Section 232 Steel and Aluminum Tariff Exclusions Process, 81060-81084 [2020-27110]

Download as PDF 81060 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 705 [Docket No. 201203–0323] RIN 0694–AH55 Section 232 Steel and Aluminum Tariff Exclusions Process Bureau of Industry and Security, U.S. Department of Commerce. ACTION: Interim final rule. AGENCY: This interim final rule revises aspects of the process for requesting exclusions from the duties and quantitative limitations on imports of aluminum and steel discussed in three previous Department of Commerce (‘‘Commerce’’) interim final rules implementing the exclusion process authorized by the President under Section 232 of the Trade Expansion Act of 1962, as amended (‘‘232’’). These changes are also informed by a notice of inquiry with request for comments on the 232 exclusions process that was published by Commerce on May 26, 2020. Based on public comments on the current process for submissions to Commerce, Commerce is publishing this interim final rule to make additional revisions to the 232 exclusion process, including to the 232 Exclusions Portal. DATES: Effective date: This interim final rule is effective December 14, 2020, except for amendatory instructions 3 and 5 that are effective December 29, 2020. Comments: Comments on this interim final rule must be received by BIS no later than February 12, 2021. ADDRESSES: See SUPPLEMENTARY INFORMATION section for information on submitting exclusion requests, objections thereto, rebuttals, and surrebuttals. You may submit comments, identified by docket number BIS–2020–0022 or RIN 0694–AH55, through the Federal eRulemaking website: http://www.regulations.gov. No other submission methods are being used for submitting comments on this interim final rule. Follow the instructions for submitting comments. All filers using the portal should use the name of the person or entity submitting comments as the name of their files, in accordance with the instructions below. Anyone submitting business confidential information should clearly identify the business confidential portion at the time of submission, file a statement justifying nondisclosure and referring to the specific legal authority claimed, and jbell on DSKJLSW7X2PROD with RULES2 SUMMARY: VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 provide a non-confidential version of the submission. For comments submitted electronically containing business confidential information, the file name of the business confidential version should begin with the characters ‘‘BC.’’ Any page containing business confidential information must be clearly marked ‘‘BUSINESS CONFIDENTIAL’’ on the top of that page. The corresponding non-confidential version of those comments must be clearly marked ‘‘PUBLIC.’’ The file name of the non-confidential version should begin with the character ‘‘P.’’ The ‘‘BC’’ and ‘‘P’’ should be followed by the name of the person or entity submitting the comments or rebuttal comments. Any submissions with file names that do not begin with a ‘‘BC’’ or ‘‘P’’ will be assumed to be public and will be made publicly available through http:// www.regulations.gov. For questions regarding this interim final rule, contact Erika Maynard at 202–482– 5572 or via email Erika.Maynard@ bis.doc.gov, or email Steel232@ bis.doc.gov regarding provisions in this rule specific to steel exclusion requests and Aluminum232@bis.doc.gov regarding provisions in this rule specific to aluminum exclusion requests. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background On March 8, 2018, President Trump issued Proclamations 9704 and 9705, imposing duties on imports of aluminum and steel. The Proclamations also authorized the Secretary of Commerce to grant exclusions from 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,’’ and provided authority for the Secretary to issue procedures for exclusion requests. On April 30, 2018, Proclamations 9739 and 9740, and on May 31, 2018, Proclamations 9758 and 9759, set quantitative limitations on the import of steel and aluminum from certain countries in lieu of the duties. On August 29, 2018, in Proclamations 9776 and 9777, President Trump also authorized the Secretary to grant exclusions from quantitative limitations based on the same standards applicable to exclusions from the tariffs. PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 Implementing and Improving the 232 Exclusions Process On March 19, 2018, Commerce first issued an interim final rule, 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 (83 FR 12106) (the ‘‘March 19 rule’’), laying out procedures for the 232 exclusions process, including one supplement for the procedures for steel and a second supplement for the procedures for aluminum. On September 11, 2018, Commerce issued a second interim final rule, Submissions of Exclusion Requests and Objections to Submitted Requests for Steel and Aluminum (83 FR 46026) (the ‘‘September 11 rule’’), that revised the two supplements added by the March 19 rule with improvements designed to ensure a transparent, fair, and efficient exclusion and objection process. On June 10, 2019, Commerce issued a third interim final rule, Implementation of New Commerce Section 232 Exclusions Portal (84 FR 26751) (the ‘‘June 10 rule’’), that revised the two supplements added by the March 19 and September 11 rules to grant the public the ability to submit new exclusion requests through the 232 Exclusions Portal while still allowing the opportunity for public comment on the portal. On May 26, 2020, Commerce issued a notice of inquiry with request for comment, Notice of Inquiry Regarding the Exclusion Process for Section 232 Steel and Aluminum Import Tariffs and Quotas (85 FR 31441) (the ‘‘May 26 notice’’), that sought public comment on the appropriateness of the information requested and considered in applying the exclusion criteria, and the efficiency and transparency of the process employed. Why is Commerce publishing this interim final rule? Commerce is publishing this interim final rule to implement additional changes the Department has determined will further improve the 232 exclusions process. Commerce believes these changes will make important improvements, but is also requesting public comments to evaluate how effective these changes will be in further improving the 232 exclusions process. This process is consistent with the Department’s approach since the E:\FR\FM\14DER2.SGM 14DER2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES2 beginning of implementing the 232 exclusion process. The public has supported this approach. What are some of the key changes included in this interim final rule? This interim final rule is being published at this time, in particular, to make the following three key changes to the 232 exclusions process. First, it addresses the need to create a more efficient method for approving exclusions where objections have not been received in the past for certain steel or aluminum articles. Commerce has determined creating general approved exclusions that may be used by any importing entity is warranted. This has been noted by commenters who submit exclusion requests, and by trade associations that represent those companies, as one of the most important changes that could be made to improve the efficiency of the 232 exclusion process. As described in much greater detail below, this interim final rule addresses this issue with the adoption of General Approved Exclusions (GAEs). This change will result in an estimated immediate decrease of 5,000 exclusion requests annually, resulting in a significant improvement in efficiency, with the possibility of more in the future. Unlike exclusion requests, GAEs do not include quantity limits. Second, it addresses a trend identified by commenters and validated in data reviewed by Commerce—that certain exclusion requesters may have requested more volume than they may have needed for their own business purposes compared to past usage. Submitting large numbers of unneeded exclusion requests decreases the efficiency of the 232 exclusions process for potential objectors and Commerce. It also creates issues for potential objectors. As described in greater detail below, this issue is addressed by adding a new certification requirement for volumes requested. Along the same lines, the rule also adds a note to remind all parties submitting 232 submissions of the prohibition against making false statements to the U.S. Government and the consequences that may occur for such false statements. Third, the rule addresses an objector concern they were being held to a higher standard than foreign suppliers because of the interpretation that ‘‘immediately’’ meant the objector needed to be able to provide the steel or aluminum articles within 8 weeks, even though a foreign supplier may not be able to provide the same steel or aluminum article until much longer than 8 weeks. With this rule the term ‘‘immediately,’’ is retained but language VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 has been modified to apply the same time standard to U.S. objectors and foreign suppliers for when the steel or aluminum articles need to be provided to the exclusion requester. What changes are not being addressed in this interim final rule? While this rule addresses the remaining comments from the September 11 rule, it also addresses some of the comments received on the 232 Exclusions Portal from the June 10 rule. However, comments requesting changes requiring software modification or involving additional cost and time to implement are still under consideration and not addressed here. Some examples of comments still under consideration include the following. There is a comment to allow confidential business information (CBI) submissions in the 232 Exclusions Portal which would require software changes and additional certifications. Another commenter requested two separate portals for the steel and aluminum exclusion processes. There are also several comments regarding the usability and search functionality of the 232 Exclusions Portal including adding a filter for steel and aluminum on the main portal page; adding product classes to the main portal screen with a filtering function; improving search functionality by adding a simple ‘‘find all’’ type of search capability; adding the capability to be able to download individual submissions and all data; making it easier to extract data for queried databases; adding the ability to cross search with multiple criteria; providing an easier way to identify exclusion requests by HTSUS classification and other criteria; including the actual due date for filing submissions, not just days remaining; adding a withdraw feature to the dashboard; adding a notification feature when objections are posted; and adding the ability to refresh without resetting the filters. Commerce is continuing to evaluate these comments and may implement additional changes to further improve the 232 Exclusions Portal at a later date. This interim final rule does not summarize or respond to the comments included in the May 26 notice. Commerce will address these comments in the next rule. However, as noted below, there is significant overlap in the comments received on the September 11 and June 10 rules, so some of the comments received on the May 26 notice are also being addressed in this interim final rule. For example, the three key changes to the 232 exclusions process described above being made in PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 81061 this interim final rule will also be responsive to comments received on the May 26 notice. The following are some examples of comments from the May 26 notice that are still being reviewed. Additional changes to the 232 Exclusions Portal were requested by some commenters based on their additional experience, e.g., the portal being programmed to flag for special attention those exclusion requests that have been waiting a certain number of days/months for a determination. Some comments addressed the role of objections in the 232 exclusions process and whether objections have an outsized influence on the process, in particular on how long the Commerce decision-making process takes and whether an exclusion will be granted. Some comments requested creating a process to give preferential treatment for products further manufactured or substantially transformed in the United States, because such producers are an essential part of the U.S. steel and aluminum industry. Other commenters requested a 60-day window for submitting exclusion requests on a bi-annual basis and only product exclusion requests submitted during these bi-annual periods would be considered. Additional Improvements to the 232 Exclusions Process As noted above, the interim final rule being published today addresses the remaining comments from the September 11 rule and highlights what comments have been addressed from the June 10 rule. There is some significant overlap among those comments and comments received in response to the May 26 notice, so the revisions to the 232 exclusions process described below will also be responsive to some of the same comments received in response to the May 26 notice. Commerce intends to publish at least one subsequent interim final rule that will describe the unaddressed comments received on the May 26 notice and any additional revisions Commerce will make to the 232 exclusions process as a result of those comments. The comments on the May 26 notice also included various comments on the 232 Exclusions Portal, certain of which are addressed below. Other comments will be summarized and addressed with the remaining comments on the June 10 rule that are not included in today’s rule. Because of the programming cost and time involved with making changes to the 232 Exclusions Portal, Commerce requires more time to review and respond to those comments, in particular for comments where Commerce agrees that E:\FR\FM\14DER2.SGM 14DER2 81062 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES2 changes to the 232 Exclusions Portal may be warranted. Commerce is focused on improving the 232 exclusions process as quickly as possible. As additional revisions are ready to be made, such as those being made in this rule, Commerce will publish those changes as quickly as possible to improve the 232 exclusions process. This approach of publishing a series of interim final rules has allowed Commerce to improve the 232 exclusions process on an ongoing basis, allowing the public to submit additional comments on whether the most recently made changes have helped to improve the process. This rule makes various edits to supplement no. 1 to part 705 to improve the 232 exclusions process. This rule also removes the provisions from supplement no. 2 to part 705 and consolidates those into supplement no. 1. This rule also adds new supplements no. 2 and no. 3 for identifying General Approved Exclusions (GAEs) for steel and aluminum articles under the 232 exclusions process and the first approved tranches of GAEs for steel and aluminum articles. GAEs address a longstanding request from public comments of exclusion requesters to create a more efficient process to approve certain exclusions for use by all importers where Commerce has determined that no objections will be received and where it is warranted to approve an exclusion for all importers to use. This rule also removes Annex 1 to supplements no. 1 and 2, since this guidance is no longer needed with this rule’s removal of references to www.regulations.gov from the 232 exclusions process. Finally, this rule makes some non-substantive edits to supplement no. 1 to part 705 to improve readability of the supplement. Public Comments and BIS Responses The public comment period on the May 26 notice closed on July 10, 2020. BIS received eighty-two public comments on the notice of inquiry. Many commenters referenced the imposition of duties and quantitative limitations, questioning whether or not such regulations were beneficial. Those comments are outside the scope of the May 26 notice that solicited comments on the 232 exclusions process; thus Commerce is generally not summarizing or providing responses to those general comments on the duties and quantitative limitations. Certain comments described and addressed below are those received in response to the September 11 and June 10 rules. However, some of the comments in responses below address issues that also VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 were raised in some of the comments received in response to the May 26 notice. As a result, the responses below are responsive in part to comments on the May 26 notice, and also are responsive to comments on the September 11 and June 10 rules. Improving Tracking and Transparency Comment (a)(1): Develop an adequate tracking system that supplies relevant information (more than is available now) for 232 submissions. Commenters requested that Commerce provide stakeholders a way to more easily review the Harmonized Tariff Schedule of the United States (HTSUS) code and product information, country of origin, volume, and alloys of posted exclusions—preferably, in a searchable database. Commenters indicated that having to open each file to identify this information places a burden on potential objectors, which the commenters suggested could be addressed with a searchable database. BIS response: Commerce has made changes to allow for easier tracking and searching of information in the 232 Exclusions Portal, as described in greater detail below for the improvements that have been made to the 232 Exclusions Portal (see BIS response to Comment (g)(2) below). Comment (a)(2): Exclusion rejection for incomplete submissions should be more transparent. A commenter noted that, while they do not expect Commerce to customize each individual response, the commenter believes that additional steps can be taken to help U.S. businesses understand the reason for a rejection. This commenter requested that Commerce should include on the rejection form that is posted online a list of common reasons for rejection. The commenter believes this would provide invaluable guidance to the countless small businesses attempting to navigate this difficult process. This commenter believes the current rejection form leaves manufacturers guessing as to why the government rejected their applications, especially when that business for years used the identical HTSUS code accepted by U.S. Customs and Border Protection (CBP) to import that product. BIS response: Commerce agrees that greater transparency benefits all applicants to the 232 exclusions process. Commerce moved its HTSUS administrability review to the start of the process in early 2019, reducing sharply the number of exclusion denials due to incomplete submissions identified later in the review process. Incomplete submissions now receive a rejection notification that includes the PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 specific reasons for a rejection. Commerce does plan to update the rejection form used in the 232 Exclusions Portal to include a list of common reasons for rejection. Commerce agrees that providing this additional information will make the process more efficient, because those receiving rejections will more easily understand what was wrong with their exclusion request that resulted in a rejection. This may reduce the overall number of 232 exclusion submissions submitted. Confidential Business Information (CBI) Comment (b)(1): Supportive of the new CBI provisions. A commenter asserted that one of the most significant changes is the BIS decision to allow companies to submit CBI during the rebuttal and surrebuttal process. This same commenter also believes that further changes can improve the process beyond what BIS has already proposed. BIS response: Commerce agrees that adding the CBI process has helped to improve the 232 exclusions process. As described below, Commerce is open to improving the CBI process, but that must be done in accordance with the larger purpose of allowing CBI in the 232 exclusion process, as well as the current technical limitations in the 232 Exclusions Portal. Comment (b)(2): Allow CBI to also be submitted for exclusions and objections. Commenters urged Commerce to expand the CBI provision by allowing companies to submit CBI within their original exclusion request. These commenters asserted that, given the amount of detail required to complete the exclusion request form, companies may be hesitant to submit exclusion requests for fear of sharing CBI with their competitors. BIS response: Commerce does not agree. The information required on the exclusion request form does not require revealing CBI in order to adequately complete the form, so allowing CBI in support of the initial exclusion request is not needed. Moreover, exclusion requesters can indicate they have CBI, allowing Commerce reviewers to request that CBI if needed for their review of the request and objections. Comment (b)(3): Allowing CBI in exclusions and objections would alleviate some concerns over short seven-day rebuttal and surrebuttal periods. One commenter asserted that, given the short seven-day window of the rebuttal process, allowing companies to submit CBI at the time of the application would relieve the unnecessary burdens placed on filers by the short rebuttal window. E:\FR\FM\14DER2.SGM 14DER2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations BIS response: Commerce acknowledges the shortness of the seven-day rebuttal and surrebuttal period, but does not agree with the commenter that allowing CBI in the exclusion request or in objections would alleviate the burden on exclusion requesters or objectors during the rebuttal and surrebuttal period. The most appropriate time in the 232 exclusion review process for CBI is during the rebuttal and surrebuttal phase when information that goes beyond what is included in the exclusion and objection forms may be needed to properly evaluate an exclusion request. Allowing CBI in exclusion requests and objections would slow the Commerce review process without adding any real benefit to the review process. As noted above, exclusion requesters and objectors can indicate they have CBI and Commerce reviewers can request that information if needed for review. Comment (b)(4): Process to submit CBI needs to be further clarified. A commenter believes the current CBI process is confusing because parties must submit the exclusion request form with a vague, yet somewhat detailed summary of the CBI and then supplement the form by sending a separate email to BIS with the actual confidential information. This same commenter was also concerned that parties risk the possibility that Commerce will reject their exclusion request for being an incomplete submission before Commerce has even received their confidential information. BIS response: Commerce understands the point being made by the commenter but does not agree that this requirement is unreasonable. Because the 232 Exclusion Process is a public process, there needs to be transparency to allow the other public parties involved in the process (objector(s) and exclusion requesters) to have an idea of the scope and type of CBI information that is being provided to supplement a rebuttal or a surrebuttal. Comment (b)(5): Section 301 exclusion request process uses a clear and simple method by which parties can submit CBI—Commerce should adopt same process to allow submission of public and private version. A commenter encouraged Commerce to implement a method similar to that of the Section 301 exclusion process for the Section 232 exclusion request process, allowing parties to submit both public and confidential versions of the exclusion request form. BIS response: Commerce sees the benefit of adopting the same type of approach as used under the Section 301 VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 process. However, the security needed to protect such information in the 232 Exclusions Portal would require additional programming and certifications. Therefore, at the current time Commerce will not be making these changes. If the 232 Exclusions Portal can accommodate CBI at a future date, Commerce will revisit this issue. Exclusion Requests Comment (c)(1): Standard Commerce applies to exclusion requests remains unclear—need to specify whether in aggregate or for a specific requester. A commenter was concerned that it is unclear whether a specific requester’s lack of availability and quality of material is the relevant consideration, or whether analysis of material quantities in the aggregate U.S. market provides a better metric. The commenter believes the proper standard should be the availability of material to the requesting company in the needed quality and quantity because this is largely in the control of the objecting supplier. BIS response: Commerce confirms here that exclusion requests are being reviewed based on the availability of material to the requesting company in the needed quality and quantity by U.S. suppliers. This rule clarifies that the standard applied to the review of an exclusion request is a case-by-case review to determine whether the requester has shown that the article is not produced in the United States in a sufficiently and reasonably available amount or of a satisfactory quality, or that there are specific national security considerations to grant the exclusion. In general, if no U.S. supplier submits an objection, absent a national security concern, Commerce approves such exclusion requests because a determination can be made that a U.S. supplier is not available to supply to the exclusion requester the needed quality and quantity of steel or aluminum described in the exclusion request. Comment (c)(2): Inconsistencies in the posted exclusion requests make it difficult for objectors to adequately review and respond. Commenters in this area are concerned whether exclusion requesters are consistently filling out the forms, and whether Commerce is adequately ensuring that the exclusion forms being posted meet the required standards of the form. For example, one commenter noted that hundreds of exclusion requests include no alloy designation (Question 4.b), but instead reference the HTSUS code or simply leave that field blank. This commenter asserted that an alloy designation is an important identifier for assessing the validity of an exclusion request, so its PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 81063 omission in many exclusion requests makes it difficult for potential objectors. Another commenter noted that many exclusion requests—including those that have already been approved—fail to indicate a volume associated with the included countries of origin. BIS response: Commerce acknowledges that, in certain cases, there has been some variability in how exclusion requesters or objectors have filled out the respective forms. Commerce has revised its standard operating procedures (SOPs) and conducted training for those reviewing 232 submissions at Commerce to emphasize the importance of ensuring that the exclusion and objection forms are being completed in accordance with the information required on the forms. As a result of this comment, Commerce has highlighted these issues to the Commerce reviewers of the 232 submissions to ensure consistency and warns that submissions that do not meet the standards of the information required on the forms will be rejected. Comment (c)(3): ‘‘Size ranges’’ clarification was helpful in the September 11 rule, but additional clarification needed. A commenter noted that the September 11 rule offers some additional information on acceptable ranges but could be improved. The BIS response to Comment (g)(3) in the September 11 rule states that the exclusion request form allows for a product that may be within a specific range but not for products across a wide range. A permissible range must be within the minimum and maximum range that is specified in the tariff provision and applicable legal notes for the provision. This commenter believes that this suggests that products identical in all aspects, with the exception of a dimensional characteristic, and classified within the same HTSUS statistical reporting number, could be included within a single request. However, the commenter was concerned that the regulatory text under paragraph (c)(2) suggests that separate exclusion requests must be submitted for steel products with ‘‘distinct critical dimensions’’ covered by a common HTSUS statistical reporting number, and examples provided in the rule are for specific sizes of products, which does not appear inconsistent with Comment (g)(3) from the September 11 rule. BIS response: Commerce agrees a clarification to paragraph (c)(2) is warranted. This interim final rule, as described below in the regulatory changes, removes the word ‘‘distinct’’ before ‘‘critical’’ in the example E:\FR\FM\14DER2.SGM 14DER2 jbell on DSKJLSW7X2PROD with RULES2 81064 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations provided under paragraph (c)(2). This change is made to avoid any potential confusion on the scope of ranges that are permissible under an exclusion request. Commerce clarifies that products identical in all aspects, with the exception of a dimensional characteristic, and that are classified within the same HTSUS statistical reporting number, may be included within a single request. However, objections that indicate the ability to produce one or more products within the range, even if not the entire range, will be considered to be valid objections to an exclusion request. Comment (c)(4): Concerned that Commerce is not adequately reviewing exclusion requests. A commenter requested that Commerce fully evaluate all exclusion requests—including those for which no objections are filed—to ensure that the volumes requested are proportional to the U.S. market. This commenter was concerned that, generally, it seems Commerce is not evaluating whether there is actually demand in the market for these large volumes, and has granted requests based simply on the absence of any objections. BIS response: Commerce recognizes that there are exclusion requests for volumes that exceed prior years’ consumption but that often receive no objections. Commerce also recognizes that there are objections that, in total, exceed the objectors’ total capacity. Commerce is reviewing this issue to determine whether there is an approach to factor volumes requested and objected to in an objective, transparent, and efficient way. As an initial step to address this issue, this interim final rule makes regulatory changes to the 232 exclusions process, as described below under the 232 exclusion request volume certification heading to require a certification from exclusion requesters for volume requested and, when applicable, a certification for volume requested but unfulfilled due to legitimate circumstances when submitting exclusion requests in the 232 Exclusions Portal. Comment (c)(5): Does not believe Commerce has implemented an expedited approval process for exclusions that receive no objections— contrary to what was stated in the September 11 rule and in statements by Commerce in other venues that Commerce would adopt such an expedited process. One commenter noted that Commerce does not yet appear to be adjudicating requests faster as a result of the updated exclusion process with some exclusion requests. BIS response: Commerce believes this comment was likely made as Commerce VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 was working to address the initial backlog of exclusion requests that did receive objections and does not reflect the current status. At this time, the expedited review process for exclusions that do not receive objections is functioning well, with an average response time, as of July 20, 2020, of approximately 60 days, less than half the average processing time for exclusions that receive objections and a significant decrease in overall response times compared to earlier in the process. Comment (c)(6): Product descriptions in exclusion requests and approval decisions need to be more specific to ensure CBP can determine what is approved. A commenter noted that Commerce has granted a number of exclusion requests where the ‘‘product description’’ on both the request and Commerce’s decision document is only the name for a general category of products and any detail regarding the size, chemistry, and other characteristics that may indicate that particular product at issue is not available from domestic sources are not carried over from the application. This commenter noted that greater specificity was needed in the approved exclusions. BIS response: