produced in the United States in a sufficient and reasonably
available amount or of a satisfactory quality or based upon specific
national security considerations.
(a) Scope. This supplement specifies the requirements and
process for how parties in the United States may submit requests for
exclusions from the remedies instituted by the President. This
supplement also specifies the requirements and process for how
parties in the United States may submit objections to submitted
exclusion requests. This supplement identifies the time periods for
which such exclusion requests and objections to submitted exclusion
requests may be submitted, the method for submitting such requests,
and the information that must be included in exclusion requests and
objections to submitted exclusion requests.
(b) Required forms. BIS has posted two separate fillable forms
on the BIS website at https://www.bis.doc.gov/index.php/232-steel
and on the Federal rulemaking portal (https://www.regulations.gov)
that are to be used by organizations for submitting exclusion
requests, and objections to exclusion requests described in this
supplement. On regulations.gov, you can find these two forms by
searching for its regulations.gov docket number, which is BIS-2018-
0006. The U.S. Department of Commerce requires requesters and
objectors to use the appropriate form as specified under paragraphs
(b)(1) and (b)(2) of this supplement for submitting exclusion
requests and objections to submitted exclusion requests.
(1) Form required for submitting exclusion requests. The name of
the form used for submitting exclusion requests is Request for
Exclusion from Remedies Resulting from the Section 232 National
Security Investigation of Imports of Steel.
(2) Form required for submitting objections to submitted
exclusion requests. The name of the form used for submitting
objections to submitted exclusion requests is Response Form for
Objections to Posted Section 232 Exclusion Requests--Steel.
(3) Public disclosure. Information submitted in exclusion
requests and objections to submitted exclusion requests will be
subject to public review and made available for public inspection
and copying. Personally identifiable information, including social
security numbers and employer identification numbers, should not be
provided. Information that is subject to government-imposed access
and dissemination or other specific national security controls,
e.g., classified information or information that has U.S. Government
restrictions on dissemination to non-U.S. citizens or other
categories of persons that would prohibit public disclosure of the
information, may not be included in exclusion requests or objections
to submitted exclusion requests. Individuals and organizations that
have proprietary or otherwise business confidential information that
they believe relevant to the Secretary's consideration of the
submitted exclusion request or objections to submitted exclusion
requests should so indicate in the appropriate field of the relevant
form. Individuals and organization must otherwise fully complete the
relevant forms.
Note to Paragraph (b) for Submission of Supporting Documents
(Attachments): Supporting attachments must be submitted to
regulations.gov as PDF documents.
(c) Exclusion requests.
(1) Who may submit an exclusion request? 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.
(2) Identification of exclusion requests. The file name of the
submission must include the submitter's name, date of submission,
and the 10-digit Harmonized Tariff Schedule of the United States
(HTSUS) statistical reporting number. For example, if Company A is
submitting an exclusion request on June 1, 2018, the file should be
named as follows: ``Company A exclusion request of 6-1-18 for
7207200045 HTSUS.'' Separate exclusion requests must be submitted
for steel products with chemistry by percentage breakdown by weight,
metallurgical properties, surface quality (e.g., galvanized, coated,
etc.), and distinct critical dimensions (e.g., 0.25-inch rebar, 0.5-
inch rebar; 0.5-inch sheet, or 0.75 sheet) covered by a common HTSUS
subheading. Separate exclusion requests must also be submitted for
products falling in more than one 10-digit HTSUS statistical
reporting number. The Commerce Department will approve exclusions on
a product basis and the approvals will be limited to the individual
or organization that submitted the specific exclusion request,
unless Commerce approves a broader application of the product-based
exclusion request to apply to additional importers. Other
individuals or organizations that wish to submit an exclusion
request for a steel or aluminum product that has already been the
subject of an approved exclusion request may submit an exclusion
under this supplement. These additional exclusion requests by other
individuals or organizations in the United States are not required
to reference the previously approved exclusion, but Commerce may
take that into account when reviewing a subsequent exclusion
request. Individuals and organizations in the United States will not
be precluded from submitting a request for exclusion of a product
even though an exclusion request submitted for that product by
another requester or that requester was denied or is no longer
valid.
(3) Where to submit exclusion requests? All exclusion requests
must be in electronic form and submitted to the Federal rulemaking
portal (https://www.regulations.gov). You can find the interim final
rule that added this supplement by searching for the regulations.gov
docket number, which is BIS-2018-0006.
(4) No time limit for submitting exclusion requests. All
exclusion requests must be in electronic form and submitted to the
Federal rulemaking portal (https://www.regulations.gov), but may be
submitted at any time.