Commerce works closely with CBP. Additional information is provided to CBP to ensure that CBP is able to effectively implement approved exclusions. CBP consults as needed with Commerce if any questions arise regarding the scope of a specific approved exclusion request. Comment (c)(7): Need to specify when the validity of an approved exclusion request begins. A commenter noted that there has been a number of exclusions granted where shipments were entered after the posting of the request but before the decision. The commenter asked for clarification if the one-year timeframe begins once the decision is made or if some other point is used to start the one-year timeframe. BIS response: Commerce clarifies that, as specified in paragraph (h)(2)(iii)(A) (Effective date for approved exclusions), an approved exclusion will be effective five business days after publication of the Commerce response granting an exclusion in the 232 Exclusions Portal. If granted, exclusions are generally effective for one year from the date of signature on the Decision Memo. Companies may also file Post-Summary Corrections with CBP on unliquidated entries to recoup any tariffs paid on products that made entry between the submission date and the date of signature. Companies are able to receive retroactive relief on granted requests dating back to the date of the request’s PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 submission on unliquidated entries. However, requesters should note that where retroactive relief is granted, the quantities granted retroactive relief are still counted against the total quantity granted in the exclusion. The exclusion request expires when either the quantity granted has been exhausted or the exclusion reaches the end of the effective period specified in the decision memo (generally one year from the date of the decision), whichever comes first, and no pro-rata additional quantity is provided for retroactive relief. Given that duties do not apply for countries with quotas, retroactive relief is not applicable for exclusions from quotas. Once the exclusion becomes effective, the steel or aluminum articles specified in the approved decision memo in entries that have not been liquidated by CBP are those eligible for tariff refunds or tariff exclusions. Comment (c)(8): Product exclusions should be permanent not temporary (and on a universal basis). A commenter noted that temporary exclusions inject significant uncertainty into the business planning of companies and therefore recommended permanent exclusions. BIS response: Commerce does not agree that all product exclusions should be permanent and issued on a universal basis because that would defeat the purpose of the duties. Commerce does agree that for certain steel and aluminum articles, a more efficient approval mechanism is warranted and that the approval should be universal. Specifically, for certain steel and aluminum articles, Commerce has created General Approved Exclusions (GAEs) under the new supplements no. 2 and 3 to part 705 being added to this rule, which will be available to all importers. Comment (c)(9): Create streamlined process to allow one company seeking an exclusion for the same product already approved to a second company to quickly obtain an approved exclusion. A commenter requested that Commerce provide a streamlined process whereby a second company seeking to use an exclusion already granted to a U.S. company can quickly obtain the right to use the same product exclusion. BIS response: Commerce does not agree. The exclusion process is intended to be specific to each requester and each request must be reviewed on its own merits, allowing for potential objections and permitting rebuttal and surrebuttal process to play out as needed. As referenced in the previous comment, the GAEs are also responsive to some of what this commenter is requesting in E:\FR\FM\14DER2.SGM 14DER2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations terms of creating a more efficient approval process where Commerce determines that relief is warranted in a particular circumstance for all importers. Comment (c)(10): Commerce should use its discretion to make exclusions available to all importers. A commenter requested that if a product is not made in the United States or is not made in sufficient quantity or quality, Commerce must grant a broader product exclusion (not just on a company-by-company, product-by-product basis). Another commenter noted that the Secretary and others at Commerce have repeatedly denied associations the ability to submit exclusion requests on behalf of their industries for widely used goods, because Commerce sought to identify those products receiving the most requests. However, the Secretary has yet to exercise this authority to grant general exclusions despite the same HTSUS codes receiving multiple requests. BIS response: As noted above, in this rule, Commerce is creating GAEs with the additions of supplement no. 2 and 3 to part 705. The creation of GAEs addresses this comment and will create a more efficient 232 exclusion process and reduce the burdens on exclusion requesters. Comment (c)(11): Explain circumstances under which BIS will approve broader product exclusions and how U.S. companies may request such an exclusion. A commenter noted that Commerce continues to state that it is considering approving broader exclusion requests, which can apply to multiple importers. However, no additional guidance has been provided as to how groups of companies can ask for such a broader exclusion. BIS response: This rule explains the circumstances when Commerce will approve broader product exclusions. These provisions are described in the new supplements no. 2 and 3 to part 705 with the addition of GAEs. The introductory text of the new supplements explain the process of how Commerce will approve these GAEs. As previously noted, these determinations for what steel or aluminum articles warrant being included in a GAE will be made by Commerce, in consultation with the other agencies referenced in the new supplements. The public will not be involved in requesting new or revised GAEs, but Commerce will use the information provided in exclusion requests to inform its review process for what additional GAE should be added or what revisions should be made to existing GAEs. VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 Comment (c)(12): Process for making changes to an approved exclusion request. A commenter requested guidance be provided for how to make a correction to an application for exclusion after the exclusion has been approved. BIS response: This is a feature under consideration, but until that revision can be implemented, a new exclusion request will need to be submitted in the event of such circumstances. Commerce does clarify that BIS will make, when warranted in the 232 Exclusions Portal, technical corrections and a few other forms of ‘‘non-substantive changes’’ including: Importer of record (IOR) changes; supplier/manufacturer changes; corrections to match product descriptions with product specifications; and corrections to organization information (i.e., accidental transposition of fields). Objections Comment (d)(1): Concerned that Commerce has too much leeway to interpret the criteria ‘‘not produced in the United States in a sufficient and reasonably available amount’’ and ‘‘not produced in the United States in a satisfactory quality.’’ A commenter was concerned that this broad interpretation by Commerce could lead to the negation of exclusion requests in situations where one company files an objection that claims that it in theory could make that product in sufficient quantity or quality. The commenter noted that rebuttals to these claims are difficult to make without more detailed information from objectors on how they could make products in sufficient quantity or quality. BIS response: The criteria comes from the underlying Proclamations that authorize the creation of the 232 exclusions process. Therefore, Commerce does not have the discretion to change the criteria. Commerce added the rebuttal process, as well as the surrebuttal process, to allow requesters and objectors to further address the representations made in objections and rebuttals. Ultimately, if an exclusion request is not approved because of an objection, the exclusion requester will be able to determine definitively whether an objector is in fact able to provide the steel or aluminum article in question by attempting to obtain the product from the objector. Should all objectors be unable to produce a requested product as they represented in their objections, the requester may submit a new request with documentation evidencing this refusal. Commerce understands that time is vital to an exclusion requester and seeks to PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 81065 ensure that objectors provide sufficient information for a thorough evaluation of the request and objection. Moreover, objectors must certify their ability to manufacture the products described within their objections. Comment (d)(2): Objections should be reviewed cumulatively. A commenter is concerned that Commerce is not considering the cumulative impact of objections to exclusions. This commenter noted that U.S. producers that are filing objections to exclusion requests are routinely stating that the objector can and would fill the demand for the subject product. This commenter noted that while it may be true that the objector could reasonably expect to fill the needs of an individual company making an exclusion request, it is possible (or likely) that the objector could not fill the full demand for that product from all companies requesting an exclusion let alone all of the demand from other customers in the U.S. BIS response: Commerce is aware of this concern and has evaluated statistics on the 232 exclusions process, determining that, although there may be some anecdotal examples of where this occurred, as a general trend, the statistics do not support that this is a significant issue with objections in the 232 exclusions process. In the past year, BIS has received objections to exclusion requests for approximately 19 million metric tons of steel products, or roughly 16% of total U.S. steel production capacity. None of the companies with publicly available capacity figures objected to more than their total capacity. When factoring in that multiple companies often object to the same exclusion request, volume objected to as a percentage of total capacity was significantly lower. Exclusion requesters are encouraged to provide documentation in their requests or rebuttal filings that objectors are unable to supply the products being requested because of insufficient capacity. Comment (d)(3): Exclusion process guidelines are unclear about the obligations that come with filing an objection. A commenter asked for clarification from Commerce about whether producers should be submitting objections if they have the capability to make a product, but not the immediate capacity, or if they can only produce a fraction of the requested volume for a specific manufacturer. For example, the commenter noted that aluminum producers have expressed a concern that filing an objection will obligate that producer to offer for sale the full scope and volume of imports included in a request—which, if importers are E:\FR\FM\14DER2.SGM 14DER2 jbell on DSKJLSW7X2PROD with RULES2 81066 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations requesting massive volumes, might be impossible. BIS response: Commerce agrees this should be clarified in the regulations and makes changes to paragraph (c)(6)(i), as described below, to address this issue. Commerce has the ability to deny a part of an exclusion request when an objector demonstrates sufficiently in the objection and any potential surrebuttal that they are able to produce a portion of the requested quantity of a steel or aluminum article within the required time needed by the importer. Therefore, objectors should not be deterred from submitting objections when they may not be able to fulfill 100% of the requested exclusion. Over time, as more of their domestic capacity comes back online or is added, these same objectors may be able to fulfill larger percentages of the exclusion requests, which would help to better achieve the stated purposes of the duties in helping to support the domestic production capabilities and capacity that are critical to protecting U.S. national security. Commerce is reviewing this issue to determine whether there is an objective, transparent, and efficient approach to take into consideration volumes requested and objected to under the 232 exclusions process. Comment (d)(4): Modify the objection form (and the rebuttal and surrebuttal form) to clarify whether companies can object on the ostensible grounds that they have the capability to make a product. A commenter requested guidance on how Commerce will consider objections from producers that have the capability to make a product but do not have immediately available capacity to meet the importer’s stated needs. BIS response: Commerce does not agree that the objection form, or the rebuttal or surrebuttal form need to be updated to address this commenter’s concern. The information required on rebuttal and surrebuttal forms, as well as the objection criteria specified in paragraph (d), provides a clear standard that Commerce may apply. After reviewing an objection, rebutters may also inform the Commerce review process by evaluating and commenting on whether an objector will be able to provide the needed steel or aluminum article in the quantity and quality and to make that ‘‘immediately available’’ from an exclusion requester’s perspective. As described below, this rule makes additional changes for what constitutes being ‘‘immediately available,’’ and these changes will further clarify the application of this criteria to make sure that U.S. producers VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 are being held to the same standard as potential foreign competitors in meeting the time required for delivery of the steel or aluminum article for which they are requesting an exclusion. Comment (d)(5): Objecting parties should be required to fill orders. A commenter noted that this would prevent the objection process from becoming a lever for business competition with domestic parties objecting to an exclusion request and then refusing to fill orders or only filling orders at inflated prices. This commenter also asked that companies that were denied an exclusion requested on the basis of an objection be permitted to show evidence of an inability to secure material and gain an exception if the objecting party cannot fill orders. BIS response: Commerce understands the reasoning behind this comment but is also mindful that it is not the role of Commerce to dictate whether an objector must sell the steel or aluminum article, or whether the exclusion requester must purchase the steel or aluminum article from the objector. For example, as the commenter noted, the objector may be able to provide the steel or aluminum but at a price that is not tenable for the exclusion requester or at a price that does not justify the exclusion requester switching suppliers of the steel or aluminum article. Commerce believes that these types of business decisions should be left to the two companies involved so as to not unduly influence the functioning of the market. As for the request to allow an exclusion requester to subsequently reference in a new exclusion request that an objector was not able to provide the steel or aluminum in a previous exclusion request, the current process already addresses that sufficiently. First, the exclusion requester may submit a new exclusion request. The earlier objector may choose not to object to the new exclusion request based on their past experience of not being able to provide the steel or aluminum article. Assuming no other objector comes forward, the exclusion request will be reviewed under the expedited process. If the same objector objects to the new exclusion request, the rebuttal process allows the exclusion requester to document in the rebuttal the past activity with that objector. Comment (d)(6): Objections should also be rejected for incompleteness. If Commerce is rejecting requests based on incompleteness, we believe it should extend the same scrutiny to objections. BIS response: Commerce agrees and does reject objections for incompleteness when warranted. BIS does review objections (and rebuttals/ PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 surrebuttals) for completeness, but a rejection is rare for these filings in the 232 Exclusions Portal. The Portal has mandatory fields that ensure most filings are complete. However, there is a different standard of what is necessary for a complete submission of an exclusion request versus an objection. The former generally must meet more specific review criteria. At this time, objectors may list capacity, utilization, manufacturing, or delivery time data as CBI on the objection form. Commerce’s International Trade Administration (ITA), on behalf of BIS and Commerce, will then request this information if needed. Comment (d)(7): Delivery times are getting much longer because of the tariffs and U.S. producers are approaching maximum capacity utilization rates. A commenter noted that prior to the imposition of tariffs for non-specialty metals, many steel users reported roughly six-week to eight-week lead times. Since the steel tariffs took effect, those same members report the doubling of delivery times, creating significant delays and interruptions in the manufacturing supply chain that could lead Original Equipment Manufacturers (OEMs) to source their inputs from non-U.S. sources that experience less volatility due to government interference. BIS response: To the extent there has been an increase in delivery times related to the tariffs, importers seeking exclusions can always import the article and pay the tariffs while their exclusion requests are pending. In addition, an objector must have the article ‘‘immediately available’’ in the needed quantity and quality. As referenced below in the clarifications being made to ‘‘immediately available,’’ the previous criteria were holding U.S. producers in many cases to shorter delivery times than foreign competitors, a discrepancy that is being addressed in this rule. Commerce believes that the ‘‘immediately available’’ criterion, which is being refined in this rule, provides a reasonable standard that should not result in a lengthening of the time period for delivery of steel and aluminum articles for U.S. users. Comment (d)(8): Producers should be held accountable. A commenter requested that Commerce hold organizations that file objections to the highest of standards. Commerce should require specificity before considering the objection and should question and verify the assertions made by the objectors or claims made in surrebuttals. BIS response: Commerce agrees that all parties, both objectors and requesters, should be held to the E:\FR\FM\14DER2.SGM 14DER2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES2 standards set forth in the regulations. Accordingly, parties making submissions to Commerce with regard to an exclusion request are required to legally certify the veracity of the submission. These standards are specified on the objection and surrebuttal forms, in the criteria specified in paragraphs (d) and (g), on the exclusion request and rebuttal forms, and in the criteria specified in paragraphs (c) and (f) of supplement no. 1 to part 705. Comment (d)(9): U.S. steel producers are approaching maximum capacity utilization rates. A commenter noted that one objector reported its facility is currently operating at an 89% capacity utilization rate, well above the 80% target set by Commerce and at levels not seen since prior to the Great Recession. This commenter also noted that the American Iron and Steel Institute reported that for the week ending November 10, 2018, domestic raw steel production saw a capacity utilization rate of 81.7%, also above the 80% threshold. BIS response: As stated in the 232 report, the 80 percent figure is an ‘‘average’’ rate for financial viability of the industry which is ‘‘necessary to sustain adequate profitability and continued capital investment, research, and development, and workforce enhancement in the steel sector.’’ The U.S. steel industry’s capacity utilization rates have not been sustained. That said, making changes to the duties being imposed and/or quotas implemented are outside the scope of this rule. Criteria Defining What Is Meant by Available ‘‘immediately’’ Comment (e)(1): September 11 rule defining what was meant by available ‘‘immediately’’ was a positive step that improved the 232 process. A commenter noted that setting a clear definition of ‘‘available immediately’’ at eight weeks is a reasonable timeline and helps provide stability to steel and aluminum-using manufacturers. BIS response: Commerce agrees that providing a definition of ‘‘immediately available’’ was a positive step in providing greater transparency and consistency for the 232 exclusion process. However, defining ‘‘immediately available’’ as eight weeks meant that, in certain cases, U.S. producers could be held to a shorter delivery time than foreign competitors and was more restrictive than the timeframe needed by the importer for their business needs. As described below, to address this fairness issue and to create equal treatment, this interim final rule revises the criteria for VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 available ‘‘immediately’’ and specifies that if an objector is asserting that it is not currently producing the steel or aluminum identified in an exclusion request but can produce the steel or aluminum, the objector must be able to make it available in accordance with the commercial needs of the U.S. user of the steel or aluminum, as described in the exclusion request. Under this revised criteria in paragraph (d)(4), the objector must identify how it will be able to produce and deliver the quantity of steel or aluminum needed either within eight weeks, or if after eight weeks, by a date which is earlier than the date that a named foreign supplier can deliver the entire quantity of the requested product. It is incumbent on both the exclusion requester and the objecting producers to provide supplemental evidence supporting their claimed delivery times. Comment (e)(2): Objections that do not clearly meet the ‘‘immediately’’ standard should be rejected. A commenter noted that objections to exclusion requests available on the 232 Exclusions Portal reveal numerous vague assertions that clearly do not meet the available ‘‘immediately’’ threshold set forth by Commerce. This commenter recommends that Commerce reject these objections outright. BIS response: Commerce holds objectors to the standard specified in the regulations under paragraph (d) and requires objectors to complete the objection form, and the surrebuttal form as applicable, fully and accurately. If an objector is not able to meet the available ‘‘immediately’’ criteria, Commerce will not deny such an exclusion request. Requesters can provide additional information on the rebuttal form. In reviewing the exclusion request to make a final determination, Commerce takes into account information provided in the rebuttal to evaluate whether the objector can produce the article in sufficient quantity and quality, and within the time specified in the criteria in paragraph (d) of supplement no. 1 to part 705. Comment (e)(3): Defining eight weeks as ‘‘immediate delivery’’ is unrealistic and it would be better to make the standard based on the nature of the product. A commenter noted that it is unrealistic to require domestic producers to supply a requested product in the volume requested within eight weeks as a prerequisite to filing a valid objection and that this requirement appears to reflect a misunderstanding of how both the steel industry and international shipping work. This commenter also noted that in determining that eight weeks is the appropriate timeframe, Commerce PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 81067 regrettably rejected a suggestion that the time frame should depend on the nature of the product—with simpler products subject to a shorter timeframe than more sophisticated products—and in any case, should be no shorter than 12 to 16 weeks. BIS response: As described above, Commerce agrees that clarification is warranted for use of eight weeks under the available ‘‘immediately’’ criteria. The changes this rule makes will also be responsive to this commenter’s concerns. Comment (e)(4): Allowing foreign suppliers one year to supply the steel or aluminum for approved exclusions, but only allowing eight weeks for domestic suppliers creates an unfair playing field. A commenter noted that granted exclusions are valid for one year and will presumably be supplied by foreign producers over the course of that year, not all at once. This commenter noted that requiring a U.S. producer to supply the consumer within eight weeks makes little sense and runs counter to the rationale underlying the adjustments to imports ordered by the President. BIS response: Commerce agrees and is making changes in the rule for how ‘‘immediately’’ is defined to create equal treatment for U.S. and foreign producers. Comment (e)(5): ‘‘Immediately’’ should mean being able to provide the steel or aluminum as quickly as a foreign supplier. A commenter noted that the minimum standard that Commerce should establish for objections is 12 weeks (84 days), which they consider a reasonable and representative time for a foreign producer to make a simple steel item and ship it to the United States. This commenter recommended that Commerce should only determine that the domestic product is not ‘‘immediately’’ available when a domestic source cannot provide material before offshore suppliers. BIS response: Commerce has retained eight weeks as part of the available ‘‘immediately’’ criteria under paragraph (d)(4) but, as described elsewhere in this rule, is also making changes to the criteria that are responsive to this commenter’s concerns. Comment (e)(6): Need to specify the quantity that needs to be supplied within the ‘‘immediate delivery’’ timeframe. A commenter noted that there is no indication in the current version of the regulations of the quantity that must be supplied within the ‘‘immediate delivery’’ timeframe. The commenter noted that the current regulations specify that if an objector is not currently producing the product at E:\FR\FM\14DER2.SGM 14DER2 jbell on DSKJLSW7X2PROD with RULES2 81068 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations issue, then ‘‘the objector must identify how it will be able to produce the article within eight weeks,’’ detailing in writing the timeline to start production. This commenter recommends clarifying whether this means the production must merely start, shipments of commercial quantities must begin, or the total quantity must be delivered within the specified time. BIS response: Commerce agrees this should be clarified. As described below, this rule revises paragraph (d)(4) of supplement no. 1 to specify the objector must identify how it will be able to produce and deliver the quantity of steel or aluminum needed either within eight weeks, or if after eight weeks, by a date which is earlier than the date that a named foreign supplier can deliver the entire quantity of the requested product. The addition of the phrase ‘‘and deliver’’ after the term ‘‘produce’’ will address the concern raised by this commenter. Comment (e)(7): Production capacity for steel and aluminum producers must be considered during objection and rebuttal process. As Commerce considers objections filed by steel and aluminum companies, Commerce must ask the steel and aluminum producers several probing questions to truly determine the capabilities of suppliers to meet the consuming industries’ needs and consider these answers surrounding domestic capacity when making exclusion decisions. The commenter noted that these questions should include at a minimum: ‘‘Do the steel or aluminum companies currently manufacture and supply the product in the United States? If so, have their deliveries to their customers been timely, and is so, for how long? What is the steel or aluminum companies’ current manufacturing capacity and timeframe for ramping up if they currently do not have the capacity?’’ BIS response: Commerce believes the information required on the objection form, surrebuttal form as applicable, and the criteria in paragraph (d) to supplement no. 1 that is used by Commerce, is sufficiently informative to determine the production capabilities of objectors. This information is also supplemented by the evidence provided through rebuttals and surrebuttals, and through CBI submitted in support of rebuttals and surrebuttals. Commerce does not believe additional questions are required to be added to the objection or surrebuttal forms in order to make determinations on the production capabilities of objectors. VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 Rebuttals and Surrebuttals Comment (f)(1): Seven days is not enough time for rebuttals and surrebuttals. A commenter does not agree that allowing only seven days for such comments is appropriate. This commenter noted that considering the volumes of new information being submitted in some rebuttals, one week is not enough time for a domestic producer to analyze the information and offer a meaningful surrebuttal. BIS response: Commerce does not agree. The length of time for decisions under the 232 exclusions process is a concern for many entities, including Commerce. The inclusion of the rebuttal and surrebuttal comment periods helps to better inform the 232 exclusion process for Commerce, but Commerce is also mindful not to allow these additional comment periods to add any more time to the review process than is needed. Commerce believes that those parties involved in a 232 submission that receives an objection or a rebuttal should place a priority on reviewing the objection or rebuttal in a timely fashion, submitting any warranted rebuttal or surrebuttal. Commerce believes a oneweek period is sufficient for the review of an objection or rebuttal, and allows for the party to conduct any needed follow up conversations and to prepare and submit a rebuttal or surrebuttal as applicable. Comment (f)(2): Allowing unlimited number of refilings of exclusions undermines the usefulness of objections, and the rebuttal/surrebuttal process. A commenter questioned whether rebuttals and surrebuttals are a worthwhile use of resources if requesters remain free to submit unlimited numbers of exemption requests. This commenter noted that a requester could, in lieu of a rebuttal, file a revised request addressing whatever deficiencies were identified in the objection. This commenter noted that this would alleviate some of the unfairness of requiring domestic producers to respond to untold volumes of new information in just a few days and would aid Commerce’s analysis by promoting thoughtful and complete original application requests instead of reviews of hurried rebuttal and surrebuttal comments. BIS response: As a general matter, Commerce believes that it is important to allow an unlimited number of exclusion requests to be submitted. As described above, the ability to submit a successive exclusion request is a key way that the 232 exclusion process addresses cases where an objection may have resulted in the denial of an PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 exclusion request, but then subsequently no objector was able to deliver the steel or aluminum in the quantity and quality needed ‘‘immediately.’’ Therefore, Commerce does not agree that a restriction should be added to restrict the number of exclusion requests that may be submitted. Comment (f)(3): Allowing unlimited refilings of exclusions allows for the potential to overwhelm potential objectors. A commenter noted that if Commerce continues the rebuttal and surrebuttal process, it should consider limiting a party’s ability to file multiple exclusion requests for the same product. This commenter noted that the current system provides an incentive for entities seeking exclusions to submit them over and over again with only minor modifications in an attempt to overwhelm domestic producers so that domestic interests fail to file objections because there are simply too many requests or they believe an objection to have already been filed. BIS response: As noted above, Commerce is reviewing the issue of the volume of articles subject to exclusion requests and objections and will address this issue in a subsequent IFR. 232 Exclusions Portal Since the launch of the 232 Exclusions Portal, Commerce has implemented a number of enhancements that address some of the key comments received in response to the June 10 and May 26 rule. Commerce has highlighted the changes made to the 232 Exclusions Portal, which are responsive to these comments received in response to the June 10 rule, as well as some of the comments received on the May 26 notice. There are additional requested changes to the 232 Exclusions Portal in response to the June 10 rule and the May 26 notice that Commerce is still reviewing. Commerce will summarize and address those comments in at least one subsequent rule, although enhancements in the functionality of the 232 Exclusions Portal, similar to the enhancements described below, will likely be implemented on an ongoing basis as they are ready to be implemented. Comment (g)(1): Ability to import previously-filed submissions. A commenter noted that allowing the ability to import previously-filed submissions would be extremely beneficial for exclusion requesters and objectors, reducing the time burdens on repeat users of the 232 Exclusions Portal. Another commenter noted that the nature of manual entry in the new 232 Exclusions Portal is likely to create E:\FR\FM\14DER2.SGM 14DER2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations significant opportunity for errors and requires significantly more time and resource allocation than under the previous system. The ability to reuse information included in previously submitted 232 submission forms would be very beneficial. A commenter acknowledged that the user guide for the 232 Exclusions Portal provides information on creating a profile within web-browsers, but a simplified system for importing previously-filed submissions by users through their dashboard would be immensely beneficial for all users of the system. BIS response: Commerce clarifies here that the AutoFill Feature of the 232 Exclusions Portal addresses these comments. The AutoFill Feature that launched with the 232 Exclusions Portal addresses several of the comments submitted in response to the June 10 rule. AutoFill enables users to effectively import previous filings by allowing them to fill out a filing once and then save that template for reuse in future filings. It also allows users to save their in-progress filings as templates. A native save/share feature is still under discussion. Comment (g)(2): Increasing the search functionality in the 232 Exclusions Portal. Commerce received a number of comments requesting improvements to various aspects of the search functionality in the 232 Exclusions Portal. A commenter requested that product class should be a searchable field, and that product class should be added to the main portal screen with a filtering function. Another commenter noted that the search functionality needs to be improved by adding a simple ‘‘find all’’ type of search capability in the 232 Exclusions Portal. One commenter noted that the search functionality is not as good as it is in www.regulations.gov. Another commenter requested a change be made to allow the download of individual submissions and all data in the new portal. Specifically, this commenter noted that it is extremely important that all users can download both individual submissions (exclusion requests, objections, rebuttal, and surrebuttal filings) and the information found in the portal in its entirety, as can be done currently in www.regulations.gov. Another commenter noted that it is difficult to extract data for queried databases, particularly from the volume and origin fields. Another commenter requested allowing users to refresh the portal without resetting the filters. BIS response: Commerce had addressed a number of these concerns with the 232 Exclusions Portal by improving the Public Data Extract VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 functionality of the portal. The Public Data Extract tool allows users to download a filterable and searchable set of all filed data in the 232 Exclusions Portal, effectively functioning as an advanced search feature. Commerce will continue to consider additional measures to improve the Public Data Extract tool. Comment (g)(3): Improving Dashboard functionality. A commenter requested that the dashboard allow organizations to allow others in their organizations to view submissions made by others in the same organization. BIS response: Commerce has made changes under the Dashboard Limit to address these types of requests for additional Dashboard functionality. Commerce expanded the Dashboard View in the 232 Exclusions Portal in 2020, improving dashboard functionality by allowing users to see all of their filings in one location on the front page of their Dashboard. Comment (g)(4): Allow extensions of time when 232 Exclusions Portal is not accessible. A commenter expressed concern about technical issues with accessing the new 232 Exclusions Portal. This commenter requested that if documented information technology issues with the portal occur, Commerce should be able to extend the time for companies to file exclusion requests or objections. BIS response: Commerce has taken steps to address technical extensions for timelines for 232 submission. Specifically, BIS works with users on a case-by-case basis to address any technical issues encountered and take necessary corrective action. Occasionally these corrective measures may include reopening filing windows during periods in which they were inaccessible. Changes Made in This Interim Final Rule To Improve the 232 Exclusions Process Simplification of the Text As described further below, this rule makes three changes to simplify the text for the 232 exclusions process by removing one of the supplements, and making conforming changes to add references to aluminum in the steel supplement; removing references to www.regulations.gov; and, as a conforming change, removing the Annex that provided steps for using www.regulations.gov. When Commerce added supplements nos. 1 and 2 to part 705, the objective was to create two parallel supplements with one specific to the 232 exclusion process for steel under supplement no. PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 81069 1, and a second one specific to the 232 exclusion process for aluminum under supplement no. 2. Commerce has reevaluated whether this parallel structure is needed because the vast majority of the text is identical between the two supplements and, when making updates to improve the regulatory provisions, it creates the potential for unintended differences between the two supplements and makes updating the two supplements more burdensome than necessary. For these reasons, in this rule Commerce is removing supplement no. 2 to part 705 and is making conforming changes to supplement no. 1 where information that is specific to aluminum needs to be added because of the removal of supplement no. 2. This interim final rule updates and simplifies the text in supplement no. 1 by removing various references to www.regulations.gov and all text that was previously needed in supplement no. 1 to describe the previous process of using www.regulations.gov for submitting 232 submissions. At this time, there are no longer any more pending 232 exclusion requests in www.regulations.gov. Therefore, Commerce is removing those references to www.regulations.gov from supplement no. 1 in this rule, thus simplifying and shortening the text in supplement no. 1 considerably. As an additional conforming change related to the removal of references to www.regulations.gov, this rule removes Annex 1 to Supplements No. 1 and 2 to Part 705—Steps for Using Regulations.gov to File Rebuttals and Surrebuttals. The additional guidance included in this Annex is no longer needed because www.regulations.gov is no longer being used for the 232 exclusions process. The 232 Exclusions Portal does not require guidance on the steps to be included in the regulations. Adding Reminder Regarding Consequences for False Statements or Representations This interim final rule adds a new Note 2 to Paragraph (b) to remind all parties submitting 232 submissions under supplement no. 1 to part 705 that it is a criminal offense to willfully make a false statement or representation to any department or agency of the United States Government as to any matter within its jurisdiction [18 U.S.C. 1001(2018)]. As a conforming change, this interim final rule redesignates the existing Note to Paragraph (b) as Note 1 to Paragraph (b). E:\FR\FM\14DER2.SGM 14DER2 81070 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES2 Improving the Fairness and Efficiency of the Review Process In order to improve the efficiency of the review process, this interim final rule reduces the page limit for exclusion requests, objections to submitted exclusion requests, rebuttals, and surrebuttals. In paragraph (e), this rule removes the 25-page limit for exclusions and objections to submitted exclusions requests, and replaces that with a 5,000word limit. In paragraph (f)(2), this rule removes the ten-page limit for rebuttals and replaces that with a 2,500-word limit. In paragraph (g)(2), this rule removes the ten-page limit for surrebuttals and replaces that with a 2,500-word limit. 232 Exclusion Request Volume Certification This interim final rule makes changes to ensure that the volume request in exclusion requests is consistent with the past use of steel or aluminum by an exclusion requester. This interim final rule revises paragraph (c)(5) (Substance of exclusion requests) by redesignating the existing text of paragraph (c)(5) as a new paragraph (c)(5)(i). This interim final rule adds a new paragraph (c)(5)(ii) (Certification for volume requested). New paragraph (c)(5)(i) specifies that in order to ensure that the volume requested in an exclusion request is consistent with legitimate business needs for the same steel or aluminum articles obtained (i.e., imported from abroad either directly by the requester or indirectly by purchasing from distributors) by the entity requesting an exclusion, a certification needs to be made in the 232 Exclusions Portal when completing the submission of a 232 exclusion request. The 232 Exclusions Portal will include the text specified in paragraphs (c)(5)(ii)(A)–(E), and this exclusion request certification for volume requested must be signed in the 232 Exclusions Portal by an organization official specifically authorized to certify the document as being accurate and complete to the best of his/her knowledge. The person signing the certification under paragraph (c)(5)(ii)(A) must attest that the exclusion requester intends to manufacture, process, or otherwise transform the imported product for which they have filed an exclusion request, or has a purchase order or orders for such products. Under paragraph (c)(5)(ii)(B), the exclusion requester must certify that they do not intend to use the requested exclusion, if granted, solely to hedge or arbitrage the price. Under paragraph (c)(5)(ii)(C), the exclusion requester must certify that VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 they expect to consume, sell, or otherwise use the total volume of product across all their active exclusions and pending exclusion requests in the course of their organization’s business activities within the next calendar year. Under new paragraph (c)(5)(ii)(D), the exclusion requester is submitting an exclusion request for a product for which they previously received an exclusion, they must certify that they either imported the full amount of their approved exclusion(s) last year, or intended to import the full amount but could not due to one of the reasons specified in new paragraphs (c)(5)(ii)(D)(1)–(3). The criteria included in new paragraphs (c)(5)(ii)(D)(1)–(3) that must be attested to, if applicable, are intended to ensure that, if a requester did not import the full amount, there were legitimate business reasons justifying that outcome. These legitimate business reasons are loss of contract(s); business downturns; or other factors that were beyond the organization’s control that directly resulted in less need for steel or aluminum articles. Under new paragraph (c)(5)(ii)(E), the exclusion requester certifies that the exclusion amount requested this year is in line with what their organization expects to import based on their current business outlook. Lastly, paragraph (c)(5)(ii)(E) requires the exclusion requester to certify that, if contacted by Commerce, their organization will provide documentation that justifies the assertions in the certification regarding past imports of steel or aluminum articles and projections for the current year, as it relates to past and current calendar year exclusion requests. This interim final rule adds a new Note 2 to paragraphs (c)(5)(i) and (ii) to make the public aware that an exclusion request that does not include a certification made in accordance with (c)(5)(i) and (ii) will be treated as an incomplete submission and will therefore be rejected. Clarification of Eight Weeks and Available ‘‘Immediately’’ This rule makes changes to clarify when an objector would be required to be able to provide the steel or aluminum in the quantity and quality to which they were objecting on the basis that they could provide that steel or aluminum ‘‘immediately.’’ In the introductory text of paragraph (c)(6), this rule revises the criteria to clarify that an objector must be able to provide the steel or aluminum ‘‘by a date earlier than the time required for the requester to obtain the entire PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 quantity of the product from the requester’s foreign supplier,’’ instead of being strictly limited to producing it within eight weeks. In paragraph (c)(6)(i), this rule retains the term ‘‘immediately,’’ but clarifies that the aluminum or steel does not need to be produced within eight weeks in certain cases. This interim final rule clarifies that ‘‘immediately’’ now means produced and delivered within eight weeks or, if not possible, then produced and delivered within a time frame that is equal to or earlier than that needed by the requester as demonstrated by the time required to obtain the product from the requester’s foreign supplier. This change is made to create a more equal playing field between U.S. objectors and foreign producers, and to ensure that U.S. producers are not given less time to be able to meet the steel or aluminum demand being requested in an exclusion request. For example, if a requester can obtain foreign-produced steel described in an exclusion request in 12 weeks, there is no reason to arbitrarily limit the U.S. producer to having to produce the steel within eight weeks. The change this interim final rule makes to the term ‘‘immediately’’ addresses this issue. This interim final rule also revises paragraph (c)(6)(i) to address the scenario where an objector can produce and deliver a portion of the steel or aluminum that is being requested in the exclusion request. This new sentence clarifies that, consistent with current practice, Commerce may partially approve an exclusion request when an objector can produce and deliver a portion, which is less than 100 percent but 10 percent or more, of the amount of steel or aluminum being requested in the exclusion request. In such cases, Commerce may partially approve a requested exclusion for that percentage of imported steel or aluminum that the objector has demonstrated it can produce and deliver. This interim final rule revises paragraph (d)(4) to clarify that, if an objector is not currently producing the steel or aluminum but can produce the aluminum or steel and make it available ‘‘immediately,’’ the objector still has ground to object to the exclusion request. This rule defines the term ‘‘immediately’’ to mean that the objector must be able to produce and deliver the quantity of steel or aluminum needed either within eight weeks, or if after eight weeks, by a date earlier than the time required for the requester to obtain the entire quantity of the product from the requester’s foreign supplier. It is incumbent upon both the exclusion requester and objecting producers to E:\FR\FM\14DER2.SGM 14DER2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES2 provide supplemental evidence supporting their claimed delivery times. General Approved Exclusions (GAEs) This rule adds a new Supplement No. 2 to Part 705—General Approved Exclusions (GAEs) for Steel Articles Under the 232 Exclusions Process, and a new Supplement No. 3 to Part 705— General Approved Exclusions (GAEs) for Aluminum Articles under the 232 Exclusions Process. These two supplements identify the steel and aluminum articles that have been approved for import under a GAE. This rule adds 108 GAEs for steel articles under supplement no. 2 part 705 and 15 GAEs for aluminum articles under supplement no. 3 to part 705. Each GAE is identified under the GAE identifier column, e.g., GAE.1.S: 7304592030 (for the first approved GAE for steel) or GAE.1.A: 7609000000 (for the first approved GAE for aluminum). 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, makes these determinations that certain aluminum and steel articles may be authorized under a GAE consistent with the objectives of the 232 exclusions process as outlined in supplement no. 1 to this part. The GAEs described in these supplements may be used by any importer. The two new supplements specify that, in order to use a GAE, the importer must reference the GAE identifier in the Automated Commercial Environment (ACE) system that corresponds to the steel or aluminum articles being imported. GAEs do not include quantity limits. The effective date for each GAE will be fifteen calendar days after the date of publication of a Federal Register notice either adding or revising a specific GAE identifier in supplement no. 1 to this part. There will be no retroactive relief for GAEs. This interim final rule also specifies that relief is only available to steel or aluminum articles that are entered for consumption, or withdrawn from warehouse for consumption, on or after the effective date of a GAE included in supplement no. 1 to this part. These GAEs are indefinite in length, but Commerce may at any time issue a Federal Register notice removing, revising, or adding to an existing GAE in this supplement as warranted to align with the objectives of the 232 exclusions process as described in supplement no. 1 to this part. VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 Commerce may periodically publish notices of inquiry in the Federal Register soliciting public comments on potential removals, revisions, or additions to this supplement. Other Changes and Clarifications to the 232 Exclusions Process In paragraph (b)(5)(iii), this interim final rule adds a new paragraph (b)(5)(iii)(A) and redesignates existing paragraphs (b)(5)(iii)(A)–(C) as paragraphs (B) to (D). New paragraph (b)(5)(iii)(A) clarifies the process for handling CBI related to exclusion requests or objections by directing exclusion requesters and objectors to check the appropriate box in the 232 Exclusions Portal to indicate that the filer has relevant CBI for consideration when applicable. This new paragraph also clarifies the existing practice that if Commerce determines after review that the CBI is needed, Commerce will directly request the CBI. In paragraph (c)(2) (Identification of exclusion requests), this rule removes the word ‘‘distinct’’ in the phrase ‘‘distinct critical dimensions.’’ This change is being made to avoid any potential confusion on the scope of ranges that are permissible under an exclusion request. This change will make clear that, provided the range being requested in an exclusion request is within the minimum and maximum range that is specified in the HTSUS statistical reporting number and applicable notes for the provision, a single exclusion request may be requested for that steel or aluminum article. Objections that indicate the ability to produce one or more products within the range, even if not the entire range, will be considered to be valid objections to an exclusion request. Also in paragraph (c)(2), this rule removes the Note to paragraph (c)(2) because it is no longer needed. The exclusions form on the 232 Exclusions Portal does not include that block for countries subject to a quantitative limitation, so the instructions in the Note to paragraph (c)(2) are no longer needed. In paragraph (c)(6) (Criteria used to review exclusion requests) introductory text, this interim final rule adds one sentence at the end for clarification and to alert the public that items for which a broader determination has been made will be identified in supplements no. 2 or 3 to part 705. In paragraph (d)(3) (Time limit for submitting objections to submitted exclusions requests), this interim final rule makes revisions to specify that the 30-day clock starts at 11:59 p.m. Eastern Time on the calendar day an exclusion PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 81071 request is posted in the 232 Exclusions Portal. In paragraph (h)(1)(i), this interim final rule adds the term ‘‘rejected’’ before the phrase ‘‘or denied’’ to clarify that exclusion requests that do not satisfy the requirements specified in paragraphs (b) and (c) of this supplement may be rejected or denied. In paragraph (h)(2)(iv) (Validity period for exclusion requests), this interim final rule makes revisions to add the phrase ‘‘from the date of the signature on the decision memo’’ to clarify that exclusions will generally be approved for one year from the date of the signature on the decision memo. Types of Comments Commerce Is Requesting on This Rule Commerce is not seeking comments regarding the duties or quantitative limitations themselves or the exclusion and objection process overall. Rather, Commerce seeks comments on whether the specific changes included in this fourth interim final rule have addressed earlier concerns with the 232 exclusions process. Specifically, Commerce encourages comments on these 232 exclusions process changes and on which features are an improvement and comments highlighting any areas of concern or suggestions for improvement. Commerce will continue to make improvements to the 232 exclusions process, including improvements based on comments received on this rule, and parties will be notified of any additional changes to the 232 exclusions process and of any new features to the 232 Exclusions Portal. 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. Pursuant to Proclamations 9704 and 9705 of March 8, 2018, and Proclamations 9776 and 9777 of August 29, 2018, the establishment of procedures for an exclusions process under each Proclamation shall be published in the E:\FR\FM\14DER2.SGM 14DER2 jbell on DSKJLSW7X2PROD with RULES2 81072 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations Federal Register and are exempt from Executive Order 13771. 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. This final regulation involves four collections currently approved by OMB with the following control numbers • Exclusions from the Section 232 National Security Adjustments of Imports of Steel and Aluminum (control number 0694–0139). • Objections from the Section 232 National Security Adjustments of Imports of Steel and Aluminum (control number 0694–0138). • Procedures for Submitting Rebuttals and Surrebuttals Requests for Exclusions from and Objections to the Section 232 Adjustments for Steel and Aluminum (OMB control number 0694– 0141). • Procedures for Submitting Requests for Expedited Relief from Quantitative Limits—Existing Contract: Section 232 National Security Investigations of Steel Imports (OMB control number 0694– 0140). This rule is expected to reduce the burden hours for one of the collections associated with this rule, OMB control number 0694–0139. This reduction is expected because of the addition of 108 GAEs for steel and 15 GAEs for aluminum, which is expected to result in a decrease of 5,000 exclusion request per year. This is expected to be a reduction in 5,000 burden hours for a total savings of 740,000 dollars to the public. This is also expected to be a reduction in 30,000 burden hours for a total savings of 1,170,000 dollars to the U.S. Government. The steel and aluminum articles that have been identified as being eligible for GAEs have typically not received any objections, so the addition of these new GAEs is not estimated to result in a decrease in the number of objections, rebuttals, or surrebuttals received by BIS. This rule is not expected to increase the burden hours for two of the collections associated with this rule, OMB control numbers 0694–0138, 0694–0141 as minimal changes are anticipated. BIS is making a change to the collection for OMB control number 0694–0140 to account for certification that needs to be made in the 232 Exclusions Portal under paragraph VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 (c)(5)(ii). Any comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, may be sent to https://www.reginfo.gov/public/do/ PRAMain. 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 an effective process by which affected domestic parties can obtain exclusion requests ‘‘based upon specific national security considerations.’’ Commerce started this process with the publication of the March 19 rule and refined the process with the publication of the September 11 and June 10 rules and is continuing this process with the publication of today’s interim final rule. The revisions to the exclusion request process are informed by the comments received in response to the March 19 rule and Commerce’s experience with managing the 232 exclusions process. Commenters on the past rules (March 19, September 11 and June 10 rules) were generally supportive and welcomed the idea of creating an exclusion process, but most of the commenters believe the exclusion process, although improving over time, still could be significantly improved in order for it to achieve the intended purpose. The commenters identified a number of areas where transparency, effectiveness, and fairness of the process could be improved. Commerce understands the importance of having a transparent, fair, and efficient product exclusion request process, consistent with the directive provided by the President to create this type of process to mitigate any unintended consequences of imposing the tariffs on steel and aluminum in order to protect critical U.S. national security interests. The publication of today’s rule should make further improvements in all three PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 respects, but because of the scope of this new process, BIS is publishing today’s rule as an interim final rule with a request for comments. In addition, Commerce 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 that there is good cause 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 that 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. The Presidential Proclamations further directed the Secretary to, within ten days, issue procedures for submitting and granting these requests for exclusions—this interim final rule fulfills that direction. As described above, the Secretary complied with the direction from the President with the publication of the March 19 rule, as well as in the improvements made in the September 11 and June 10 rules, and is taking the next step in improving the 232 exclusions process by making needed changes with the publication of today’s rule. The immediate implementation of an effective exclusion request process, consistent with the intent of the Presidential Proclamations, also required creating a process to allow any individual or organization in the United States to submit objections to submitted exclusion requests. The objection process was created with the publication of the March 19 rule, and the rebuttal and surrebuttal process was added in the publication of the September 11 rule to further improve the 232 exclusions process. The publication of today’s rule makes needed changes in the 232 exclusions process to create the type of fair, transparent, and efficient process that E:\FR\FM\14DER2.SGM 14DER2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations was intended in the March 19, September 11 and June 10 rules, but was still found lacking by commenters in several key respects. Today’s rule makes critical changes to ensure a fair, transparent, and efficient exclusion process. If this interim final rule were to be delayed to allow for public comment or to provide for a thirty day delay in the date of effectiveness, companies in the United States would be unable to immediately benefit from the improvements made in the exclusion, objection, rebuttal, and surrebuttal process and could face significant economic hardship, which could potentially create a detrimental effect on the general U.S. economy. Whether they were supportive of tariffs or against tariffs, the comments received on the March 19, September 11 and June 10 rules were clear that an efficient exclusion request, objection, rebuttal, and surrebuttal process was needed, that the March 19 rule had not sufficiently created such a process, and that, although substantial improvements were made with the publications of the September 11 and June 10 rules, additional improvements were needed. Commenters noted that, if specific improvements are not made, significant economic consequences could occur. Commenters also thought the inefficiencies of the process could undermine other critical U.S. national security interests. Likewise, our national security could be impacted if Commerce lacked adequate information to make a fair, transparent and efficient determination for all parties involved and to ensure the critical national security considerations are being protected. 