(5) Substance of exclusion requests. An exclusion request must
specify the business activities in the United States within which
the requester is engaged that authorize the individual or
organization to submit an exclusion request. The request should
clearly identify, and provide support for, the basis upon which the
exclusion is sought. An exclusion will only be granted if an article
is not produced in the United States in a sufficient and reasonably
available amount, is not produced in the United States in a
satisfactory quality, or for a specific national security
consideration.
[[Page 12111]]
(d) Objections to submitted exclusion requests.
(1) Who may submit an objection to a submitted exclusion
request? Any individual or organization in the United States may
file objections to steel exclusion requests, but the Commerce
Department will only consider information directly related to the
submitted exclusion request that is the subject of the objection.
(2) Identification of objections to submitted exclusion
requests. When submitting an objection to a submitted exclusion
request, the objector must locate the exclusion request and submit a
comment on the submitted exclusion request in regulations.gov. The
file name of the objection submission should include the objector's
name, date of submission of the objection, name of the organization
that submitted the exclusion request, and date the exclusion request
was posted. For example, if Company B is submitting on April 1,
2018, an objection to an exclusion request submitted on March 15,
2018 by Company A, the file should be named: ``Company B
objection_4-1-18 for Company A exclusion request_3-15-18.'' In
regulations.gov once an objection to a submitted exclusion request
is posted, the objection will appear as a document under the related
exclusion request.
(3) Time limit for submitting objections to submitted exclusions
requests. All objections to submitted exclusion requests must be in
electronic form and submitted to the Federal rulemaking portal
(https://www.regulations.gov) no later than 30 days after the related
exclusion request is posted.
(4) Substance of objections to submitted exclusion requests. The
objection should clearly identify, and provide support for, its
opposition to the proposed exclusion, with reference to the specific
basis identified in, and the support provided for, the submitted
exclusion request.
(e) Limitations on the size of submissions. Each exclusion
request and each objection to a submitted exclusion request is to be
limited to a maximum of 25 pages, respectively, inclusive of all
exhibits and attachments, but exclusive of the respective forms. Any
further information required will be determined and requested solely
by the U.S. Department of Commerce.
(f) Disposition of exclusion requests and objections to
submitted exclusion requests.
(1) Disposition of incomplete submission.
(A) Exclusion requests that do not satisfy the reporting
requirements specified in paragraph (b) of this supplement will be
denied.
(B) Objection filings that do not satisfy the specified
reporting requirements will not be considered.
(2) Disposition of complete submissions. The U.S. Department of
Commerce will post responses in regulations.gov to each exclusion
request submitted under docket number BIS-2018-0006. The BIS
response to an exclusion request will also be responsive to any of
the objection request(s) for that submitted exclusion request
submitted under docket number BIS-2018-0006. Approved exclusions
will be effective five business days after publication of the
responses in regulations.gov. Starting on that date, the requester
will be able to rely upon the approved exclusion request in
calculating the duties owed on the product imported in accordance
with the terms listed in the approved exclusion request. Exclusions
will generally be approved for one year.
(3) Review period and implementation of any needed conforming
changes. The review period normally will not exceed 90 days,
including adjudication of objections submitted on exclusion
requests. Other agencies of the U.S. Government, such as the United
States International Trade Commission (USITC) and U.S. Customs and
Border Protection (CBP), will take any additional steps needed to
implement an approved exclusion request. The U.S. Department of
Commerce will provide CBP with information that will identify each
approved exclusion request pursuant to this supplement. Individuals
or organizations whose exclusion requests are approved must report
information concerning any applicable exclusion in such form as CBP
may require. These exclusion identifiers will be used by importers
in the data collected by CBP in order for CBP to determine whether
an import is within the scope of an approved exclusion request.
(g) For further information. If you have questions on this
supplement, you may contact Director, Industrial Studies, Office of
Technology Evaluation, Bureau of Industry and Security, U.S.
Department of Commerce, (202) 482-5642, [email protected]
regarding steel exclusion requests and (202) 482-4757,
[email protected] regarding aluminum exclusion requests.