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, no regulatory flexibility analysis is required and none has been prepared. jbell on DSKJLSW7X2PROD with RULES2 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 of 15 CFR chapter VII is amended as follows: VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 PART 705—EFFECT OF IMPORTED ARTICLES ON THE NATIONAL SECURITY 1. The authority citation for part 705 continues 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. Supplement No. 1 to part 705 is revised to read as follows: ■ Supplement No. 1 to Part 705— Requirements for Submissions Requesting Exclusions From the Adjustment of Imports of Aluminum and Steel Imposed Pursuant to Section 232 of the Trade Expansion Act of 1962, as Amended On March 8, 2018, the President issued Proclamations 9704 and 9705 concurring with the findings of the January 11, 2018 reports of the Secretary of Commerce on the effects of imports of aluminum and steel mill articles (steel articles) on the national security and determining that adjusting aluminum and steel imports through the imposition of duties is necessary so that their imports will no longer threaten to impair the national security. Clause 3 of Proclamations 9704 and 9705 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 at the request of directly affected parties located in the United States if the requested steel or aluminum article is 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. On August 29, 2018, the President issued Proclamation 9776. Clause 1 of Proclamation 9776, authorizes the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and such other senior Executive Branch officials as the Secretary deems appropriate, to provide relief from the applicable quantitative limitations set forth in Proclamation 9740 and Proclamation 9759 for steel articles and as set forth in Proclamation PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 81073 9739 and 9758 for aluminum articles and their accompanying annexes, as amended, at the request of a directly affected party located in the United States for any steel or aluminum article determined by the Secretary to not be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality. The Secretary is also authorized to provide such relief based upon specific national security considerations. (a) Scope. This supplement specifies the requirements and process for how directly affected parties located in the United States may submit requests for exclusions from the duties and quantitative limitations imposed 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 for relief from the duties or quantitative limitations imposed by the President and the process for rebuttals to submitted objections and surrebuttals (collectively, ‘‘232 submissions’’). This supplement identifies the time periods for such submissions, the methods of submission, and the information that must be included in such submissions. (b) Required forms. The 232 Exclusions Portal (https:// www.commerce.gov/page/section-232investigations) includes four web-based forms that are to be used for submitting exclusion requests, objections to exclusion requests, rebuttals, and surrebuttals described in this supplement. On the 232 Exclusions Portal, each web-based form is available on the portal at the bottom of the preceding filing. For example, a party submitting an objection will access the objection form by scrolling to the bottom of the exclusion request, a rebuttal filer will access the rebuttal form by scrolling to the bottom of the objection form, and a surrebuttal filer would access the surrebuttal form by scrolling to the bottom of the rebuttal form. The U.S. Department of Commerce requires requesters and objectors to use the appropriate form as specified under paragraphs (b)(1) and (2) of this supplement for submitting exclusion requests and objections to submitted exclusion requests and the forms specified under paragraphs (b)(3) and (4) of this supplement for submitting rebuttals and surrebuttals. In addition, submitters of exclusion requests, objections to submitted exclusion requests, rebuttals, and surrebuttals to the 232 Exclusions Portal will be required to complete a webbased registration on the 232 Exclusions Portal prior to submitting any E:\FR\FM\14DER2.SGM 14DER2 jbell on DSKJLSW7X2PROD with RULES2 81074 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations documents. In order to register, submitters will be required to provide an email and establish a password for the account. After completing the registration, submitters will be able to login to an account on the 232 Exclusions Portal and submit exclusion requests, objections, rebuttals, and surrebuttal documents. (1) Form required for submitting exclusion requests. The full name of the form used for submitting steel exclusion requests is Request for Exclusion from Remedies: Section 232 National Security Investigation of Steel Imports. The full name of the form used for submitting aluminum exclusion requests is Request for Exclusion from Remedies: Section 232 National Security Investigation of Aluminum Imports. The Title of the web-based fillable form for both steel and aluminum in the 232 Exclusions Portal is Exclusion Request. (2) Form required for submitting objections to submitted exclusion requests. The name of the form used for submitting objections to submitted steel exclusion requests is Objection Filing to Posted Section 232 Exclusion Request: Steel. The name of the form used for submitting objections to submitted aluminum exclusion requests is Objection Filing to Posted Section 232 Exclusion Request: Aluminum. The Title of the web-based fillable form for both steel and aluminum in the 232 Exclusions Portal is Objection. (3) Form required for submitting rebuttals. The name of the form used for submitting rebuttals to steel objections is Rebuttal to Objection Received for Section 232 Exclusion Request: Steel. The name of the form used for submitting rebuttals to aluminum objections is Rebuttal to Objection Received for Section 232 Exclusion Request: Aluminum. The Title of the web-based fillable form for both steel and aluminum in the 232 Exclusions Portal is Rebuttal. (4) Form required for submitting surrebuttals. The name of the form used for submitting surrebuttals to steel objections is Surrebuttal to Rebuttal Received on Section 232 Objection: Steel. The name of the form used for submitting surrebuttals to aluminum objections is Surrebuttal to Rebuttal Received on Section 232 Objection: Aluminum. The Title of the web-based fillable form for both steel and aluminum in the 232 Exclusions Portal is Surrebuttal. Note to Paragraphs (b)(1) Through (4): On the 232 Exclusions Portal, each exclusion request is assigned a distinct ID #, which is also used with its associated 232 submissions, but preceded with an acronym VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 indicating the file type: Exclusion Requests (ER ID #), Objection (OF ID #), Rebuttals (RB ID #) and Surrebuttals (SR ID #). For an example of the four possible types of 232 submissions associated with a single exclusion request, you could have ER ID 237, OF ID 237, RB ID 237 and SR ID 237. The 232 Exclusions Portal will automatically assign the two letter designator depending on the type of web-based form being submitted in the portal and will assign an ID number to the original exclusion request and that ID number will be common to any objection, rebuttal, or surrebuttal submitted pertaining to the same exclusion request. (5) Public disclosure and information protected from public disclosure. (i) Information submitted in 232 submissions will be subject to public review and made available for public inspection and copying, except for the information described in paragraph (b)(5)(iii) of this supplement. Individuals and organizations must fully complete the relevant forms. (ii) Information not subject to public disclosure should not be submitted. 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 232 submissions. Individuals and organizations that have confidential business information (‘‘CBI’’) that they believe relevant to the Secretary’s consideration of the 232 submission should so indicate in the appropriate field of the relevant form, or on the rebuttal or surrebuttal submission, following the procedures in paragraph (b)(5)(iii) of this supplement. (iii) Procedures for identifying, but not disclosing confidential or proprietary business information (CBI) in the public version, and procedures for submitting CBI. For persons seeking to submit confidential or proprietary business information (CBI), the 232 submission available to the public must contain a summary of the CBI in sufficient detail to permit a reasonable understanding of the substance of the information. If the submitting person claims that summarization is not possible, the claim must be accompanied by a full explanation of the reasons supporting that claim. Generally, numerical data will be considered adequately summarized if grouped or presented in terms of indices or figures within ten percent of the actual figure. If an PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 individual portion of the numerical data is voluminous (e.g., five pages of numerical data), at least one percent of the numerical data, representative of that portion, must be summarized. In order to submit CBI that is not for public release as a separate email submission to the U.S. Department of Commerce, you must follow the procedures in paragraphs (b)(3)(iii)(A)–(D) of this supplement to assist the U.S. Department of Commerce in identifying these submissions and associating these submissions with the respective 232 submission in the 232 Exclusions Portal. Submitters with classified information should contact the U.S. Department of Commerce for instructions on the appropriate methods to send this type of information. (A) For CBI related to exclusion requests or objections, check the appropriate box in the 232 Exclusions Portal indicating that the filer has relevant CBI for consideration. If Commerce determines after review that the CBI is needed, Commerce will directly request the CBI from the exclusion requester or objector as warranted. (B) For CBI related to rebuttals or surrebuttals, on the same day that you submit your 232 submission in the 232 Exclusions Portal, submit the CBI via email to the U.S. Department of Commerce. The email address used is different depending on the type of submission the emailed CBI is for, as follows: CBI for rebuttals use 232rebuttals@doc.gov; and CBI for surrebuttals use 232surrebuttals@ doc.gov. (C) For rebuttals and surrebuttals pertaining to 232 submissions for exclusion requests the email subject line must only include the original 232 Exclusions Portal Exclusion Request (ER) ID # and the body of the email must include the 232 Exclusions Portal Rebuttal (RB) ID #, or Surrebuttal (SR) ID # you received from the 232 Exclusions Portal when you successfully submitted your rebuttal or surrebuttal. These naming conventions used in the 232 Exclusions Portal, respectively, will assist the U.S. Department of Commerce to associate the CBI that will not be posted in the 232 Exclusions Portal with the information included in the public submission. (D) Submit the CBI as an attachment to that email. The CBI is limited to a maximum of five pages per rebuttal or surrebuttal. The email is to be limited to sending your CBI. All other information for the public submission, and public versions of the CBI, where appropriate, for a 232 submission in the 232 E:\FR\FM\14DER2.SGM 14DER2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations Exclusions Portal following the procedures identified in this supplement, as appropriate. Note 1 to Paragraph (b) for Submissions of Supporting Documents (Attachments): Supporting attachments must be emailed as PDF documents. jbell on DSKJLSW7X2PROD with RULES2 Note 2 to Paragraph (b): It is a criminal offense to willfully make a false statement or representation to any department or agency of the United States Government as to any matter within its jurisdiction [18 U.S.C. 1001(2018)]. (c) Exclusion requests. (1) Who may submit an exclusion request? Only directly affected individuals or organizations located in the United States may submit an exclusion request. An individual or organization is ‘‘directly affected’’ if they are using steel in business activities (e.g., construction, manufacturing, or supplying steel product to users) in the United States. (2) Identification of exclusion requests. Separate exclusion requests must be submitted for steel products with chemistry by percentage breakdown by weight, metallurgical properties, surface quality (e.g., galvanized, coated), and critical dimensions covered by a common HTSUS statistical reporting number. Separate exclusion requests must be submitted for aluminum products with critical dimensions covered by a common HTSUS statistical reporting number. The exclusion request forms allow for minimum and maximum dimensions. A permissible range must be within the minimum and maximum range that is specified in the HTSUS statistical reporting number and applicable notes. Separate exclusion requests must also be submitted for products falling in more than one tendigit HTSUS statistical reporting number. The U.S. Department of Commerce 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 productbased exclusion request to apply to additional importers. Other directlyaffected individuals or organizations located in the United States 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 request under this supplement. These additional exclusion requests by other directly-affected individuals or organizations in the United States are not required to reference the previously approved exclusion but are advised to do so, if VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 they want Commerce to take that exclusion into account when reviewing a subsequent exclusion request. Directly affected 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 submitted directly on the 232 Exclusions Portal (https:// www.commerce.gov/page/section-232investigations). (4) No time limit for submitting exclusion requests. Exclusion requests may be submitted at any time. (5)(i) Substance of exclusion requests. An exclusion request must specify the business activities in the United States within which the requester is engaged that qualify the individual or organization to be directly affected and thus eligible 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, reasonably available amount, and of a satisfactory quality, or for specific national security considerations. (ii) Certification for volume requested. In order to ensure that the volume requested in an exclusion request is consistent with legitimate business needs for the same steel or aluminum articles obtained (i.e., imported from abroad either directly by the requester or indirectly by purchasing from distributors) by the entity requesting an exclusion, the following certification in paragraphs (c)(5)(ii)(A)–(E) must be acknowledged in the 232 Exclusions Portal when completing the submission of a 232 exclusion request. The exclusion request certification for volume requested must be signed by an organization official specifically authorized to certify the document (the certification being made in the 232 Exclusions Portal) as being accurate and complete. The undersigned certifies in the 232 Exclusions Portal that the information herein supplied in response to this paragraph is complete and correct to the best of his/her knowledge. By signing the certification below, I attest that: (A) My organization intends to manufacture, process, or otherwise transform the imported product for which I have filed an exclusion request or I have a purchase order or orders for such products; PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 81075 (B) My organization does not intend to use the exclusion for which I have filed an exclusion request, if granted, solely to hedge or arbitrage the price; (C) My organization expects to consume, sell, or otherwise use the total volume of product across all my active exclusions and pending exclusion requests in the course of my organization’s business activities within the next calendar year; (D) If my organization is submitting an exclusion request for a product for which we previously received an exclusion, I certify that my organization either imported the full amount of our approved exclusion(s) last year or intended to import the full amount but could not due to one of the following reasons: (1) Loss of contract(s); (2) Unanticipated business downturns; or (3) Other factors that were beyond my organization’s control that directly resulted in less need for steel or aluminum articles; and (E) I certify that the exclusion amount requested this year is in line with what my organization expects to import based on our current business outlook. If requested by the Department of Commerce, my organization shall provide documentation that justifies its assertions in this certification regarding its past imports of steel or aluminum articles and its projections for the current year, as it relates to past and current calendar year exclusion requests. Note to Paragraphs (c)(5)(i) and (ii): Any exclusion request that does not include a certification made in accordance with (c)(5)(ii) will be treated as an incomplete submission and will therefore be rejected. (6) Criteria used to review exclusion requests. The U.S. Department of Commerce will review each exclusion request to determine whether an article described in an exclusion request meets any of the following three criteria: The article is not produced in the United States in an amount which can be delivered in a time period equal to or less than the time needed for the requester to obtain the product from their foreign supplier, is not produced in the United States in a satisfactory quality, or for specific national security considerations. The reviews will be made on a case-by-case basis to determine whether the requester has shown that the article is not produced in the United States in sufficient and reasonably available amount or of a satisfactory quality, or that there are specific national security considerations to grant the exclusion. To provide E:\FR\FM\14DER2.SGM 14DER2 jbell on DSKJLSW7X2PROD with RULES2 81076 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations additional context on the meaning and application of the criteria, paragraphs (c)(6)(i)–(iii) of this supplement define keys terms used in the review criteria and provide illustrative application examples. The U.S. Department of Commerce will use the same criteria identified in paragraphs (c)(6)(i)–(iii) of this supplement when determining whether it is warranted to approve broader product-based exclusions based on trends the Department may see over time with 232 submissions. The public is not permitted to request broader product-based exclusions that would apply to all importers, because the Department makes these determinations over time by evaluating the macro trends in 232 submissions. Items for which a broader determination has been made will be identified in supplements no. 2 or 3 to part 705. (i) Not produced in the United States in a sufficient and reasonably available amount. The exclusion review criterion ‘‘Not produced in the United States in a sufficient and reasonably available amount’’ means that the amount that is needed by the end user requesting the exclusion is not available immediately in the United States to meet its specified business activities. Available ‘‘immediately’’ means that a product (whether it is currently being produced in the United States, or could be produced in the United States) can be delivered by a U.S. producer ‘‘within eight weeks’’, or, if that is not possible, by a date earlier than the time required for the requester to obtain the entire quantity of the product from the requester’s foreign supplier. Furthermore, to the extent that an objector can produce and deliver a portion, which is less than 100 percent, but ten percent or more, of the amount of steel or aluminum needed in the business activities of the user in the United States described in the exclusion request, the Department of Commerce may deny a requested exclusion for that percentage of imported steel or aluminum. It is incumbent upon both the exclusion requester, and objecting producers, to provide supplemental evidence supporting their claimed delivery times. (ii) Not produced in the United States in a satisfactory quality. The exclusion review criterion ‘‘not produced in the United States in a satisfactory quality’’ does not mean the steel or aluminum needs to be identical, but it does need to be equivalent as a substitute product. ‘‘Substitute product’’ for purposes of this review criterion means that the steel or aluminum being produced by an objector can meet ‘‘immediately’’ (see paragraph (c)(6)(i) of this supplement) VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 the quality (e.g., industry specs or internal company quality controls or standards), regulatory, or testing standards, in order for the U.S.produced steel to be used in that business activity in the United States by that end user. (A) Steel application examples. For a steel example, if a U.S. business activity requires that steel plates to be provided must meet certain military testing and military specification standards in order to be used in military combat vehicles, that requirement would be taken into account when reviewing the exclusion request and any objections, rebuttals, and surrebuttals submitted. As another steel example, if a U.S. business activity requires that steel tubing to be provided must meet certain Food and Drug Administration (FDA) approvals to be used in medical devices, that requirement would be taken into account when reviewing the exclusion request and any objections, rebuttals, and surrebuttals submitted. Another steel example would be a food manufacturer that requires tin-plate approval from the U.S. Department of Agriculture (USDA) to make any changes in the tin-plate it uses to make cans for fruit juices. An objector would not have to make steel for use in making the cans that was identical, but it would have to be a ‘‘substitute product,’’ meaning it could meet the USDA certification standards. (B) Aluminum application examples. For an aluminum example, if a U.S. business activity requires that aluminum to be provided must meet certain military testing and military specification standards in order to be used in military aircraft, that requirement would be taken into account when reviewing the exclusion request and any objections, rebuttals, and surrebuttals submitted. Another aluminum example would be a U.S. pharmaceutical manufacturer that requires approval from the Food and Drug Administration (FDA) to make any changes in its aluminum product pill bottle covers. An objector would not have to make aluminum for use in making the product covers that was identical, but it would have to be a ‘‘substitute product,’’ meaning it could meet the FDA certification standards. (iii) For specific national security considerations. The exclusion review criterion ‘‘or for specific national security considerations’’ is intended to allow the U.S. Department of Commerce, in consultation with other parts of the U.S. Government as warranted, to make determinations whether a particular exclusion request PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 should be approved based on specific national security considerations. (A) Steel application examples. For example, if the steel included in an exclusion request is needed by a U.S. defense contractor for making critical items for use in a military weapons platform for the U.S. Department of Defense, and the duty or quantitative limitation will prevent the military weapons platform from being produced, the exclusion will likely be granted. The U.S. Department of Commerce, in consultation with the other parts of the U.S. Government as warranted, can consider other impacts to U.S. national security that may result from not approving an exclusion, e.g., the unintended impacts that may occur in other downstream industries using steel, but in such cases the demonstrated concern with U.S. national security would need to be tangible and clearly explained and ultimately determined by the U.S. Government. (B) Aluminum application examples. For example, if the aluminum included in an exclusion request is needed by a U.S. defense contractor for making critical items for use in a military weapons platform for the U.S. Department of Defense, and the duty or quantitative limitation will prevent the military weapons platform from being produced, the exclusion will likely be granted. The U.S. Department of Commerce, in consultation with the other parts of the U.S. Government as warranted, can consider other impacts to U.S. national security that may result from not approving an exclusion, e.g., the unintended impacts that may occur in other downstream industries using aluminum, but in such cases the demonstrated concern with U.S. national security would need to be tangible and clearly explained and ultimately determined by the U.S. Government. (d) Objections to submitted exclusion requests. (1) Who may submit an objection to a submitted exclusion request? Any individual or organization that manufactures steel or aluminum articles in the United States may file objections to steel exclusion requests, but the U.S. Department of Commerce 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 the objection in response to the request directly in the 232 Exclusions Portal. Once the relevant exclusion request has E:\FR\FM\14DER2.SGM 14DER2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations been located, an individual or organization that would like to submit an objection will access the objection form by scrolling to the bottom of the exclusion request form and then fill out the web-based form for submitting their objection to the exclusion request in the 232 Exclusions Portal (https:// www.commerce.gov/page/section-232investigations). (3) Time limit for submitting objections to submitted exclusions requests. All objections to submitted exclusion requests must be submitted directly on the 232 Exclusions Portal (https://www.commerce.gov/page/ section-232-investigations) no later than 30 days after the related exclusion request is posted, with the 30-day clock starting at 11:59 p.m. Eastern Time on the calendar day an 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. If the objector is asserting that it is not currently producing the steel or aluminum identified in an exclusion request but can produce the steel or aluminum and make that steel or aluminum available ‘‘immediately’’ in accordance with the time required for the user of steel or aluminum in the United States to obtain the product from its foreign suppliers, the objector must identify how it will be able to produce and deliver the quantity of steel or aluminum needed either within eight weeks, or if after eight weeks, by a date which is earlier than the named foreign supplier would deliver the entire quantity of the requested product. It is incumbent on both the exclusion requester, and objecting producers, to provide supplemental evidence supporting their claimed delivery times. This requirement includes specifying in writing to Department of Commerce as part of the objection, the timeline the objector anticipates in order to start or restart production of the steel included in the exclusion request to which it is objecting. For example, a summary timeline that specifies the steps that will occur over the weeks needed to produce that steel or aluminum would be helpful to include, not only for the Department of Commerce review of the objection, but also for the requester of the exclusion and its determination whether to file a rebuttal to the objection. The U.S. Department of Commerce understands that, in certain cases, regulatory approvals, such as from the VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 Environmental Protection Agency (EPA) or some approvals at the state or local level, may be required to start or restart production and that some of these types of approvals may be outside the control of an objector. (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 5,000 words, inclusive of all exhibits and attachments, but exclusive of the respective forms and any CBI provided to the U.S. Department of Commerce. Each attachment to a submission must be less than 10 MB. (f) Rebuttal process. Only individuals or organizations that have submitted an exclusion request pursuant to this supplement may submit a rebuttal to any objection(s) posted in the 232 Exclusions Portal (https:// www.commerce.gov/page/section-232investigations). The objections to submitted exclusion requests process identified under paragraph (d) of this supplement already establish a formal response process for steel and aluminum manufacturers in the United States. (1) Identification of rebuttals. When submitting a rebuttal, the individual or organization that submitted the exclusion request will access the rebuttal form by scrolling to the bottom of the objection form and then filling out the web-based form for submitting their rebuttal to the objection in the 232 Exclusions Portal (https:// www.commerce.gov/page/section-232investigations). (2) Format and size limitations for rebuttals. Similar to the exclusions process identified under paragraph (c) of this supplement and the objection process identified under paragraph (d) of this supplement, the rebuttal process requires the submission of a government form as specified in paragraph (b)(3) of this supplement. Each rebuttal is to be limited to a maximum of 2,500 words, inclusive of all exhibits and attachments, but exclusive of the rebuttal form and any CBI provided to the U.S. Department of Commerce. Each attachment to a submission must be less than 10 MB. (3) Substance of rebuttals. Rebuttals must address an objection to the exclusion request made by the requester. If multiple objections were received on a particular exclusion, the requester may submit a rebuttal to each objector. The most effective rebuttals will be those that aim to correct factual errors or misunderstandings in the objection(s). PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 81077 (4) Time limit for submitting rebuttals. The rebuttal period begins on the date the Department opens the rebuttal period after the posting of the last objection in the 232 Exclusions Portal. The rebuttal period ends seven days after the rebuttal comment period is opened. This seven-day rebuttal period allows for the individual or organization that submitted an exclusion request pursuant to this supplement to submit any written rebuttals that it believes are warranted. (g) Surrebuttal process. Only individuals or organizations that have a posted objection to a submitted exclusion request pursuant to this supplement may submit a surrebuttal to a rebuttal (see paragraph (f) of this supplement) posted to their objection to an exclusion request in the 232 Exclusions Portal (https:// www.commerce.gov/page/section-232investigations). (1) Identification of surrebuttals. When submitting a surrebuttal, the individual or organization that submitted the objection will access the surrebuttal form by scrolling to the bottom of the rebuttal form and then filling out the web-based form for submitting their surrebuttal to the rebuttal in the 232 Exclusions Portal (https://www.commerce.gov/page/ section-232-investigations). (2) Format and size limitations for surrebuttals. Similar to the exclusions process identified under paragraph (c) of this supplement, the objection process identified under paragraph (d) of this supplement, and the rebuttal process identified under paragraph (f) of this supplement, the surrebuttal process requires the submission of a government form as specified in paragraph (b)(4) of this supplement. The surrebuttal must be submitted in the 232 Exclusions Portal. Each surrebuttal is to be limited to a maximum of 2,500 words, inclusive of all exhibits and attachments, but exclusive of the surrebuttal form and any CBI provided to the U.S. Department of Commerce. Each attachment to a submission must be less than 10 MB. (3) Substance of surrebuttals. Surrebuttals must address a rebuttal to an objection to the exclusion request made by the requester. The most effective surrebuttals will be those that aim to correct factual errors or misunderstandings in the rebuttal to an objection. (4) Time limit for submitting surrebuttals. The surrebuttal period begins on the date the Department opens the surrebuttal comment period after the posting of the last rebuttal to an objection to an exclusion request in E:\FR\FM\14DER2.SGM 14DER2 jbell on DSKJLSW7X2PROD with RULES2 81078 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations the 232 Exclusions Portal. The surrebuttal period ends seven days after the surrebuttal comment period is opened. This seven-day surrebuttal period allows for the individual or organization that submitted an objection to a submitted exclusion request pursuant to this supplement to submit any written surrebuttals that it believes are warranted to respond to a rebuttal. (h) Disposition of 232 submissions— (1) Disposition of incomplete submissions. (i) Exclusion requests that do not satisfy the requirements specified in paragraphs (b) and (c) of this supplement will be rejected. (ii) Objection filings that do not satisfy the requirements specified in paragraphs (b) and (d) will not be considered. (iii) Rebuttal filings that do not satisfy the requirements specified in paragraphs (b) and (f) will not be considered. (iv) Surrebuttal filings that do not satisfy the requirements specified in paragraphs (b) and (g) will not be considered. (2) Disposition of complete submissions—(i) Posting of responses in the 232 Exclusions Portal. The U.S. Department of Commerce will post responses (decision memos) in the 232 Exclusions Portal to each exclusion request. The U.S. Department of Commerce response to an exclusion request will also be responsive to any of the objection(s), rebuttal(s) and surrebuttal(s) for that submitted exclusion request submitted through the 232 Exclusions Portal. (ii) Streamlined review process for ‘‘No Objection’’ requests. The U.S. Department of Commerce will grant properly filed exclusion requests which meet the requisite criteria, receive no objections, and present no national security concerns. If an exclusion request’s 30-day comment period in the 232 Exclusions Portal has expired and no objections have been submitted, BIS will immediately assess the request for any national security concerns. If BIS identifies no national security concerns, it will post a decision granting the exclusion request in the 232 Exclusions Portal. (iii) Effective date for approved exclusions and date used for calculating duty refunds—(A) Effective date for approved exclusions. Approved exclusions will be effective five business days after publication of the U.S. Department of Commerce response granting an exclusion in the 232 Exclusions Portal. Starting on that date, the requester will be able to rely upon the approved exclusion request in calculating the duties owed on the VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 product imported in accordance with the terms listed in the approved exclusion request. Companies are able to receive retroactive relief on granted requests dating back to the date of the request’s submission on unliquidated entries. (B) Contact for obtaining duty refunds. The U.S. Department of Commerce does not provide refunds on tariffs. Any questions on the refund of duties should be directed to CBP. (iv) Validity period for exclusion requests. Exclusions will generally be approved for one year from the date of the signature on the decision memo, but may be valid for shorter or longer than one year depending on the specifics of the exclusion request; any objections filed; and analysis by the U.S. Department of Commerce and other parts of the U.S. Government, as warranted, of the current supply and demand in the United States, including any limitations or other factors that the Department determines should be considered in order to achieve the national security objectives of the duties and quantitative limitations. (A) Examples of what fact patterns may warrant a longer exclusion validity period. Individuals or organizations submitting exclusion requests or objections may, and are encouraged to specify how long they believe an exclusion may be warranted and specify the rationale for that recommended time period. For example, an individual or organization submitting an exclusion request may request a longer validity period if there are factors outside of their control that may make it warranted to grant a longer period. These factors may include regulatory requirements that make a longer validity period justified, e.g., for an aircraft manufacturer that would require a certain number of years to make a change to an FAA-approved type certificate or for a manufacturer of medical items to obtain FDA approval. Business considerations, such as the need for a multi-year contract for steel with strict delivery schedules in order to complete a significant U.S. project by an established deadline, e.g., a large scale oil and gas exploration project, is another illustrative example of the types of considerations that a person submitting an exclusion request may reference. (B) Examples of what criteria may warrant a shorter exclusion validity period. Objectors are encouraged to provide their suggestions for how long they believe an appropriate validity period should be for an exclusion request. In certain cases, this may be an objector indicating it has committed to PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 adding new capacity that will be coming online within six months, so a shorter six-month period is warranted. Conversely, if an objector knows it will take two years to obtain appropriate regulatory approvals, financing and/or completing construction to add new capacity, the objector may, in responding to an exclusion that requests a longer validity period, e.g., three years, indicate that although they agree a longer validity period than one year may be warranted in this case, that two years is sufficient. (C) None of the illustrative fact patterns identified in paragraphs (h)(2)(iv)(A) or (B) of this supplement will be determinative in and of themselves for establishing the appropriate validity period, but this type of information is helpful for the U.S. Department of Commerce to receive, when warranted, to help determine the appropriate validity period if a period other than one year is requested. (3) Review period and implementation of any needed conforming changes—(i) Review period. The review period normally will not exceed 106 days for requests that receive objections, including adjudication of objections submitted on exclusion requests and any rebuttals to objections, and surrebuttals. The estimated 106-day period begins on the day the exclusion request is posted in the 232 Exclusions Portal, and ends once a decision to grant or deny is made on the exclusion request. (ii) Coordination with other agencies on approval and implementation. Other agencies of the U.S. Government, such as CBP, will take any additional steps needed to implement an approved exclusion request. These additional steps needed to implement an approved exclusion request are not part of the review criteria used by the U.S. Department of Commerce to determine whether to approve an exclusion request, but are an important component in ensuring the approved exclusion request can be properly implemented. 