Supplement No. 2 to Part 705--Requirements for Submissions Requesting
Exclusions From the Remedies Instituted in Presidential Proclamation
9704 of March 8, 2018 to Adjusting Imports of Aluminum Into the United
States
On March 8, 2018, the President issued Proclamation 9704
concurring with the findings of the January 17, 2018 report of the
Secretary of Commerce on the investigation into the effects of
imports of aluminum identified in Proclamation 9704 (``aluminum'')
on the national security and determining that adjusting aluminum
imports through the imposition of duties is necessary so that
imports of aluminum will no longer threaten to impair the national
security. The Proclamation also authorized the Secretary of
Commerce, in consultation with the Secretary of Defense, the
Secretary of the Treasury, the Secretary of State, the United States
Trade Representative, the Assistant to the President for Economic
Policy, the Assistant to the President for National Security
Affairs, and other senior Executive Branch officials as appropriate,
to grant exclusions from the duties for parties in the United States
affected by the duties if the aluminum articles are determined not
to be produced in the United States in a sufficient and reasonably
available amount or of a satisfactory quality or based upon specific
national security considerations.
(a) Scope. This supplement specifies the requirements and
process for how parties in the United States may submit requests for
exclusions from the remedies instituted by the President. This
supplement also specifies the requirements and process for how
parties in the United States may submit objections to submitted
exclusion requests. This supplement identifies the time periods for
which such exclusion requests and objections to submitted exclusion
requests may be submitted, the method for submitting such requests,
and the information that must be included in exclusion requests and
objections to submitted exclusion requests.
(b) Required forms. BIS has posted two separate fillable forms
on the BIS website at https://www.bis.doc.gov/index.php/232-aluminum
and on the Federal rulemaking portal (https://www.regulations.gov)
that are to be used by organizations for submitting exclusion
requests, and objections to exclusion requests described in this
supplement. On regulations.gov, you can find these two forms by
searching for its regulations.gov docket number, which is BIS-2018-
0002. The U.S. Department of Commerce requires requesters and
objectors to use the appropriate form as specified under paragraphs
(b)(1) and (b)(2) for submitting exclusion requests and objections
to submitted exclusion requests.
(1) Form required for submitting exclusion requests. The name of
the form used for submitting exclusion requests is Request for
Exclusion from Remedies Resulting from the Section 232 National
Security Investigation of Imports of Aluminum.
(2) Form required for submitting objections to submitted
exclusion requests. The name of the form used for submitting
objections to submitted exclusion requests is Response Form for
Objections to Posted Section 232 Exclusion Requests--Aluminum.
(3) Public disclosure. Information submitted in exclusion
requests and objections to submitted exclusion requests will be
subject to public review and made available for public inspection
and copying. Personally identifiable information, including social
security numbers and employer identification numbers, should not be
provided. Information that is subject to government-imposed access
and dissemination or other specific national security controls,
e.g., classified information or information that has U.S. Government
restrictions on dissemination to non-U.S. citizens or other
categories of persons that would prohibit public disclosure of the
information, may not be included in exclusion requests or objections
to submitted exclusion requests. Individuals and organizations that
have proprietary or otherwise business confidential information that
they believe relevant to the Secretary's consideration of the
submitted exclusion request or objections to submitted exclusion
requests should so indicate in the appropriate field of the relevant
form. Individuals and organization must otherwise fully complete the
relevant forms.
Note to Paragraph (b) for Submission of Supporting Documents
(Attachments): Supporting attachments must be submitted to
regulations.gov as PDF documents.
(c) Exclusion requests.
(1) Who may submit an exclusion request? Only individuals or
organizations using
[[Page 12112]]
aluminum in business activities (e.g., construction, manufacturing,
or supplying aluminum product to users) in the United States may
submit exclusion requests.
(2) Identification of exclusion requests. The file name of the
submission must include the submitter's name, date of submission,
and the 10-digit Harmonized Tariff Schedule of the United States
(HTSUS) statistical reporting number. For example, if Company A is
submitting an exclusion request on June 1, 2018, the file should be
named as follows: ``Company A exclusion request of 6-1-18 for
7604293050 HTSUS.'' Separate exclusion requests must be submitted
for aluminum products with distinct critical dimensions (e.g., 10 mm
diameter bar, 15 mm bar, or 20 mm bar) covered by a common HTSUS
statistical reporting number. Separate exclusion requests must also
be submitted for products falling in more than one 10-digit HTSUS
statistical reporting number. The Commerce Department will approve
exclusions on a product basis and the approvals will be limited to
the individual or organization that submitted the specific exclusion
request, unless Commerce approves a broader application of the
product-based exclusion request to apply to additional importers.
Other individuals or organizations that wish to submit an exclusion
request for a steel or aluminum product that has already been the
subject of an approved exclusion request may submit an exclusion
under this supplement. These additional exclusion requests by other
individuals or organizations in the United States are not required
to reference the previously approved exclusion, but Commerce may
take that into account when reviewing a subsequent exclusion
request. Individuals and organizations in the United States will not
be precluded from submitting a request for exclusion of a product
even though an exclusion request submitted for that product by
another requester or that requester was denied or is no longer
valid.