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. E:\FR\FM\14DER2.SGM 14DER2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations (i) For further information. If you have questions on this supplement, you may contact the Director, Industrial Studies, Office of Technology Evaluation, Bureau of Industry and Security, U.S. Department of Commerce, at (202) 482– 5642 or Steel232@bis.doc.gov regarding steel exclusion requests, or at (202) 482– 4757 or Aluminum232@bis.doc.gov regarding aluminum exclusion requests. The U.S. Department of Commerce website includes FAQs, best practices other companies have used for submitting exclusion requests and objections, and helpful checklists. The U.S. Department of Commerce has also included a manual providing instruction on the 232 Exclusions Portal for exclusion requests submitted on or after June 13, 2019, titled 232 Exclusions Portal Comprehensive Guide (‘‘232 Exclusions Guide’’) and posted online at (https://www.commerce.gov/ page/section-232-investigations) to assist your understanding when making 232 submissions in the 232 Exclusions Portal. GAE identifier GAE.1.S: 7304592030 ...... GAE.2.S: 7304592080 ...... GAE.3.S: 7220900060 ...... GAE.4.S: 7222406000 ...... GAE.5.S: 7306901000 ...... GAE.6.S: 7212600000 ...... GAE.7.S: 7227901060 ...... GAE.8.S: 7220207060 ...... GAE.9.S: 7223005000 ...... GAE.10.S: 7220208000 .... GAE.11.S: 7217108060 .... jbell on DSKJLSW7X2PROD with RULES2 GAE.12.S: 7226923060 .... GAE.13.S: 7229905016 .... GAE.14.S: 7215500018 .... GAE.15.S: 7304598060 .... VerDate Sep<11>2014 3. Effective December 29, 2020 Supplement No. 2 to part 705 is revised to read as follows: ■ Supplement No. 2 to Part 705—General Approved Exclusions (GAEs) for Steel Articles Under the 232 Exclusions Process This supplement identifies steel articles that have been approved for import under a General Approved Exclusion (GAE). 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, makes these determinations that certain steel articles may be authorized under a GAE consistent with the objectives of the 232 Exclusions Process as outlined in supplement no. 1 to this part. The GAEs described in this supplement may be used by any importer. GAEs do not include quantity limits. Each GAE identifier will be effective fifteen calendar days after 81079 publication of a Federal Register notice either adding or revising a specific GAE identifier. There is no retroactive relief for GAEs. Relief is only available to steel articles that are entered for consumption, or withdrawn from warehouse for consumption, on or after the effective date of a GAE included in supplement no. 2 to this part. In order to use a GAE, the importer must include the GAE identifier in the Automated Commercial Environment (ACE) system that corresponds to the steel articles being imported. These GAEs are indefinite in length, but the Department of Commerce on behalf of the Secretary of Commerce may at any time issue a Federal Register notice removing, revising or adding to an existing GAE in this supplement as warranted to align with the objectives of the 232 exclusions process as described in supplement no. 1 to this part. The Department of Commerce on behalf of the Secretary of Commerce may periodically publish notices of inquiry in the Federal Register soliciting public comments on potential removals, revisions or additions to this supplement. Description of steel that may be imported (at 10-digit harmonized tariff schedule of the United States (HTSUS) statistical reporting number or more narrowly defined at product level) Other limitations (e.g., country of import or quantity allowed) 7304592030. TUBES/PIPES/HLLW PRFLS OTH ALLOY STL, SMLESS, CIRC CS, NOT COLD-TRTD, SUITABLE FOR BOILERS ETC, HEAT-RESISTING STL. 7304592080. TUBES/PIPES/H PRFLS ALLOY STL, SMLSS, CIRC CS, NOT COLD-TRTD, SUIT FOR BOILERS ETC, NOT HTRSST STL, OS DIAM >406.4MM. 7220900060. OTHER FLAT-ROLLED STAINLESS STL, WDTH <600MM, FURTH WRKD THAN COLD-RLD, </=0.5% OR >/ =24% NICKEL, <15% CHROMIUM. 7222406000. ANGLES SHAPES AND SECTIONS STAINLESS STEEL, OTHER THAN HOT ROLLED, NOT DRILLED, NOT PUNCHED, AND NOT OTHERWISE ADVANCED. 7306901000. OTH TUBES/PIPES/HOLLOW PROFILES IRON/ NONALLOY STL, RIVETED/SIMILARLY CLOSED (NOT WELDED). 7212600000. FLAT-ROLLED IRON/NONALLOY STL, WDTH <600MM, CLAD. 7227901060. BARS/RODS TOOL STL (NOT HIGH-SPEED), HOTRLD, IRR COILS, NOT TEMPRD/TREATD/PARTLY MFTD, NOT BALL BEARING STEEL. 7220207060. FLAT-ROLLED STAINLESS STL, WDTH <300MM, COLD-RLD, THICKNESS >0.25MM BUT </=1.25MM, </=0.5% NICKEL, <15% CHROMIUM. 7223005000. FLAT WIRE OF STAINLESS STEEL ........................... ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 7220208000. FLAT-ROLLED STAINLESS STL, WDTH <300MM, COLD-RLD, THK </=0.25MM, RAZOR BLADE STL. 7217108060. ROUND WIRE IRON/NONALLOY STL, NOT PLATED/ COATED, >0.6% CARBON, NOT HEAT-TREATED, DIAM <1.0MM. 7226923060. FLAT-ROLLED OTH ALLOY STL, WDTH <300MM, COLD-RLD, TOOL STEEL OTH THAN HIGH-SPEED, OTHER THAN BALL-BEARING STEEL. 7229905016. ROUND WIRE OTHER ALLOY STL, DIAM <1.0MM ... 7215500018. OTHER BARS/RODS IRON/NONALLOY STL, COLDFORMED/FINISHED, NOT COILS, <0.25% CARBON, DIAMETER OR CROSS-SECTN >/=76MM BUT <228MM. 7304598060. TUBES/PIPES/HLLW PRFLS OTH ALLOY STL, SMLESS, CIRC CS, NOT CLD-TRTD, OS DIAMETER >285.8MM BUT <406.4MM, WALL THK<12.7MM. 03:46 Dec 12, 2020 Jkt 253001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 ............................ Federal Register citation ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ ............................ ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ ............................ E:\FR\FM\14DER2.SGM 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 14DER2 81080 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations GAE identifier GAE.16.S: 7228501040 .... GAE.17.S: 7304246030 .... GAE.18.S: 7229905031 .... GAE.19.S: 7304598010 .... GAE.20.S: 7219310010 .... GAE.21.S: 7304598045 .... GAE.22.S: 7306401090 .... GAE.23.S: 7220206010 .... GAE.24.S: 7211296080 .... GAE.25.S: 7217201500 .... GAE.26.S: 7219120026 .... GAE.27.S: 7219320020 .... GAE.28.S: 7304243010 .... GAE.29.S: 7219220035 .... GAE.30.S: 7222403085 .... GAE.31.S: 7222403045 .... GAE.32.S: 7219110060 .... GAE.33.S: 7304515005 .... GAE.34.S: 7219330025 .... GAE.35.S: 7217901000 .... GAE.36.S: 7219110030 .... GAE.37.S: 7217108030 .... GAE.38.S: 7212200000 .... GAE.39.S: 7217204560 .... GAE.40.S: 7220206060 .... GAE.41.S: 7217108025 .... GAE.42.S: 7220121000 .... jbell on DSKJLSW7X2PROD with RULES2 GAE.43.S: 7209900000 .... GAE.44.S: 7213913020 .... GAE.45.S: 7306617060 .... GAE.46.S: 7216330090 .... VerDate Sep<11>2014 Description of steel that may be imported (at 10-digit harmonized tariff schedule of the United States (HTSUS) statistical reporting number or more narrowly defined at product level) Other limitations (e.g., country of import or quantity allowed) 7228501040. OTHER BARS/RODS TOOL STL (NOT HIGHSPEED), COLD-FRMD/FNSHD, MAX CS <18MM, OTHER THAN OF ROUND OR RECTANGULAR CROSS SECTION WITH SURFACES GROUND, MILLED, OR POLISHED. 7304246030. TUBING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, OUTSIDE DIAM </=114.3MM, WALL THK >9.5 MM. 7229905031. ROUND WIRE OTHER ALLOY STL, WITH DIAMETER >/=1.0MM BUT <1.5MM. 7304598010. TUBES/PIPES/HOLLOW PROFILES OTH ALLOY STL, SEAMLESS, CIRC CS, NOT COLD-TREATED, NOT HEATRESISTANT, OUTSIDE DIAM <38.1MM. 7219310010. FLAT-ROLLED STAINLESS STL, WDTH >/=600MM, COLD-RLD, THK >/=4.75MM, COILS. 7304598045. TUBES/PIPES/HLLW PRFLS OTH ALLOY STL, SMLESS, CIRC CS, NOT CLD-TRTD, NOT HEAT-RESISTANT, OS DIAMETER >190.5MM BUT <285.8MM, WALL THK<12.7MM. 7306401090. OTH TUBES/PIPES/HOLLOW PRFLS STAINLESS STL, WELDED, CIRC CS, WALL THK <1.65MM, </=0.5% NICKEL. 7220206010. FLAT-ROLLED STAINLESS STL, WDTH <300MM, COLD-RLD, THK >1.25MM, >0.5% NICKEL, >1.5% BUT <5% BY WEIGHT OF MOLYBDENUM. 7211296080. FLAT-ROLLED IRON/NONALLOY STL, WIDTH >300MM BUT <600MM, NOT CLAD/PLATED/COATED, COLDRLD, >/=0.25% CRBN, THK </=1.25MM. 7217201500. FLAT WIRE IRON/NONALLOY STL, PLATED/COATED WITH ZINC. 7219120026. FLAT-ROLLED STAINLESS STL, WDTH >1575MM, HOT-RLD, COILS, THK >6.8MM BUT <10MM. 7219320020. FLAT-ROLLED STAINLESS STL, WDTH >/=1370MM, COLD-RLD, THICKNESS >3MM BUT <4.75MM, COILS, >0.5% NICKEL. 7304243010. CASING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, THREADED/COUPLED, OUTSIDE DIAM <215.9MM, WALL THK <12.7MM. 7219220035. FLAT-ROLLED STAINLESS STL, THICKNESS >/ =4.75MM BUT <10MM, WIDTH >/=600MM BUT <1575MM, HOTRLD, NOT COILS, THK 4.75-10MM, >0.5% NICKEL. 7222403085. SHAPES/SECTIONS STAINLESS STL, HOT-RLD, NOT DRILLED/PUNCHED/ADVANCED, MAX CROSS SECTION <80MM. 7222403045. SHAPES/SECTIONS STAINLESS STL, HOT-RLD, NOT DRILLED/PUNCHED/ADVANCED, MAX CS >/=80MM. 7219110060. FLAT-ROLLED STAINLESS STL, WDTH >1575MM, HOT-RLD, COILS, THK >10MM. 7304515005. TUBES/PIPES/HOLLOW PROFILES OTH ALLOY STL, SEAMLESS, CIRC CS, COLD-DRWN/RLD, HIGH-NICKEL ALLOY STL. 7219330025. FLAT-ROLLED STAINLESS STL, WDTH >/=1370MM, COLD-RLD, THICKNESS >1MM BUT <3MM, COILS, </=0.5% NICKEL. 7217901000. WIRE, IRON OR NONALLOY STEEL, COATED WITH PLASTICS. 7219110030. FLAT-ROLLED STAINLESS STL, WIDTH >/=600MM BUT <1575MM, HOT-RLD, COILS, THK >10MM. 7217108030. ROUND WIRE IRON/NONALLOY STL, NOT PLATED/ COATED, >0.6% CARBON, HEAT-TREATED, DIAMETER >/ =1.0MM BUT <1.5MM. 7212200000. FLAT-ROLLED IRON/NONALLOY STL, WDTH <600MM, ELECTROLYTICALLY PLATED/COATED WITH ZINC. 7217204560. ROUND WIRE IRON/NONALLOY STL, PLATED/ COATED WITH ZINC, DIAMETER >/=1.0MM BUT <1.5MM, >/ =0.6% CARBON. 7220206060. FLAT-ROLLED STAINLESS STL, WDTH <300MM, COLD-RLD, THK >1.25MM, </=0.5% NICKEL, <15% CHROMIUM. 7217108025. ROUND WIRE IRON/NONALLOY STL, NOT PLATED/ COATED, >0.6% CARBON, HEAT-TREATED, DIAM <1.0MM. 7220121000. FLAT-ROLLED STAINLESS STL, WIDTH >/=300MM BUT <600MM, HOT-RLD, THK <4.75MM. 7209900000. FLAT-ROLLED IRON/NONALLOY STL, WDTH >/ =600MM, COLD-RLD, NOT CLAD/PLATED/COATED, WHETHER OR NOT IN COILS. 7213913020. BARS/RODS IRON/NA STL, IRR COILS, HOT-RLD, CIRC CS<14MM DIAM, NOT TEMPRD/TREATD/PARTLY MFTD, WELDING QUALITY WIRE ROD. 7306617060. OTH TUBES/PIPES/HOLLOW PROFILES OTH ALLOY STL (NOT STAINLESS), WELDED, SQ/RECT CS, WALL THK <4MM. 7216330090. H SECTIONS IRON/NONALLOY STL, HOT-RLD/ DRWN/EXTRD, HEIGHT >/=80MM. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 03:46 Dec 12, 2020 Jkt 253001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 ............................ ............................ ............................ ............................ Federal Register citation 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ ............................ ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ ............................ ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ ............................ ............................ ............................ ............................ ............................ ............................ ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. FR PAGE NUMBER AND FR PAGE NUMBER AND FR PAGE NUMBER AND FR PAGE NUMBER AND ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. E:\FR\FM\14DER2.SGM 14DER2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations GAE identifier GAE.47.S: 7217905030 .... GAE.48.S: 7226923030 .... GAE.49.S: 7219120051 .... GAE.50.S: 7227906020 .... GAE.51.S: 7217905090 .... GAE.52.S: 7219220040 .... GAE.53.S: 7219320038 .... GAE.54.S: 7219320045 .... GAE.55.S: 7219350005 .... GAE.56.S: 7219320036 .... GAE.57.S: 7304901000 .... GAE.58.S: 7304390002 .... GAE.59.S: 7219120071 .... GAE.60.S: 7225501110 .... GAE.61.S: 7217905060 .... GAE.62.S: 7220125000 .... GAE.63.S: 7226928005 .... GAE.64.S: 7217106000 .... GAE.65.S: 7219120021 .... GAE.66.S: 7304390016 .... GAE.67.S: 7304244040 .... GAE.68.S: 7302101015 .... GAE.69.S: 7304413005 .... GAE.70.S: 7215500090 .... GAE.71.S: 7217304541 .... GAE.72.S: 7227200030 .... jbell on DSKJLSW7X2PROD with RULES2 GAE.73.S: 7306697060 .... GAE.74.S: 7302101045 .... GAE.75.S: 7219210005 .... GAE.76.S: 7304293160 .... VerDate Sep<11>2014 Description of steel that may be imported (at 10-digit harmonized tariff schedule of the United States (HTSUS) statistical reporting number or more narrowly defined at product level) Other limitations (e.g., country of import or quantity allowed) 7217905030. WIRE IRON/NONALLOY STL, NOT PLATED/COATED WITH BASE METALS OR PLASTICS, <0.25% CARBON. 7226923030. FLAT-ROLLED OTH ALLOY STL, WDTH <300MM, COLD-RLD, TOOL STEEL OTH THAN HIGH-SPEED, BALLBEARING STL. 7219120051. FLAT-ROLLED STAINLESS STL, WIDTH >/=1370MM BUT <1575MM, HOT-RLD, COILS, THICKNESS >/=4.75MM BUT <6.8MM. 7227906020. BARS/RODS OTHER ALLOY STL, IRR COILS, HOTRLD, NOT TOOL STL, WELDING QUALITY WIRE RODS. 7217905090. WIRE IRON/NONALLOY STL, NOT PLATED/COATED WITH BASE METALS OR PLASTICS, >/=0.6% CARBON. 7219220040. FLAT-ROLLED STAINLESS STL, HOT-RLD, NOT COILS, THK >/=4.75 MM BUT <10MM, NOT HIGH-NICKEL ALLOY, >0.5% NICKEL, </=1.5% OR >/=5% MOLYBDENUM, WIDTH >1575MM BUT <1880MM. 7219320038. FLAT-ROLLED STAINLESS STL, COLD-RLD, THICKNESS >/=3MM BUT <4.75MM, COILS, WIDTH >600MM BUT <1370MM, NOT HIGH-NICKEL ALLOY, >0.5% NICKEL, </=1.5% OR >/=5% MOLYBDENUM. 7219320045. FLAT-ROLLED STAINLESS STL, WDTH >/=1370MM, COLD-RLD, THICKNESS >/=3MM BUT <4.75MM, NOT COILS. 7219350005. FLAT-ROLLED STAINLESS STL, WDTH >/=600MM, COLD-RLD, THK <0.5MM, COILS, >0.5% BUT <24% NICKEL, >1.5% BUT <5% MOLYBDENUM. 7219320036. FLAT-ROLLED STAINLESS STL, COLD-RLD, THICKNESS >/=3MM BUT <4.75MM, COILS, WIDTH >600MM BUT <1370MM, NOT HIGH-NICKEL ALLOY, >0.5% NICKEL, >1.5% BUT <5% MOLYBDENUM. 7304901000. TUBES/PIPES/HOLLOW PROFILES IRON/ NONALLOY STL, SEAMLESS, NONCIRCULAR CROSS SECTION, WALL THK >/=4MM. 7304390002. TUBES/PIPES/HLLW PRFLS IRON/NA STL, SMLESS, CIRC CS, NOT COLD-TRTD, SUITABLE FOR BOILERS ETC, OS DIAM <38.1MM. 7219120071. FLAT-ROLLED STAINLESS STL, WDTH >600MM BUT <1370MM, HOT-RLD, COILS, THICKNESS >/=4.75MM BUT <10MM, NOT HIGH-NICKEL ALLOY, >0.5% NICKEL, </=1.5% OR >/=5% MOLYBDENUM. 7225501110. FLAT-ROLLED OTH ALLOY STL, WDTH >/=600MM, COLD-RLD, TOOL STEEL, HIGH-SPEED STL. 7217905060. WIRE IRON/NONALLOY STL, PLATED/COATED, >0.25% BUT <0.6% CARBON. 7220125000. FLAT-ROLLED STAINLESS STL, WDTH <300MM, HOT-RLD, THK <4.75MM. 7226928005. FLAT-ROLLED OTH ALLOY STL, WDTH <300MM, COLD-RLD, NOT TOOL STL, THK >0.25MM, HIGH-NICKEL ALLOY STL. 7217106000. OTHER WIRE IRON/NONALLOY STL, NOT PLATED/ COATED, <0.25% CARBON. 7219120021. FLAT-ROLLED STAINLESS STL, WIDTH >/=1370MM BUT </=1575MM, HOT-RLD, COILS, THICKNESS >6.8MM BUT </=10MM. 7304390016. TUBES/PIPES/HOLLOW PROFILES IRON/NA STL, SEAMLESS, CIRC CS, NOT COLD-TRTD, GALVANIZED, OS DIAM </=114.3MM. 7304244040. CASING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, NOT THREADED/COUPLED, OS DIAMETER >/ =215.9MM BUT </=285.8MM, WALL THK >/=12.7MM. 7302101015. OTHER RAILS IRON/NONALLOY STL, NEW, NOT HEAT TREATED, >30KG/M. 7304413005. TUBES/PIPES/HOLLOW PRFLS STAINLESS STL, SEAMLESS, CIRC CS, COLD-DRWN/RLD, EXT DIAM <19MM, HIGH-NICKEL ALLOY STL. 7215500090. OTHER BARS/RODS IRON/NONALLOY STL, COLDFORMED/FINISHED, NOT COILS, >/=0.6% CARBON. 7217304541. ROUND WIRE IRON/NONALLOY STL, PLATED/ COATED W/OTH BASE METALS, DIAMETER >/=1.0MM BUT <1.5MM, <0.25% CARBON. 7227200030. BARS/RODS SILICO-MANGANESE STL, IRR COILS, HOT-RLD, WELDING QUALITY WIRE RODS, STAT NOTE 6. 7306697060. OTH TUBES/PIPES/HOLLOW PROFILES OTH ALLOY STL (NOT STAINLESS), WELDED, OTH NONCIRCULAR CS, WALL THK <4MM. 7302101045. OTHER RAILS IRON/NONALLOY STL, NEW, HEAT TREATED, >30KG/M. 7219210005. FLAT-ROLLED STAINLESS STL, WDTH >/=600MM, HOT-RLD, NOT COILS, THK >10MM, HIGH-NICKEL ALLOY STL. 7304293160. CASING (OIL/GAS DRILLING) OTH ALLOY STL, SEAMLESS, THREADED/COUPLED, OS DIAMETER >285.8MM BUT </=406.4MM, WALL THK >/=12.7MM. ............................ 03:46 Dec 12, 2020 Jkt 253001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 ............................ 81081 Federal Register citation 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ ............................ ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. ............................ ............................ ............................ ............................ ............................ 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E:\FR\FM\14DER2.SGM 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 14DER2 81082 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations GAE identifier GAE.77.S: 7305316090 .... GAE.78.S: 7216400010 .... GAE.79.S: 7226990110 .... GAE.80.S: 7225506000 .... GAE.81.S: 7304905000 .... GAE.82.S: 7219220005 .... GAE.83.S: 7217104045 .... GAE.84.S: 7209270000 .... GAE.85.S: 7219900060 .... GAE.86.S: 7219120081 .... GAE.87.S: 7304293180 .... GAE.88.S: 7224100005 .... GAE.89.S: 7213200080 .... GAE.90.S: 7216100010 .... GAE.91.S: 7306695000 .... GAE.92.S: 7208390015 .... GAE.93.S: 7208380015 .... GAE.94.S: 7217104090 .... GAE.95.S: 7302105020 .... GAE.96.S: 7210706030 .... GAE.97.S: 7304244060 .... GAE.98.S: 7229200015 .... GAE.99.S: 7304243040 .... GAE.100.S: 7304243020 .. GAE.101.S: 7219130081 .. jbell on DSKJLSW7X2PROD with RULES2 GAE.102.S: 7211140090 .. GAE.103.S: 7218910030 .. GAE.104.S: 7306213000 .. GAE.105.S: 7211234500 .. VerDate Sep<11>2014 Description of steel that may be imported (at 10-digit harmonized tariff schedule of the United States (HTSUS) statistical reporting number or more narrowly defined at product level) Other limitations (e.g., country of import or quantity allowed) 7305316090. OTHER TUBES/PIPES ALLOY STL, CIRC CS, EXT DIAM >406.4MM, NOT LINE PIPE OR CASING (OIL/GAS), LONGITUDINALLY WELDED, NOT TAPERED PIPES/TUBES, NONSTAINLESS ALLOY STEEL. 7216400010. L SECTIONS IRON/NONALLOY STL, HOT-ROLLED/ DRAWN/EXTRUDED, HEIGHT >/=80MM. 7226990110. FLAT-ROLLED OTH ALLOY STL, WDTH <600MM, ELECTROLYTICALLY PLATD/COATD W/ZINC, NOT GRAIN ORIENTED, NOT OF HIGH-SPEED STEEL, FURTHER WORKED THAN HOT-ROLLED OR COLD-ROLLED. 7225506000. FLAT-ROLLED OTH ALLOY STL, WDTH >/=600MM, COLD-RLD, THK >/=4.75MM, NOT OF TOOL STEEL. 7304905000. TUBES/PIPES/HOLLOW PROFILES IRON/ NONALLOY STL, SEAMLESS, NOT CIRCULAR CS, WALL THK <4MM. 7219220005. FLAT-ROLLED STAINLESS STL, WDTH >/=600MM, HOT-RLD, NOT COILS, THICKNESS >/=4.75MM BUT </=10MM, HIGH-NICKEL ALLOY STL. 7217104045. ROUND WIRE IRON/NONALLOY STL, NOT PLATED/ COATED, <0.25% CARBON, DIAM <1.5MM, HEAT-TREATED, IN COILS WEIGHING >2 KG. 7209270000. FLAT-ROLLED IRON/NONALLOY STL, WDTH >/ =600MM, COLD-RLD, NOT CLAD/PLATED/COATED, NOT COILS, THK 0.5–1MM. 7219900060. OTHER FLAT-ROLLED STAINLESS STL, WDTH >/ =600MM, FURTHER WORKED THAN COLD-RLD, </=0.5% NICKEL, <15% CHROMIUM. 7219120081. FLAT-ROLLED STAINLESS STL, WIDTH >/=600MM BUT <1370MM, HOT-RLD, COILS, NOT HIGH-NICKEL ALLOY, THICKNESS >/=4.75MM BUT </=10MM, </=0.5% NICKEL. 7304293180. CASING (OIL/GAS DRILLING) OTH ALLOY STL, SEAMLESS, THREADED/COUPLED, OUTSIDE DIAM >406.4MM. 7224100005. INGOTS AND OTHER PRIMARY FORMS OF HIGHNICKEL ALLOY STEEL. 7213200080. BARS/RODS IRON/NONALLOY STL, HOT-RLD, IRR COILS, FREE-CUTTING STL, <0.1% LEAD. 7216100010. U SECTIONS IRON/NONALLOY STL, HOT-ROLLED/ DRAWN/EXTRUDED, HEIGHT <80MM. 7306695000. OTH TUBES/PIPES/HOLLOW PROFILES IRON/ NONALLOY STL, WELDED, OTH NONCIRCULAR CS, WALL THK <4MM. 7208390015. FLAT-ROLLED IRON/NA STL, WDTH >/=600MM, HOT-RLD, NOT CLAD/PLATED/COATED, COILS, THK <3MM, HIGH-STRENGTH STL. 7208380015. FLAT-ROLLED IRON/NA STL, WDTH >/=600MM, HOT-RLD, NOT CLAD/PLATED/COATED, COILS, THICKNESS >/=3MM BUT <4.75MM, HIGH-STRENGTH STL. 7217104090. ROUND WIRE IRON/NONALLOY STL, NOT PLATED/ COATED, <0.25% CARBON, DIAM <1.5MM, NOT HEAT-TREATED. 7302105020. RAILS OF ALLOY STEEL, NEW .................................. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 7210706030. FLAT-ROLLED IRON/NA STL, WDTH >/=600MM, PAINTD/VARNSHD/COATD W/PLASTICS, ELECTROLYTICALLY PLATD/COATD W/ZINC. 7304244060. CASING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, NOT THREADED/COUPLED, OS DIAMETER >285.8MM BUT </=406.4MM, WALL THK>/=12.7MM. 7229200015. ROUND WIRE SI-MN STL, DIAM </=1.6MM, <0.20%C, >0.9% MN, >0.6% SI, FOR ELEC ARC WELDING, NOT PLATD/COATD W/COPPER. 7304243040. CASING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, THREADED/COUPLED, OUTSIDE DIAMETER >/ =215.9MM BUT </=285.8MM, WALL THK>/=12.7MM. 7304243020. CASING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, THREADED/COUPLED, OUTSIDE DIAM <215.9MM, WALL THK >/=12.7MM. 7219130081. FLAT-ROLLED STAINLESS STL, WIDTH >/=600MM BUT <1370MM, HOT-RLD, COILS, THICKNESS >/=3MM BUT <4.75MM, </=0.5% OR >/=24% NICKEL. 7211140090. FLAT-ROLLED IRON/NONALLOY STL, WDTH <600MM, NOT CLAD/PLATED/COATED, HOT-RLD, THK >/ =4.75MM, COILS. 7218910030. SEMIFINISHED STAINLESS STL, RECTANGULAR CROSS SECTION, WDTH <4X THK, CS AREA >/=232 CM2. 7306213000. CASING (OIL/GAS DRILLING) STAINLESS STL, WELDED, THREADED/COUPLED. 7211234500. FLAT-ROLLED IRON/NONALLOY STL, WDTH <300MM, NOT CLAD/PLATED/COATED, COLD-RLD, <0.25% CRBN, THK </=0.25MM. 03:46 Dec 12, 2020 Jkt 253001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 ............................ ............................ ............................ Federal Register citation 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. ............................ ............................ ............................ ............................ FR PAGE NUMBER AND FR PAGE NUMBER AND FR PAGE NUMBER AND FR PAGE NUMBER AND FR PAGE NUMBER AND ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ ............................ E:\FR\FM\14DER2.SGM 14DER2 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations GAE identifier GAE.106.S: 7220206080 .. GAE.107.S: 7305391000 .. GAE.108.S: 7217204550 .. Description of steel that may be imported (at 10-digit harmonized tariff schedule of the United States (HTSUS) statistical reporting number or more narrowly defined at product level) Other limitations (e.g., country of import or quantity allowed) 7220206080. FLAT-ROLLED STAINLESS STL, WDTH <300MM, COLD-RLD, THK >1.25MM, NOT HIGH-NICKEL ALLOY, </=0.5% NICKEL, >/=15% CHROMIUM. 7305391000. OTHER TUBES/PIPES IRON/NONALLOY STL, CIRC CS, EXT DIAM >406.4MM, WELDED, OTHER THAN LONGITUDALLY WELDED. 7217204550. ROUND WIRE IRON/NONALLOY STL, PLATED/ COATED WITH ZINC, DIAMETER >/=1.0MM BUT <1.5MM, >/ =0.25% BUT <0.6% CARBON. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. Annex 1 to Supplements No. 1 and 2 to part 705 [Removed] 4. Annex 1 to Supplements No. 1 and 2 to part 705 is removed. ■ 5. Effective December 29, 2020. add Supplement No. 3 to part 705 to read as follows: ■ Supplement No. 3 to Part 705—General Approved Exclusions (GAEs) for Aluminum Articles Under the 232 Exclusions Process This supplement identifies aluminum articles that have been approved for import under a General Approved Exclusion (GAE). 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 ............................ GAE.2.A: 7607205000 ...... 7609000000. ALUMINUM TUBE OR PIPE FITTINGS (COUPLINGS, ELBOWS, SLEEVES). 7607205000. ALUMINUM FOIL OF THICKNESS .............................. ............................ GAE.3.A: 7607196000 ...... 7607196000. ALUMINUM FOIL OF THICKNESS .............................. ............................ GAE.4.A: 7604210010 ...... 7604210010. ALUMINUM ALLOY HOLLOW PROFILES OF HEATTREATABLE INDUSTRIAL ALLOYS OF A KIND DESCRIBED IN NOTE 6 TO THIS CHAPTER. 7604291010. ALUMINUM ALLOY PROFILES OTHER THAN HOLLOW PROFILES OF HEAT-TREATABLE INDUSTRIAL ALLOYS OF A KIND DESCRIBED IN NOTE 6 TO THIS CHAPTER. 7607191000. ALUMINUM FOIL OF THICKNESS .............................. ............................ GAE.5.A: 7604291010 ...... GAE.6.A: 7607191000 ...... GAE.7.A: 7606116000 ...... GAE.8.A: 7605290000 ...... GAE.9.A: 7601209080 ...... GAE.10.A: 7607116010 .... GAE.11.A: 7616995170 .... GAE.12.A: 7607201000 .... GAE.13.A: 7604295090 .... VerDate Sep<11>2014 7606116000. ALUMINUM PLATES, SHEETS AND STRIP, THICKNESS >0.2MM, RECTANGULAR (INCLUDING SQUARE), NOT ALLOYED, CLAD. 7605290000. ALUMINUM WIRE ALLOY, MAXIMUM CROSS-SECTIONAL DIMENSION </=7MM. 7601209080. UNWROUGHT ALUMINUM ALLOY, SHEET INGOT (SLAB) OF A KIND DESCRIBED IN STATISTICAL NOTE 3 TO THIS CHAPTER. 7607116010. ALUMINUM FOIL OF THICKNESS >0.01 MM AND </ =0.15 MM, ROLLED, NOT BACKED, BOXED & WEIGHING </ =11.3 KG. 7616995170. ALUMINUM FORGINGS ............................................... 7607201000. ALUMINUM FOIL OF THICKNESS </=0.2 MM, BACKED, COVERED OR DECORATED WITH A CHARACTER, DESIGN, FANCY EFFECT OR PATTERN. 7604295090. ALUMINUM ALLOY BARS AND RODS, OTHER THAN ROUND CROSS SECTION, OTHER THAN HEAT-TREATABLE INDUSTRIAL ALLOYS OF A KIND DESCRIBED IN NOTES 5 & 6 OF THIS CHAPTER. 03:46 Dec 12, 2020 Jkt 253001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 Federal Register citation to use a GAE, the importer must reference the GAE identifier in the Automated Commercial Environment (ACE) system that corresponds to the aluminum articles being imported. These GAEs are indefinite in length, but the Department of Commerce on behalf of the Secretary of Commerce may at any time issue a Federal Register notice removing, revising or adding to an existing GAE in this supplement as warranted to align with the objectives of the 232 exclusions process as described in supplement no. 1 to this part. The Department of Commerce on behalf of the Secretary of Commerce may periodically publish notices of inquiry in the Federal Register soliciting public comments on potential removals, revisions or additions to this supplement. Other limitations (e.g., country of import or quantity allowed) GAE.1.A: 7609000000 ...... jbell on DSKJLSW7X2PROD with RULES2 Policy, the Assistant to the President for National Security Affairs, and other senior Executive Branch officials as appropriate, makes these determinations that certain aluminum articles may be authorized under a GAE consistent with the objectives of the 232 exclusions process as outlined in supplement no. 1 to this part. The GAEs described in this supplement may be used by any importer. GAEs do not include quantity limits. Each GAE identifier will be effective fifteen calendar days after publication of a Federal Register notice either adding or revising a specific GAE identifier. There is no retroactive relief for GAEs. Relief is only available to aluminum articles that are entered for consumption, or withdrawn from warehouse for consumption, on or after the effective date of a GAE included in supplement no. 2 to this part. In order Description of aluminum that may be imported (at 10-digit Harmonized Tariff Schedule of the United States (HTSUS) statistical reporting number or more narrowly defined at product level) GAE identifier 81083 Federal Register citation 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. 85 FR [INSERT 12/14/2020]. FR PAGE NUMBER AND FR PAGE NUMBER AND FR PAGE NUMBER AND FR PAGE NUMBER AND ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ ............................ ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. ............................ ............................ E:\FR\FM\14DER2.SGM 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 14DER2 81084 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations GAE identifier GAE.14.A: 7601209095 .... GAE.15.A:7616995160 ...... Description of aluminum that may be imported (at 10-digit Harmonized Tariff Schedule of the United States (HTSUS) statistical reporting number or more narrowly defined at product level) Other limitations (e.g., country of import or quantity allowed) 7601209095. UNWROUGHT ALUMINUM ALLOY, OTHER THAN ............................ COILS OF UNIFORM CROSS-SECTION </=9.5 MM, CONTAINING <25% SILICON, OTHER THAN ALLUMINUM VANADIUM MASTER ALLOY, OTHER THAN REMELT SCRAP INGOT, OTHER THAN SHEET INGOT, OTHER THAN FOUNDRY INGOT. 7616995160. ALUMINUM CASTINGS ................................................ ............................ Federal Register citation 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/14/2020]. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2020–27110 Filed 12–10–20; 8:45 am] jbell on DSKJLSW7X2PROD with RULES2 BILLING CODE 3510–33–P VerDate Sep<11>2014 03:46 Dec 12, 2020 Jkt 253001 PO 00000 Frm 00026 Fmt 4701 Sfmt 9990 E:\FR\FM\14DER2.SGM 14DER2

Agencies

[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Rules and Regulations]
[Pages 81060-81084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27110]



[[Page 81059]]

Vol. 85

Monday,

No. 240

December 14, 2020

Part IV





Department of Commerce





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Bureau of Industry and Security





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15 Part 705





Section 232 Steel and Aluminum Tariff Exclusions Process; Final Rule

Federal Register / Vol. 85 , No. 240 / Monday, December 14, 2020 / 
Rules and Regulations

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 705

[Docket No. 201203-0323]
RIN 0694-AH55


Section 232 Steel and Aluminum Tariff Exclusions Process

AGENCY: Bureau of Industry and Security, U.S. Department of Commerce.

ACTION: Interim final rule.

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SUMMARY: This interim final rule revises aspects of the process for 
requesting exclusions from the duties and quantitative limitations on 
imports of aluminum and steel discussed in three previous Department of 
Commerce (``Commerce'') interim final rules implementing the exclusion 
process authorized by the President under Section 232 of the Trade 
Expansion Act of 1962, as amended (``232''). These changes are also 
informed by a notice of inquiry with request for comments on the 232 
exclusions process that was published by Commerce on May 26, 2020. 
Based on public comments on the current process for submissions to 
Commerce, Commerce is publishing this interim final rule to make 
additional revisions to the 232 exclusion process, including to the 232 
Exclusions Portal.

DATES: 
    Effective date: This interim final rule is effective December 14, 
2020, except for amendatory instructions 3 and 5 that are effective 
December 29, 2020.
    Comments: Comments on this interim final rule must be received by 
BIS no later than February 12, 2021.

ADDRESSES: See SUPPLEMENTARY INFORMATION section for information on 
submitting exclusion requests, objections thereto, rebuttals, and 
surrebuttals. You may submit comments, identified by docket number BIS-
2020-0022 or RIN 0694-AH55, through the Federal eRulemaking website: 
http://www.regulations.gov. No other submission methods are being used 
for submitting comments on this interim final rule. Follow the 
instructions for submitting comments.
    All filers using the portal should use the name of the person or 
entity submitting comments as the name of their files, in accordance 
with the instructions below. Anyone submitting business confidential 
information should clearly identify the business confidential portion 
at the time of submission, file a statement justifying nondisclosure 
and referring to the specific legal authority claimed, and provide a 
non-confidential version of the submission.
    For comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC.'' Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked 
``PUBLIC.'' The file name of the non-confidential version should begin 
with the character ``P.'' The ``BC'' and ``P'' should be followed by 
the name of the person or entity submitting the comments or rebuttal 
comments. Any submissions with file names that do not begin with a 
``BC'' or ``P'' will be assumed to be public and will be made publicly 
available through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For questions regarding this interim 
final rule, contact Erika Maynard at 202-482-5572 or via email 
[email protected], or email [email protected] regarding 
provisions in this rule specific to steel exclusion requests and 
[email protected] regarding provisions in this rule specific to 
aluminum exclusion requests.

SUPPLEMENTARY INFORMATION:

Background

    On March 8, 2018, President Trump issued Proclamations 9704 and 
9705, imposing duties on imports of aluminum and steel. The 
Proclamations also authorized the Secretary of Commerce to grant 
exclusions from 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,'' and provided authority for the 
Secretary to issue procedures for exclusion requests. On April 30, 
2018, Proclamations 9739 and 9740, and on May 31, 2018, Proclamations 
9758 and 9759, set quantitative limitations on the import of steel and 
aluminum from certain countries in lieu of the duties. On August 29, 
2018, in Proclamations 9776 and 9777, President Trump also authorized 
the Secretary to grant exclusions from quantitative limitations based 
on the same standards applicable to exclusions from the tariffs.

Implementing and Improving the 232 Exclusions Process

    On March 19, 2018, Commerce first issued an interim final rule, 
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 (83 FR 12106) (the ``March 19 rule''), 
laying out procedures for the 232 exclusions process, including one 
supplement for the procedures for steel and a second supplement for the 
procedures for aluminum.
    On September 11, 2018, Commerce issued a second interim final rule, 
Submissions of Exclusion Requests and Objections to Submitted Requests 
for Steel and Aluminum (83 FR 46026) (the ``September 11 rule''), that 
revised the two supplements added by the March 19 rule with 
improvements designed to ensure a transparent, fair, and efficient 
exclusion and objection process.
    On June 10, 2019, Commerce issued a third interim final rule, 
Implementation of New Commerce Section 232 Exclusions Portal (84 FR 
26751) (the ``June 10 rule''), that revised the two supplements added 
by the March 19 and September 11 rules to grant the public the ability 
to submit new exclusion requests through the 232 Exclusions Portal 
while still allowing the opportunity for public comment on the portal.
    On May 26, 2020, Commerce issued a notice of inquiry with request 
for comment, Notice of Inquiry Regarding the Exclusion Process for 
Section 232 Steel and Aluminum Import Tariffs and Quotas (85 FR 31441) 
(the ``May 26 notice''), that sought public comment on the 
appropriateness of the information requested and considered in applying 
the exclusion criteria, and the efficiency and transparency of the 
process employed.

Why is Commerce publishing this interim final rule?

    Commerce is publishing this interim final rule to implement 
additional changes the Department has determined will further improve 
the 232 exclusions process. Commerce believes these changes will make 
important improvements, but is also requesting public comments to 
evaluate how effective these changes will be in further improving the 
232 exclusions process. This process is consistent with the 
Department's approach since the

[[Page 81061]]

beginning of implementing the 232 exclusion process. The public has 
supported this approach.

What are some of the key changes included in this interim final rule?

    This interim final rule is being published at this time, in 
particular, to make the following three key changes to the 232 
exclusions process.
    First, it addresses the need to create a more efficient method for 
approving exclusions where objections have not been received in the 
past for certain steel or aluminum articles. Commerce has determined 
creating general approved exclusions that may be used by any importing 
entity is warranted. This has been noted by commenters who submit 
exclusion requests, and by trade associations that represent those 
companies, as one of the most important changes that could be made to 
improve the efficiency of the 232 exclusion process. As described in 
much greater detail below, this interim final rule addresses this issue 
with the adoption of General Approved Exclusions (GAEs). This change 
will result in an estimated immediate decrease of 5,000 exclusion 
requests annually, resulting in a significant improvement in 
efficiency, with the possibility of more in the future. Unlike 
exclusion requests, GAEs do not include quantity limits.
    Second, it addresses a trend identified by commenters and validated 
in data reviewed by Commerce--that certain exclusion requesters may 
have requested more volume than they may have needed for their own 
business purposes compared to past usage. Submitting large numbers of 
unneeded exclusion requests decreases the efficiency of the 232 
exclusions process for potential objectors and Commerce. It also 
creates issues for potential objectors. As described in greater detail 
below, this issue is addressed by adding a new certification 
requirement for volumes requested. Along the same lines, the rule also 
adds a note to remind all parties submitting 232 submissions of the 
prohibition against making false statements to the U.S. Government and 
the consequences that may occur for such false statements.
    Third, the rule addresses an objector concern they were being held 
to a higher standard than foreign suppliers because of the 
interpretation that ``immediately'' meant the objector needed to be 
able to provide the steel or aluminum articles within 8 weeks, even 
though a foreign supplier may not be able to provide the same steel or 
aluminum article until much longer than 8 weeks. With this rule the 
term ``immediately,'' is retained but language has been modified to 
apply the same time standard to U.S. objectors and foreign suppliers 
for when the steel or aluminum articles need to be provided to the 
exclusion requester.

What changes are not being addressed in this interim final rule?

    While this rule addresses the remaining comments from the September 
11 rule, it also addresses some of the comments received on the 232 
Exclusions Portal from the June 10 rule. However, comments requesting 
changes requiring software modification or involving additional cost 
and time to implement are still under consideration and not addressed 
here. Some examples of comments still under consideration include the 
following. There is a comment to allow confidential business 
information (CBI) submissions in the 232 Exclusions Portal which would 
require software changes and additional certifications. Another 
commenter requested two separate portals for the steel and aluminum 
exclusion processes. There are also several comments regarding the 
usability and search functionality of the 232 Exclusions Portal 
including adding a filter for steel and aluminum on the main portal 
page; adding product classes to the main portal screen with a filtering 
function; improving search functionality by adding a simple ``find 
all'' type of search capability; adding the capability to be able to 
download individual submissions and all data; making it easier to 
extract data for queried databases; adding the ability to cross search 
with multiple criteria; providing an easier way to identify exclusion 
requests by HTSUS classification and other criteria; including the 
actual due date for filing submissions, not just days remaining; adding 
a withdraw feature to the dashboard; adding a notification feature when 
objections are posted; and adding the ability to refresh without 
resetting the filters. Commerce is continuing to evaluate these 
comments and may implement additional changes to further improve the 
232 Exclusions Portal at a later date.
    This interim final rule does not summarize or respond to the 
comments included in the May 26 notice. Commerce will address these 
comments in the next rule. However, as noted below, there is 
significant overlap in the comments received on the September 11 and 
June 10 rules, so some of the comments received on the May 26 notice 
are also being addressed in this interim final rule. For example, the 
three key changes to the 232 exclusions process described above being 
made in this interim final rule will also be responsive to comments 
received on the May 26 notice.
    The following are some examples of comments from the May 26 notice 
that are still being reviewed. Additional changes to the 232 Exclusions 
Portal were requested by some commenters based on their additional 
experience, e.g., the portal being programmed to flag for special 
attention those exclusion requests that have been waiting a certain 
number of days/months for a determination. Some comments addressed the 
role of objections in the 232 exclusions process and whether objections 
have an outsized influence on the process, in particular on how long 
the Commerce decision-making process takes and whether an exclusion 
will be granted. Some comments requested creating a process to give 
preferential treatment for products further manufactured or 
substantially transformed in the United States, because such producers 
are an essential part of the U.S. steel and aluminum industry. Other 
commenters requested a 60-day window for submitting exclusion requests 
on a bi-annual basis and only product exclusion requests submitted 
during these bi-annual periods would be considered.

Additional Improvements to the 232 Exclusions Process

    As noted above, the interim final rule being published today 
addresses the remaining comments from the September 11 rule and 
highlights what comments have been addressed from the June 10 rule. 
There is some significant overlap among those comments and comments 
received in response to the May 26 notice, so the revisions to the 232 
exclusions process described below will also be responsive to some of 
the same comments received in response to the May 26 notice. Commerce 
intends to publish at least one subsequent interim final rule that will 
describe the unaddressed comments received on the May 26 notice and any 
additional revisions Commerce will make to the 232 exclusions process 
as a result of those comments. The comments on the May 26 notice also 
included various comments on the 232 Exclusions Portal, certain of 
which are addressed below. Other comments will be summarized and 
addressed with the remaining comments on the June 10 rule that are not 
included in today's rule. Because of the programming cost and time 
involved with making changes to the 232 Exclusions Portal, Commerce 
requires more time to review and respond to those comments, in 
particular for comments where Commerce agrees that

[[Page 81062]]

changes to the 232 Exclusions Portal may be warranted.
    Commerce is focused on improving the 232 exclusions process as 
quickly as possible. As additional revisions are ready to be made, such 
as those being made in this rule, Commerce will publish those changes 
as quickly as possible to improve the 232 exclusions process. This 
approach of publishing a series of interim final rules has allowed 
Commerce to improve the 232 exclusions process on an ongoing basis, 
allowing the public to submit additional comments on whether the most 
recently made changes have helped to improve the process.
    This rule makes various edits to supplement no. 1 to part 705 to 
improve the 232 exclusions process. This rule also removes the 
provisions from supplement no. 2 to part 705 and consolidates those 
into supplement no. 1. This rule also adds new supplements no. 2 and 
no. 3 for identifying General Approved Exclusions (GAEs) for steel and 
aluminum articles under the 232 exclusions process and the first 
approved tranches of GAEs for steel and aluminum articles. GAEs address 
a long-standing request from public comments of exclusion requesters to 
create a more efficient process to approve certain exclusions for use 
by all importers where Commerce has determined that no objections will 
be received and where it is warranted to approve an exclusion for all 
importers to use. This rule also removes Annex 1 to supplements no. 1 
and 2, since this guidance is no longer needed with this rule's removal 
of references to www.regulations.gov from the 232 exclusions process. 
Finally, this rule makes some non-substantive edits to supplement no. 1 
to part 705 to improve readability of the supplement.