(3) Where to submit exclusion requests? All exclusion requests
must be in electronic form and submitted to the Federal rulemaking
portal (https://www.regulations.gov). You can find the interim final
rule that added this supplement by searching for the regulations.gov
docket number, which is BIS-2018-0002.
(4) No time limit for submitting exclusion requests. All
exclusion requests must be in electronic form and submitted to the
Federal rulemaking portal (https://www.regulations.gov), but may be
submitted at any time.
(5) Substance of exclusion requests. An exclusion request must
specify the business activities in the United States within which
the requester is engaged that authorize the individual or
organization to submit an exclusion request. The request should
clearly identify, and provide support for, the basis upon which the
exclusion is sought. An exclusion will only be granted if an article
is not produced in the United States in a sufficient and reasonably
available amount, is not produced in the United States in a
satisfactory quality, or for a specific national security
consideration.
(d) Objections to submitted exclusion requests.
(1) Who may submit an objection to a submitted exclusion
request? Any individual or organization in the United States may
file objections to steel exclusion requests, but the Commerce
Department will only consider information directly related to the
submitted exclusion request that is the subject of the objection.
(2) Identification of objections to submitted exclusion
requests. When submitting an objection to a submitted exclusion
request, the objector must locate the exclusion request and submit a
comment on the submitted exclusion request in regulations.gov. The
file name of the objection submission should include the objector's
name, date of submission of the objection, name of the organization
that submitted the exclusion request, and date the exclusion request
was posted. For example, if Company X is submitting on April 1,
2018, an objection to an exclusion request submitted on March 15,
2018 by Company A, the file should be named: ``Company X
objection_4-1-18 for Company A exclusion request_3-15-18.'' In
regulations.gov once an objection to a submitted exclusion request
is posted, the objection will appear as a document under the related
exclusion request.
(3) Time limit for submitting objections to submitted exclusions
requests. All objections to submitted exclusion requests must be in
electronic form and submitted to the Federal rulemaking portal
(https://www.regulations.gov) no later than 30 days after the related
exclusion request is posted.
(4) Substance of objections to submitted exclusion requests. The
objection should clearly identify, and provide support for, its
opposition to the proposed exclusion, with reference to the specific
basis identified in, and the support provided for, the submitted
exclusion request.
(e) Limitations on the size of submissions. Each exclusion
request and each objection to a submitted exclusion request is to be
limited to a maximum of 25 pages, respectively, inclusive of all
exhibits and attachments, but exclusive of the respective forms. Any
further information required will be determined and requested solely
by the U.S. Department of Commerce.
(f) Disposition of exclusion requests and objections to
submitted exclusion requests.
(1) Disposition of incomplete submission.
(A) Exclusion requests that do not satisfy the reporting
requirements specified in paragraph (b) of this supplement will be
denied.
(B) Objection filings that do not satisfy the reporting
requirements specified in paragraph (b) will not be considered.
(2) Disposition of complete submissions. The U.S. Department of
Commerce will post responses in regulations.gov to each exclusion
request submitted under docket number BIS-2018-0002. The BIS
response to an exclusion request will also be responsive to any of
the objection request(s) for that submitted exclusion request
submitted under docket number BIS-2018-0002. Approved exclusions
will be effective five business days after publication of the
responses in regulations.gov. Starting on that date, importers will
be considered to be excluded. Exclusions will generally be approved
for one year.
(3) Review period and implementation of any needed conforming
changes. The review period normally will not exceed 90 days,
including adjudication of objections submitted on exclusion
requests. Other agencies of the U.S. Government, such as she United
States International Trade Commission (USITC) and U.S. Customs and
Border Protection, will take any additional steps needed to
implement an approved exclusion request. The U.S. Department of
Commerce will provide CBP with information that will identify each
approved exclusion request pursuant to this supplement. Importers
are directed to report information concerning any applicable
exclusion granted by Commerce in such form as CBP may require. These
exclusion identifiers will be used by importers in the data
collected by CBP in order for CBP to determine whether an import is
within the scope of an approved exclusion request.
(g) For further information. If you have questions on this
supplement, you may contact Director, Industrial Studies, Office of
Technology Evaluation, Bureau of Industry and Security, U.S.
Department of Commerce, (202) 482-5642, [email protected]
regarding steel exclusion requests and (202) 482-4757,
[email protected] regarding aluminum exclusion requests.
Wilbur L. Ross,
Secretary of Commerce.
[FR Doc. 2018-05761 Filed 3-16-18; 4:15 pm]
BILLING CODE 3510-33-P