Public Comments and BIS Responses

    The public comment period on the May 26 notice closed on July 10, 
2020. BIS received eighty-two public comments on the notice of inquiry. 
Many commenters referenced the imposition of duties and quantitative 
limitations, questioning whether or not such regulations were 
beneficial. Those comments are outside the scope of the May 26 notice 
that solicited comments on the 232 exclusions process; thus Commerce is 
generally not summarizing or providing responses to those general 
comments on the duties and quantitative limitations. Certain comments 
described and addressed below are those received in response to the 
September 11 and June 10 rules. However, some of the comments in 
responses below address issues that also were raised in some of the 
comments received in response to the May 26 notice. As a result, the 
responses below are responsive in part to comments on the May 26 
notice, and also are responsive to comments on the September 11 and 
June 10 rules.

Improving Tracking and Transparency

    Comment (a)(1): Develop an adequate tracking system that supplies 
relevant information (more than is available now) for 232 submissions. 
Commenters requested that Commerce provide stakeholders a way to more 
easily review the Harmonized Tariff Schedule of the United States 
(HTSUS) code and product information, country of origin, volume, and 
alloys of posted exclusions--preferably, in a searchable database. 
Commenters indicated that having to open each file to identify this 
information places a burden on potential objectors, which the 
commenters suggested could be addressed with a searchable database.
    BIS response: Commerce has made changes to allow for easier 
tracking and searching of information in the 232 Exclusions Portal, as 
described in greater detail below for the improvements that have been 
made to the 232 Exclusions Portal (see BIS response to Comment (g)(2) 
below).
    Comment (a)(2): Exclusion rejection for incomplete submissions 
should be more transparent. A commenter noted that, while they do not 
expect Commerce to customize each individual response, the commenter 
believes that additional steps can be taken to help U.S. businesses 
understand the reason for a rejection. This commenter requested that 
Commerce should include on the rejection form that is posted online a 
list of common reasons for rejection. The commenter believes this would 
provide invaluable guidance to the countless small businesses 
attempting to navigate this difficult process. This commenter believes 
the current rejection form leaves manufacturers guessing as to why the 
government rejected their applications, especially when that business 
for years used the identical HTSUS code accepted by U.S. Customs and 
Border Protection (CBP) to import that product.
    BIS response: Commerce agrees that greater transparency benefits 
all applicants to the 232 exclusions process. Commerce moved its HTSUS 
administrability review to the start of the process in early 2019, 
reducing sharply the number of exclusion denials due to incomplete 
submissions identified later in the review process. Incomplete 
submissions now receive a rejection notification that includes the 
specific reasons for a rejection. Commerce does plan to update the 
rejection form used in the 232 Exclusions Portal to include a list of 
common reasons for rejection. Commerce agrees that providing this 
additional information will make the process more efficient, because 
those receiving rejections will more easily understand what was wrong 
with their exclusion request that resulted in a rejection. This may 
reduce the overall number of 232 exclusion submissions submitted.

Confidential Business Information (CBI)

    Comment (b)(1): Supportive of the new CBI provisions. A commenter 
asserted that one of the most significant changes is the BIS decision 
to allow companies to submit CBI during the rebuttal and surrebuttal 
process. This same commenter also believes that further changes can 
improve the process beyond what BIS has already proposed.
    BIS response: Commerce agrees that adding the CBI process has 
helped to improve the 232 exclusions process. As described below, 
Commerce is open to improving the CBI process, but that must be done in 
accordance with the larger purpose of allowing CBI in the 232 exclusion 
process, as well as the current technical limitations in the 232 
Exclusions Portal.
    Comment (b)(2): Allow CBI to also be submitted for exclusions and 
objections. Commenters urged Commerce to expand the CBI provision by 
allowing companies to submit CBI within their original exclusion 
request. These commenters asserted that, given the amount of detail 
required to complete the exclusion request form, companies may be 
hesitant to submit exclusion requests for fear of sharing CBI with 
their competitors.
    BIS response: Commerce does not agree. The information required on 
the exclusion request form does not require revealing CBI in order to 
adequately complete the form, so allowing CBI in support of the initial 
exclusion request is not needed. Moreover, exclusion requesters can 
indicate they have CBI, allowing Commerce reviewers to request that CBI 
if needed for their review of the request and objections.
    Comment (b)(3): Allowing CBI in exclusions and objections would 
alleviate some concerns over short seven-day rebuttal and surrebuttal 
periods. One commenter asserted that, given the short seven-day window 
of the rebuttal process, allowing companies to submit CBI at the time 
of the application would relieve the unnecessary burdens placed on 
filers by the short rebuttal window.

[[Page 81063]]

    BIS response: Commerce acknowledges the shortness of the seven-day 
rebuttal and surrebuttal period, but does not agree with the commenter 
that allowing CBI in the exclusion request or in objections would 
alleviate the burden on exclusion requesters or objectors during the 
rebuttal and surrebuttal period. The most appropriate time in the 232 
exclusion review process for CBI is during the rebuttal and surrebuttal 
phase when information that goes beyond what is included in the 
exclusion and objection forms may be needed to properly evaluate an 
exclusion request. Allowing CBI in exclusion requests and objections 
would slow the Commerce review process without adding any real benefit 
to the review process. As noted above, exclusion requesters and 
objectors can indicate they have CBI and Commerce reviewers can request 
that information if needed for review.
    Comment (b)(4): Process to submit CBI needs to be further 
clarified. A commenter believes the current CBI process is confusing 
because parties must submit the exclusion request form with a vague, 
yet somewhat detailed summary of the CBI and then supplement the form 
by sending a separate email to BIS with the actual confidential 
information. This same commenter was also concerned that parties risk 
the possibility that Commerce will reject their exclusion request for 
being an incomplete submission before Commerce has even received their 
confidential information.
    BIS response: Commerce understands the point being made by the 
commenter but does not agree that this requirement is unreasonable. 
Because the 232 Exclusion Process is a public process, there needs to 
be transparency to allow the other public parties involved in the 
process (objector(s) and exclusion requesters) to have an idea of the 
scope and type of CBI information that is being provided to supplement 
a rebuttal or a surrebuttal.
    Comment (b)(5): Section 301 exclusion request process uses a clear 
and simple method by which parties can submit CBI--Commerce should 
adopt same process to allow submission of public and private version. A 
commenter encouraged Commerce to implement a method similar to that of 
the Section 301 exclusion process for the Section 232 exclusion request 
process, allowing parties to submit both public and confidential 
versions of the exclusion request form.
    BIS response: Commerce sees the benefit of adopting the same type 
of approach as used under the Section 301 process. However, the 
security needed to protect such information in the 232 Exclusions 
Portal would require additional programming and certifications. 
Therefore, at the current time Commerce will not be making these 
changes. If the 232 Exclusions Portal can accommodate CBI at a future 
date, Commerce will revisit this issue.

Exclusion Requests

    Comment (c)(1): Standard Commerce applies to exclusion requests 
remains unclear--need to specify whether in aggregate or for a specific 
requester. A commenter was concerned that it is unclear whether a 
specific requester's lack of availability and quality of material is 
the relevant consideration, or whether analysis of material quantities 
in the aggregate U.S. market provides a better metric. The commenter 
believes the proper standard should be the availability of material to 
the requesting company in the needed quality and quantity because this 
is largely in the control of the objecting supplier.
    BIS response: Commerce confirms here that exclusion requests are 
being reviewed based on the availability of material to the requesting 
company in the needed quality and quantity by U.S. suppliers. This rule 
clarifies that the standard applied to the review of an exclusion 
request is a case-by-case review to determine whether the requester has 
shown that the article is not produced in the United States in a 
sufficiently and reasonably available amount or of a satisfactory 
quality, or that there are specific national security considerations to 
grant the exclusion. In general, if no U.S. supplier submits an 
objection, absent a national security concern, Commerce approves such 
exclusion requests because a determination can be made that a U.S. 
supplier is not available to supply to the exclusion requester the 
needed quality and quantity of steel or aluminum described in the 
exclusion request.
    Comment (c)(2): Inconsistencies in the posted exclusion requests 
make it difficult for objectors to adequately review and respond. 
Commenters in this area are concerned whether exclusion requesters are 
consistently filling out the forms, and whether Commerce is adequately 
ensuring that the exclusion forms being posted meet the required 
standards of the form. For example, one commenter noted that hundreds 
of exclusion requests include no alloy designation (Question 4.b), but 
instead reference the HTSUS code or simply leave that field blank. This 
commenter asserted that an alloy designation is an important identifier 
for assessing the validity of an exclusion request, so its omission in 
many exclusion requests makes it difficult for potential objectors. 
Another commenter noted that many exclusion requests--including those 
that have already been approved--fail to indicate a volume associated 
with the included countries of origin.
    BIS response: Commerce acknowledges that, in certain cases, there 
has been some variability in how exclusion requesters or objectors have 
filled out the respective forms. Commerce has revised its standard 
operating procedures (SOPs) and conducted training for those reviewing 
232 submissions at Commerce to emphasize the importance of ensuring 
that the exclusion and objection forms are being completed in 
accordance with the information required on the forms. As a result of 
this comment, Commerce has highlighted these issues to the Commerce 
reviewers of the 232 submissions to ensure consistency and warns that 
submissions that do not meet the standards of the information required 
on the forms will be rejected.
    Comment (c)(3): ``Size ranges'' clarification was helpful in the 
September 11 rule, but additional clarification needed. A commenter 
noted that the September 11 rule offers some additional information on 
acceptable ranges but could be improved. The BIS response to Comment 
(g)(3) in the September 11 rule states that the exclusion request form 
allows for a product that may be within a specific range but not for 
products across a wide range. A permissible range must be within the 
minimum and maximum range that is specified in the tariff provision and 
applicable legal notes for the provision. This commenter believes that 
this suggests that products identical in all aspects, with the 
exception of a dimensional characteristic, and classified within the 
same HTSUS statistical reporting number, could be included within a 
single request. However, the commenter was concerned that the 
regulatory text under paragraph (c)(2) suggests that separate exclusion 
requests must be submitted for steel products with ``distinct critical 
dimensions'' covered by a common HTSUS statistical reporting number, 
and examples provided in the rule are for specific sizes of products, 
which does not appear inconsistent with Comment (g)(3) from the 
September 11 rule.
    BIS response: Commerce agrees a clarification to paragraph (c)(2) 
is warranted. This interim final rule, as described below in the 
regulatory changes, removes the word ``distinct'' before ``critical'' 
in the example

[[Page 81064]]

provided under paragraph (c)(2). This change is made to avoid any 
potential confusion on the scope of ranges that are permissible under 
an exclusion request. Commerce clarifies that products identical in all 
aspects, with the exception of a dimensional characteristic, and that 
are classified within the same HTSUS statistical reporting number, may 
be included within a single request. However, objections that indicate 
the ability to produce one or more products within the range, even if 
not the entire range, will be considered to be valid objections to an 
exclusion request.
    Comment (c)(4): Concerned that Commerce is not adequately reviewing 
exclusion requests. A commenter requested that Commerce fully evaluate 
all exclusion requests--including those for which no objections are 
filed--to ensure that the volumes requested are proportional to the 
U.S. market. This commenter was concerned that, generally, it seems 
Commerce is not evaluating whether there is actually demand in the 
market for these large volumes, and has granted requests based simply 
on the absence of any objections.
    BIS response: Commerce recognizes that there are exclusion requests 
for volumes that exceed prior years' consumption but that often receive 
no objections. Commerce also recognizes that there are objections that, 
in total, exceed the objectors' total capacity. Commerce is reviewing 
this issue to determine whether there is an approach to factor volumes 
requested and objected to in an objective, transparent, and efficient 
way. As an initial step to address this issue, this interim final rule 
makes regulatory changes to the 232 exclusions process, as described 
below under the 232 exclusion request volume certification heading to 
require a certification from exclusion requesters for volume requested 
and, when applicable, a certification for volume requested but 
unfulfilled due to legitimate circumstances when submitting exclusion 
requests in the 232 Exclusions Portal.
    Comment (c)(5): Does not believe Commerce has implemented an 
expedited approval process for exclusions that receive no objections--
contrary to what was stated in the September 11 rule and in statements 
by Commerce in other venues that Commerce would adopt such an expedited 
process. One commenter noted that Commerce does not yet appear to be 
adjudicating requests faster as a result of the updated exclusion 
process with some exclusion requests.
    BIS response: Commerce believes this comment was likely made as 
Commerce was working to address the initial backlog of exclusion 
requests that did receive objections and does not reflect the current 
status. At this time, the expedited review process for exclusions that 
do not receive objections is functioning well, with an average response 
time, as of July 20, 2020, of approximately 60 days, less than half the 
average processing time for exclusions that receive objections and a 
significant decrease in overall response times compared to earlier in 
the process.
    Comment (c)(6): Product descriptions in exclusion requests and 
approval decisions need to be more specific to ensure CBP can determine 
what is approved. A commenter noted that Commerce has granted a number 
of exclusion requests where the ``product description'' on both the 
request and Commerce's decision document is only the name for a general 
category of products and any detail regarding the size, chemistry, and 
other characteristics that may indicate that particular product at 
issue is not available from domestic sources are not carried over from 
the application. This commenter noted that greater specificity was 
needed in the approved exclusions.
    BIS response: Commerce works closely with CBP. Additional 
information is provided to CBP to ensure that CBP is able to 
effectively implement approved exclusions. CBP consults as needed with 
Commerce if any questions arise regarding the scope of a specific 
approved exclusion request.
    Comment (c)(7): Need to specify when the validity of an approved 
exclusion request begins. A commenter noted that there has been a 
number of exclusions granted where shipments were entered after the 
posting of the request but before the decision. The commenter asked for 
clarification if the one-year timeframe begins once the decision is 
made or if some other point is used to start the one-year timeframe.
    BIS response: Commerce clarifies that, as specified in paragraph 
(h)(2)(iii)(A) (Effective date for approved exclusions), an approved 
exclusion will be effective five business days after publication of the 
Commerce response granting an exclusion in the 232 Exclusions Portal. 
If granted, exclusions are generally effective for one year from the 
date of signature on the Decision Memo. Companies may also file Post-
Summary Corrections with CBP on unliquidated entries to recoup any 
tariffs paid on products that made entry between the submission date 
and the date of signature. Companies are able to receive retroactive 
relief on granted requests dating back to the date of the request's 
submission on unliquidated entries. However, requesters should note 
that where retroactive relief is granted, the quantities granted 
retroactive relief are still counted against the total quantity granted 
in the exclusion. The exclusion request expires when either the 
quantity granted has been exhausted or the exclusion reaches the end of 
the effective period specified in the decision memo (generally one year 
from the date of the decision), whichever comes first, and no pro-rata 
additional quantity is provided for retroactive relief. Given that 
duties do not apply for countries with quotas, retroactive relief is 
not applicable for exclusions from quotas.
    Once the exclusion becomes effective, the steel or aluminum 
articles specified in the approved decision memo in entries that have 
not been liquidated by CBP are those eligible for tariff refunds or 
tariff exclusions.
    Comment (c)(8): Product exclusions should be permanent not 
temporary (and on a universal basis). A commenter noted that temporary 
exclusions inject significant uncertainty into the business planning of 
companies and therefore recommended permanent exclusions.
    BIS response: Commerce does not agree that all product exclusions 
should be permanent and issued on a universal basis because that would 
defeat the purpose of the duties. Commerce does agree that for certain 
steel and aluminum articles, a more efficient approval mechanism is 
warranted and that the approval should be universal. Specifically, for 
certain steel and aluminum articles, Commerce has created General 
Approved Exclusions (GAEs) under the new supplements no. 2 and 3 to 
part 705 being added to this rule, which will be available to all 
importers.
    Comment (c)(9): Create streamlined process to allow one company 
seeking an exclusion for the same product already approved to a second 
company to quickly obtain an approved exclusion. A commenter requested 
that Commerce provide a streamlined process whereby a second company 
seeking to use an exclusion already granted to a U.S. company can 
quickly obtain the right to use the same product exclusion.
    BIS response: Commerce does not agree. The exclusion process is 
intended to be specific to each requester and each request must be 
reviewed on its own merits, allowing for potential objections and 
permitting rebuttal and surrebuttal process to play out as needed. As 
referenced in the previous comment, the GAEs are also responsive to 
some of what this commenter is requesting in

[[Page 81065]]

terms of creating a more efficient approval process where Commerce 
determines that relief is warranted in a particular circumstance for 
all importers.
    Comment (c)(10): Commerce should use its discretion to make 
exclusions available to all importers. A commenter requested that if a 
product is not made in the United States or is not made in sufficient 
quantity or quality, Commerce must grant a broader product exclusion 
(not just on a company-by-company, product-by-product basis). Another 
commenter noted that the Secretary and others at Commerce have 
repeatedly denied associations the ability to submit exclusion requests 
on behalf of their industries for widely used goods, because Commerce 
sought to identify those products receiving the most requests. However, 
the Secretary has yet to exercise this authority to grant general 
exclusions despite the same HTSUS codes receiving multiple requests.
    BIS response: As noted above, in this rule, Commerce is creating 
GAEs with the additions of supplement no. 2 and 3 to part 705. The 
creation of GAEs addresses this comment and will create a more 
efficient 232 exclusion process and reduce the burdens on exclusion 
requesters.
    Comment (c)(11): Explain circumstances under which BIS will approve 
broader product exclusions and how U.S. companies may request such an 
exclusion. A commenter noted that Commerce continues to state that it 
is considering approving broader exclusion requests, which can apply to 
multiple importers. However, no additional guidance has been provided 
as to how groups of companies can ask for such a broader exclusion.
    BIS response: This rule explains the circumstances when Commerce 
will approve broader product exclusions. These provisions are described 
in the new supplements no. 2 and 3 to part 705 with the addition of 
GAEs. The introductory text of the new supplements explain the process 
of how Commerce will approve these GAEs. As previously noted, these 
determinations for what steel or aluminum articles warrant being 
included in a GAE will be made by Commerce, in consultation with the 
other agencies referenced in the new supplements. The public will not 
be involved in requesting new or revised GAEs, but Commerce will use 
the information provided in exclusion requests to inform its review 
process for what additional GAE should be added or what revisions 
should be made to existing GAEs.
    Comment (c)(12): Process for making changes to an approved 
exclusion request. A commenter requested guidance be provided for how 
to make a correction to an application for exclusion after the 
exclusion has been approved.
    BIS response: This is a feature under consideration, but until that 
revision can be implemented, a new exclusion request will need to be 
submitted in the event of such circumstances. Commerce does clarify 
that BIS will make, when warranted in the 232 Exclusions Portal, 
technical corrections and a few other forms of ``non-substantive 
changes'' including: Importer of record (IOR) changes; supplier/
manufacturer changes; corrections to match product descriptions with 
product specifications; and corrections to organization information 
(i.e., accidental transposition of fields).

Objections

    Comment (d)(1): Concerned that Commerce has too much leeway to 
interpret the criteria ``not produced in the United States in a 
sufficient and reasonably available amount'' and ``not produced in the 
United States in a satisfactory quality.'' A commenter was concerned 
that this broad interpretation by Commerce could lead to the negation 
of exclusion requests in situations where one company files an 
objection that claims that it in theory could make that product in 
sufficient quantity or quality. The commenter noted that rebuttals to 
these claims are difficult to make without more detailed information 
from objectors on how they could make products in sufficient quantity 
or quality.
    BIS response: The criteria comes from the underlying Proclamations 
that authorize the creation of the 232 exclusions process. Therefore, 
Commerce does not have the discretion to change the criteria. Commerce 
added the rebuttal process, as well as the surrebuttal process, to 
allow requesters and objectors to further address the representations 
made in objections and rebuttals. Ultimately, if an exclusion request 
is not approved because of an objection, the exclusion requester will 
be able to determine definitively whether an objector is in fact able 
to provide the steel or aluminum article in question by attempting to 
obtain the product from the objector. Should all objectors be unable to 
produce a requested product as they represented in their objections, 
the requester may submit a new request with documentation evidencing 
this refusal. Commerce understands that time is vital to an exclusion 
requester and seeks to ensure that objectors provide sufficient 
information for a thorough evaluation of the request and objection. 
Moreover, objectors must certify their ability to manufacture the 
products described within their objections.
    Comment (d)(2): Objections should be reviewed cumulatively. A 
commenter is concerned that Commerce is not considering the cumulative 
impact of objections to exclusions. This commenter noted that U.S. 
producers that are filing objections to exclusion requests are 
routinely stating that the objector can and would fill the demand for 
the subject product. This commenter noted that while it may be true 
that the objector could reasonably expect to fill the needs of an 
individual company making an exclusion request, it is possible (or 
likely) that the objector could not fill the full demand for that 
product from all companies requesting an exclusion let alone all of the 
demand from other customers in the U.S.
    BIS response: Commerce is aware of this concern and has evaluated 
statistics on the 232 exclusions process, determining that, although 
there may be some anecdotal examples of where this occurred, as a 
general trend, the statistics do not support that this is a significant 
issue with objections in the 232 exclusions process. In the past year, 
BIS has received objections to exclusion requests for approximately 19 
million metric tons of steel products, or roughly 16% of total U.S. 
steel production capacity. None of the companies with publicly 
available capacity figures objected to more than their total capacity. 
When factoring in that multiple companies often object to the same 
exclusion request, volume objected to as a percentage of total capacity 
was significantly lower. Exclusion requesters are encouraged to provide 
documentation in their requests or rebuttal filings that objectors are 
unable to supply the products being requested because of insufficient 
capacity.
    Comment (d)(3): Exclusion process guidelines are unclear about the 
obligations that come with filing an objection. A commenter asked for 
clarification from Commerce about whether producers should be 
submitting objections if they have the capability to make a product, 
but not the immediate capacity, or if they can only produce a fraction 
of the requested volume for a specific manufacturer. For example, the 
commenter noted that aluminum producers have expressed a concern that 
filing an objection will obligate that producer to offer for sale the 
full scope and volume of imports included in a request--which, if 
importers are

[[Page 81066]]

requesting massive volumes, might be impossible.
    BIS response: Commerce agrees this should be clarified in the 
regulations and makes changes to paragraph (c)(6)(i), as described 
below, to address this issue. Commerce has the ability to deny a part 
of an exclusion request when an objector demonstrates sufficiently in 
the objection and any potential surrebuttal that they are able to 
produce a portion of the requested quantity of a steel or aluminum 
article within the required time needed by the importer. Therefore, 
objectors should not be deterred from submitting objections when they 
may not be able to fulfill 100% of the requested exclusion. Over time, 
as more of their domestic capacity comes back online or is added, these 
same objectors may be able to fulfill larger percentages of the 
exclusion requests, which would help to better achieve the stated 
purposes of the duties in helping to support the domestic production 
capabilities and capacity that are critical to protecting U.S. national 
security. Commerce is reviewing this issue to determine whether there 
is an objective, transparent, and efficient approach to take into 
consideration volumes requested and objected to under the 232 
exclusions process.
    Comment (d)(4): Modify the objection form (and the rebuttal and 
surrebuttal form) to clarify whether companies can object on the 
ostensible grounds that they have the capability to make a product. A 
commenter requested guidance on how Commerce will consider objections 
from producers that have the capability to make a product but do not 
have immediately available capacity to meet the importer's stated 
needs.
    BIS response: Commerce does not agree that the objection form, or 
the rebuttal or surrebuttal form need to be updated to address this 
commenter's concern. The information required on rebuttal and 
surrebuttal forms, as well as the objection criteria specified in 
paragraph (d), provides a clear standard that Commerce may apply. After 
reviewing an objection, rebutters may also inform the Commerce review 
process by evaluating and commenting on whether an objector will be 
able to provide the needed steel or aluminum article in the quantity 
and quality and to make that ``immediately available'' from an 
exclusion requester's perspective. As described below, this rule makes 
additional changes for what constitutes being ``immediately 
available,'' and these changes will further clarify the application of 
this criteria to make sure that U.S. producers are being held to the 
same standard as potential foreign competitors in meeting the time 
required for delivery of the steel or aluminum article for which they 
are requesting an exclusion.
    Comment (d)(5): Objecting parties should be required to fill 
orders. A commenter noted that this would prevent the objection process 
from becoming a lever for business competition with domestic parties 
objecting to an exclusion request and then refusing to fill orders or 
only filling orders at inflated prices. This commenter also asked that 
companies that were denied an exclusion requested on the basis of an 
objection be permitted to show evidence of an inability to secure 
material and gain an exception if the objecting party cannot fill 
orders.
    BIS response: Commerce understands the reasoning behind this 
comment but is also mindful that it is not the role of Commerce to 
dictate whether an objector must sell the steel or aluminum article, or 
whether the exclusion requester must purchase the steel or aluminum 
article from the objector. For example, as the commenter noted, the 
objector may be able to provide the steel or aluminum but at a price 
that is not tenable for the exclusion requester or at a price that does 
not justify the exclusion requester switching suppliers of the steel or 
aluminum article. Commerce believes that these types of business 
decisions should be left to the two companies involved so as to not 
unduly influence the functioning of the market. As for the request to 
allow an exclusion requester to subsequently reference in a new 
exclusion request that an objector was not able to provide the steel or 
aluminum in a previous exclusion request, the current process already 
addresses that sufficiently. First, the exclusion requester may submit 
a new exclusion request. The earlier objector may choose not to object 
to the new exclusion request based on their past experience of not 
being able to provide the steel or aluminum article. Assuming no other 
objector comes forward, the exclusion request will be reviewed under 
the expedited process. If the same objector objects to the new 
exclusion request, the rebuttal process allows the exclusion requester 
to document in the rebuttal the past activity with that objector.
    Comment (d)(6): Objections should also be rejected for 
incompleteness. If Commerce is rejecting requests based on 
incompleteness, we believe it should extend the same scrutiny to 
objections.
    BIS response: Commerce agrees and does reject objections for 
incompleteness when warranted. BIS does review objections (and 
rebuttals/surrebuttals) for completeness, but a rejection is rare for 
these filings in the 232 Exclusions Portal. The Portal has mandatory 
fields that ensure most filings are complete. However, there is a 
different standard of what is necessary for a complete submission of an 
exclusion request versus an objection. The former generally must meet 
more specific review criteria. At this time, objectors may list 
capacity, utilization, manufacturing, or delivery time data as CBI on 
the objection form. Commerce's International Trade Administration 
(ITA), on behalf of BIS and Commerce, will then request this 
information if needed.
    Comment (d)(7): Delivery times are getting much longer because of 
the tariffs and U.S. producers are approaching maximum capacity 
utilization rates. A commenter noted that prior to the imposition of 
tariffs for non-specialty metals, many steel users reported roughly 
six-week to eight-week lead times. Since the steel tariffs took effect, 
those same members report the doubling of delivery times, creating 
significant delays and interruptions in the manufacturing supply chain 
that could lead Original Equipment Manufacturers (OEMs) to source their 
inputs from non[hyphen]U.S. sources that experience less volatility due 
to government interference.
    BIS response: To the extent there has been an increase in delivery 
times related to the tariffs, importers seeking exclusions can always 
import the article and pay the tariffs while their exclusion requests 
are pending. In addition, an objector must have the article 
``immediately available'' in the needed quantity and quality. As 
referenced below in the clarifications being made to ``immediately 
available,'' the previous criteria were holding U.S. producers in many 
cases to shorter delivery times than foreign competitors, a discrepancy 
that is being addressed in this rule. Commerce believes that the 
``immediately available'' criterion, which is being refined in this 
rule, provides a reasonable standard that should not result in a 
lengthening of the time period for delivery of steel and aluminum 
articles for U.S. users.
    Comment (d)(8): Producers should be held accountable. A commenter 
requested that Commerce hold organizations that file objections to the 
highest of standards. Commerce should require specificity before 
considering the objection and should question and verify the assertions 
made by the objectors or claims made in surrebuttals.
    BIS response: Commerce agrees that all parties, both objectors and 
requesters, should be held to the

[[Page 81067]]

standards set forth in the regulations. Accordingly, parties making 
submissions to Commerce with regard to an exclusion request are 
required to legally certify the veracity of the submission. These 
standards are specified on the objection and surrebuttal forms, in the 
criteria specified in paragraphs (d) and (g), on the exclusion request 
and rebuttal forms, and in the criteria specified in paragraphs (c) and 
(f) of supplement no. 1 to part 705.
    Comment (d)(9): U.S. steel producers are approaching maximum 
capacity utilization rates. A commenter noted that one objector 
reported its facility is currently operating at an 89% capacity 
utilization rate, well above the 80% target set by Commerce and at 
levels not seen since prior to the Great Recession. This commenter also 
noted that the American Iron and Steel Institute reported that for the 
week ending November 10, 2018, domestic raw steel production saw a 
capacity utilization rate of 81.7%, also above the 80% threshold.
    BIS response: As stated in the 232 report, the 80 percent figure is 
an ``average'' rate for financial viability of the industry which is 
``necessary to sustain adequate profitability and continued capital 
investment, research, and development, and workforce enhancement in the 
steel sector.'' The U.S. steel industry's capacity utilization rates 
have not been sustained. That said, making changes to the duties being 
imposed and/or quotas implemented are outside the scope of this rule.

Criteria Defining What Is Meant by Available ``immediately''

    Comment (e)(1): September 11 rule defining what was meant by 
available ``immediately'' was a positive step that improved the 232 
process. A commenter noted that setting a clear definition of 
``available immediately'' at eight weeks is a reasonable timeline and 
helps provide stability to steel and aluminum[hyphen]using 
manufacturers.
    BIS response: Commerce agrees that providing a definition of 
``immediately available'' was a positive step in providing greater 
transparency and consistency for the 232 exclusion process. However, 
defining ``immediately available'' as eight weeks meant that, in 
certain cases, U.S. producers could be held to a shorter delivery time 
than foreign competitors and was more restrictive than the timeframe 
needed by the importer for their business needs. As described below, to 
address this fairness issue and to create equal treatment, this interim 
final rule revises the criteria for available ``immediately'' and 
specifies that if an objector is asserting that it is not currently 
producing the steel or aluminum identified in an exclusion request but 
can produce the steel or aluminum, the objector must be able to make it 
available in accordance with the commercial needs of the U.S. user of 
the steel or aluminum, as described in the exclusion request. Under 
this revised criteria in paragraph (d)(4), the objector must identify 
how it will be able to produce and deliver the quantity of steel or 
aluminum needed either within eight weeks, or if after eight weeks, by 
a date which is earlier than the date that a named foreign supplier can 
deliver the entire quantity of the requested product. It is incumbent 
on both the exclusion requester and the objecting producers to provide 
supplemental evidence supporting their claimed delivery times.
    Comment (e)(2): Objections that do not clearly meet the 
``immediately'' standard should be rejected. A commenter noted that 
objections to exclusion requests available on the 232 Exclusions Portal 
reveal numerous vague assertions that clearly do not meet the available 
``immediately'' threshold set forth by Commerce. This commenter 
recommends that Commerce reject these objections outright.
    BIS response: Commerce holds objectors to the standard specified in 
the regulations under paragraph (d) and requires objectors to complete 
the objection form, and the surrebuttal form as applicable, fully and 
accurately. If an objector is not able to meet the available 
``immediately'' criteria, Commerce will not deny such an exclusion 
request. Requesters can provide additional information on the rebuttal 
form. In reviewing the exclusion request to make a final determination, 
Commerce takes into account information provided in the rebuttal to 
evaluate whether the objector can produce the article in sufficient 
quantity and quality, and within the time specified in the criteria in 
paragraph (d) of supplement no. 1 to part 705.
    Comment (e)(3): Defining eight weeks as ``immediate delivery'' is 
unrealistic and it would be better to make the standard based on the 
nature of the product. A commenter noted that it is unrealistic to 
require domestic producers to supply a requested product in the volume 
requested within eight weeks as a prerequisite to filing a valid 
objection and that this requirement appears to reflect a 
misunderstanding of how both the steel industry and international 
shipping work. This commenter also noted that in determining that eight 
weeks is the appropriate timeframe, Commerce regrettably rejected a 
suggestion that the time frame should depend on the nature of the 
product--with simpler products subject to a shorter timeframe than more 
sophisticated products--and in any case, should be no shorter than 12 
to 16 weeks.
    BIS response: As described above, Commerce agrees that 
clarification is warranted for use of eight weeks under the available 
``immediately'' criteria. The changes this rule makes will also be 
responsive to this commenter's concerns.
    Comment (e)(4): Allowing foreign suppliers one year to supply the 
steel or aluminum for approved exclusions, but only allowing eight 
weeks for domestic suppliers creates an unfair playing field. A 
commenter noted that granted exclusions are valid for one year and will 
presumably be supplied by foreign producers over the course of that 
year, not all at once. This commenter noted that requiring a U.S. 
producer to supply the consumer within eight weeks makes little sense 
and runs counter to the rationale underlying the adjustments to imports 
ordered by the President.
    BIS response: Commerce agrees and is making changes in the rule for 
how ``immediately'' is defined to create equal treatment for U.S. and 
foreign producers.
    Comment (e)(5): ``Immediately'' should mean being able to provide 
the steel or aluminum as quickly as a foreign supplier. A commenter 
noted that the minimum standard that Commerce should establish for 
objections is 12 weeks (84 days), which they consider a reasonable and 
representative time for a foreign producer to make a simple steel item 
and ship it to the United States. This commenter recommended that 
Commerce should only determine that the domestic product is not 
``immediately'' available when a domestic source cannot provide 
material before offshore suppliers.
    BIS response: Commerce has retained eight weeks as part of the 
available ``immediately'' criteria under paragraph (d)(4) but, as 
described elsewhere in this rule, is also making changes to the 
criteria that are responsive to this commenter's concerns.
    Comment (e)(6): Need to specify the quantity that needs to be 
supplied within the ``immediate delivery'' timeframe. A commenter noted 
that there is no indication in the current version of the regulations 
of the quantity that must be supplied within the ``immediate delivery'' 
timeframe. The commenter noted that the current regulations specify 
that if an objector is not currently producing the product at

[[Page 81068]]

issue, then ``the objector must identify how it will be able to produce 
the article within eight weeks,'' detailing in writing the timeline to 
start production. This commenter recommends clarifying whether this 
means the production must merely start, shipments of commercial 
quantities must begin, or the total quantity must be delivered within 
the specified time.
    BIS response: Commerce agrees this should be clarified. As 
described below, this rule revises paragraph (d)(4) of supplement no. 1 
to specify the objector must identify how it will be able to produce 
and deliver the quantity of steel or aluminum needed either within 
eight weeks, or if after eight weeks, by a date which is earlier than 
the date that a named foreign supplier can deliver the entire quantity 
of the requested product. The addition of the phrase ``and deliver'' 
after the term ``produce'' will address the concern raised by this 
commenter.
    Comment (e)(7): Production capacity for steel and aluminum 
producers must be considered during objection and rebuttal process. As 
Commerce considers objections filed by steel and aluminum companies, 
Commerce must ask the steel and aluminum producers several probing 
questions to truly determine the capabilities of suppliers to meet the 
consuming industries' needs and consider these answers surrounding 
domestic capacity when making exclusion decisions. The commenter noted 
that these questions should include at a minimum: ``Do the steel or 
aluminum companies currently manufacture and supply the product in the 
United States? If so, have their deliveries to their customers been 
timely, and is so, for how long? What is the steel or aluminum 
companies' current manufacturing capacity and timeframe for ramping up 
if they currently do not have the capacity?''
    BIS response: Commerce believes the information required on the 
objection form, surrebuttal form as applicable, and the criteria in 
paragraph (d) to supplement no. 1 that is used by Commerce, is 
sufficiently informative to determine the production capabilities of 
objectors. This information is also supplemented by the evidence 
provided through rebuttals and surrebuttals, and through CBI submitted 
in support of rebuttals and surrebuttals. Commerce does not believe 
additional questions are required to be added to the objection or 
surrebuttal forms in order to make determinations on the production 
capabilities of objectors.

Rebuttals and Surrebuttals

    Comment (f)(1): Seven days is not enough time for rebuttals and 
surrebuttals. A commenter does not agree that allowing only seven days 
for such comments is appropriate. This commenter noted that considering 
the volumes of new information being submitted in some rebuttals, one 
week is not enough time for a domestic producer to analyze the 
information and offer a meaningful surrebuttal.
    BIS response: Commerce does not agree. The length of time for 
decisions under the 232 exclusions process is a concern for many 
entities, including Commerce. The inclusion of the rebuttal and 
surrebuttal comment periods helps to better inform the 232 exclusion 
process for Commerce, but Commerce is also mindful not to allow these 
additional comment periods to add any more time to the review process 
than is needed. Commerce believes that those parties involved in a 232 
submission that receives an objection or a rebuttal should place a 
priority on reviewing the objection or rebuttal in a timely fashion, 
submitting any warranted rebuttal or surrebuttal. Commerce believes a 
one-week period is sufficient for the review of an objection or 
rebuttal, and allows for the party to conduct any needed follow up 
conversations and to prepare and submit a rebuttal or surrebuttal as 
applicable.
    Comment (f)(2): Allowing unlimited number of refilings of 
exclusions undermines the usefulness of objections, and the rebuttal/
surrebuttal process. A commenter questioned whether rebuttals and 
surrebuttals are a worthwhile use of resources if requesters remain 
free to submit unlimited numbers of exemption requests. This commenter 
noted that a requester could, in lieu of a rebuttal, file a revised 
request addressing whatever deficiencies were identified in the 
objection. This commenter noted that this would alleviate some of the 
unfairness of requiring domestic producers to respond to untold volumes 
of new information in just a few days and would aid Commerce's analysis 
by promoting thoughtful and complete original application requests 
instead of reviews of hurried rebuttal and surrebuttal comments.
    BIS response: As a general matter, Commerce believes that it is 
important to allow an unlimited number of exclusion requests to be 
submitted. As described above, the ability to submit a successive 
exclusion request is a key way that the 232 exclusion process addresses 
cases where an objection may have resulted in the denial of an 
exclusion request, but then subsequently no objector was able to 
deliver the steel or aluminum in the quantity and quality needed 
``immediately.'' Therefore, Commerce does not agree that a restriction 
should be added to restrict the number of exclusion requests that may 
be submitted.
    Comment (f)(3): Allowing unlimited refilings of exclusions allows 
for the potential to overwhelm potential objectors. A commenter noted 
that if Commerce continues the rebuttal and surrebuttal process, it 
should consider limiting a party's ability to file multiple exclusion 
requests for the same product. This commenter noted that the current 
system provides an incentive for entities seeking exclusions to submit 
them over and over again with only minor modifications in an attempt to 
overwhelm domestic producers so that domestic interests fail to file 
objections because there are simply too many requests or they believe 
an objection to have already been filed.
    BIS response: As noted above, Commerce is reviewing the issue of 
the volume of articles subject to exclusion requests and objections and 
will address this issue in a subsequent IFR.

232 Exclusions Portal

    Since the launch of the 232 Exclusions Portal, Commerce has 
implemented a number of enhancements that address some of the key 
comments received in response to the June 10 and May 26 rule. Commerce 
has highlighted the changes made to the 232 Exclusions Portal, which 
are responsive to these comments received in response to the June 10 
rule, as well as some of the comments received on the May 26 notice. 
There are additional requested changes to the 232 Exclusions Portal in 
response to the June 10 rule and the May 26 notice that Commerce is 
still reviewing. Commerce will summarize and address those comments in 
at least one subsequent rule, although enhancements in the 
functionality of the 232 Exclusions Portal, similar to the enhancements 
described below, will likely be implemented on an ongoing basis as they 
are ready to be implemented.
    Comment (g)(1): Ability to import previously-filed submissions. A 
commenter noted that allowing the ability to import previously-filed 
submissions would be extremely beneficial for exclusion requesters and 
objectors, reducing the time burdens on repeat users of the 232 
Exclusions Portal. Another commenter noted that the nature of manual 
entry in the new 232 Exclusions Portal is likely to create

[[Page 81069]]

significant opportunity for errors and requires significantly more time 
and resource allocation than under the previous system. The ability to 
reuse information included in previously submitted 232 submission forms 
would be very beneficial. A commenter acknowledged that the user guide 
for the 232 Exclusions Portal provides information on creating a 
profile within web-browsers, but a simplified system for importing 
previously-filed submissions by users through their dashboard would be 
immensely beneficial for all users of the system.
    BIS response: Commerce clarifies here that the AutoFill Feature of 
the 232 Exclusions Portal addresses these comments. The AutoFill 
Feature that launched with the 232 Exclusions Portal addresses several 
of the comments submitted in response to the June 10 rule. AutoFill 
enables users to effectively import previous filings by allowing them 
to fill out a filing once and then save that template for reuse in 
future filings. It also allows users to save their in-progress filings 
as templates. A native save/share feature is still under discussion.
    Comment (g)(2): Increasing the search functionality in the 232 
Exclusions Portal. Commerce received a number of comments requesting 
improvements to various aspects of the search functionality in the 232 
Exclusions Portal. A commenter requested that product class should be a 
searchable field, and that product class should be added to the main 
portal screen with a filtering function. Another commenter noted that 
the search functionality needs to be improved by adding a simple ``find 
all'' type of search capability in the 232 Exclusions Portal. One 
commenter noted that the search functionality is not as good as it is 
in www.regulations.gov. Another commenter requested a change be made to 
allow the download of individual submissions and all data in the new 
portal. Specifically, this commenter noted that it is extremely 
important that all users can download both individual submissions 
(exclusion requests, objections, rebuttal, and surrebuttal filings) and 
the information found in the portal in its entirety, as can be done 
currently in www.regulations.gov. Another commenter noted that it is 
difficult to extract data for queried databases, particularly from the 
volume and origin fields. Another commenter requested allowing users to 
refresh the portal without resetting the filters.
    BIS response: Commerce had addressed a number of these concerns 
with the 232 Exclusions Portal by improving the Public Data Extract 
functionality of the portal. The Public Data Extract tool allows users 
to download a filterable and searchable set of all filed data in the 
232 Exclusions Portal, effectively functioning as an advanced search 
feature. Commerce will continue to consider additional measures to 
improve the Public Data Extract tool.
    Comment (g)(3): Improving Dashboard functionality. A commenter 
requested that the dashboard allow organizations to allow others in 
their organizations to view submissions made by others in the same 
organization.
    BIS response: Commerce has made changes under the Dashboard Limit 
to address these types of requests for additional Dashboard 
functionality. Commerce expanded the Dashboard View in the 232 
Exclusions Portal in 2020, improving dashboard functionality by 
allowing users to see all of their filings in one location on the front 
page of their Dashboard.
    Comment (g)(4): Allow extensions of time when 232 Exclusions Portal 
is not accessible. A commenter expressed concern about technical issues 
with accessing the new 232 Exclusions Portal. This commenter requested 
that if documented information technology issues with the portal occur, 
Commerce should be able to extend the time for companies to file 
exclusion requests or objections.
    BIS response: Commerce has taken steps to address technical 
extensions for timelines for 232 submission. Specifically, BIS works 
with users on a case-by-case basis to address any technical issues 
encountered and take necessary corrective action. Occasionally these 
corrective measures may include reopening filing windows during periods 
in which they were inaccessible.

Changes Made in This Interim Final Rule To Improve the 232 Exclusions 
Process

Simplification of the Text

    As described further below, this rule makes three changes to 
simplify the text for the 232 exclusions process by removing one of the 
supplements, and making conforming changes to add references to 
aluminum in the steel supplement; removing references to 
www.regulations.gov; and, as a conforming change, removing the Annex 
that provided steps for using www.regulations.gov.
    When Commerce added supplements nos. 1 and 2 to part 705, the 
objective was to create two parallel supplements with one specific to 
the 232 exclusion process for steel under supplement no. 1, and a 
second one specific to the 232 exclusion process for aluminum under 
supplement no. 2. Commerce has reevaluated whether this parallel 
structure is needed because the vast majority of the text is identical 
between the two supplements and, when making updates to improve the 
regulatory provisions, it creates the potential for unintended 
differences between the two supplements and makes updating the two 
supplements more burdensome than necessary. For these reasons, in this 
rule Commerce is removing supplement no. 2 to part 705 and is making 
conforming changes to supplement no. 1 where information that is 
specific to aluminum needs to be added because of the removal of 
supplement no. 2.
    This interim final rule updates and simplifies the text in 
supplement no. 1 by removing various references to www.regulations.gov 
and all text that was previously needed in supplement no. 1 to describe 
the previous process of using www.regulations.gov for submitting 232 
submissions. At this time, there are no longer any more pending 232 
exclusion requests in www.regulations.gov. Therefore, Commerce is 
removing those references to www.regulations.gov from supplement no. 1 
in this rule, thus simplifying and shortening the text in supplement 
no. 1 considerably.
    As an additional conforming change related to the removal of 
references to www.regulations.gov, this rule removes Annex 1 to 
Supplements No. 1 and 2 to Part 705_Steps for Using Regulations.gov to 
File Rebuttals and Surrebuttals. The additional guidance included in 
this Annex is no longer needed because www.regulations.gov is no longer 
being used for the 232 exclusions process. The 232 Exclusions Portal 
does not require guidance on the steps to be included in the 
regulations.

Adding Reminder Regarding Consequences for False Statements or 
Representations

    This interim final rule adds a new Note 2 to Paragraph (b) to 
remind all parties submitting 232 submissions under supplement no. 1 to 
part 705 that it is a criminal offense to willfully make a false 
statement or representation to any department or agency of the United 
States Government as to any matter within its jurisdiction [18 U.S.C. 
1001(2018)]. As a conforming change, this interim final rule 
redesignates the existing Note to Paragraph (b) as Note 1 to Paragraph 
(b).

[[Page 81070]]

Improving the Fairness and Efficiency of the Review Process

    In order to improve the efficiency of the review process, this 
interim final rule reduces the page limit for exclusion requests, 
objections to submitted exclusion requests, rebuttals, and 
surrebuttals. In paragraph (e), this rule removes the 25-page limit for 
exclusions and objections to submitted exclusions requests, and 
replaces that with a 5,000-word limit. In paragraph (f)(2), this rule 
removes the ten-page limit for rebuttals and replaces that with a 
2,500-word limit. In paragraph (g)(2), this rule removes the ten-page 
limit for surrebuttals and replaces that with a 2,500-word limit.

232 Exclusion Request Volume Certification

    This interim final rule makes changes to ensure that the volume 
request in exclusion requests is consistent with the past use of steel 
or aluminum by an exclusion requester. This interim final rule revises 
paragraph (c)(5) (Substance of exclusion requests) by redesignating the 
existing text of paragraph (c)(5) as a new paragraph (c)(5)(i). This 
interim final rule adds a new paragraph (c)(5)(ii) (Certification for 
volume requested).
    New paragraph (c)(5)(i) specifies that in order to ensure that the 
volume requested in an exclusion request is consistent with legitimate 
business needs for the same steel or aluminum articles obtained (i.e., 
imported from abroad either directly by the requester or indirectly by 
purchasing from distributors) by the entity requesting an exclusion, a 
certification needs to be made in the 232 Exclusions Portal when 
completing the submission of a 232 exclusion request. The 232 
Exclusions Portal will include the text specified in paragraphs 
(c)(5)(ii)(A)-(E), and this exclusion request certification for volume 
requested must be signed in the 232 Exclusions Portal by an 
organization official specifically authorized to certify the document 
as being accurate and complete to the best of his/her knowledge.
    The person signing the certification under paragraph (c)(5)(ii)(A) 
must attest that the exclusion requester intends to manufacture, 
process, or otherwise transform the imported product for which they 
have filed an exclusion request, or has a purchase order or orders for 
such products.
    Under paragraph (c)(5)(ii)(B), the exclusion requester must certify 
that they do not intend to use the requested exclusion, if granted, 
solely to hedge or arbitrage the price.
    Under paragraph (c)(5)(ii)(C), the exclusion requester must certify 
that they expect to consume, sell, or otherwise use the total volume of 
product across all their active exclusions and pending exclusion 
requests in the course of their organization's business activities 
within the next calendar year.
    Under new paragraph (c)(5)(ii)(D), the exclusion requester is 
submitting an exclusion request for a product for which they previously 
received an exclusion, they must certify that they either imported the 
full amount of their approved exclusion(s) last year, or intended to 
import the full amount but could not due to one of the reasons 
specified in new paragraphs (c)(5)(ii)(D)(1)-(3). The criteria included 
in new paragraphs (c)(5)(ii)(D)(1)-(3) that must be attested to, if 
applicable, are intended to ensure that, if a requester did not import 
the full amount, there were legitimate business reasons justifying that 
outcome. These legitimate business reasons are loss of contract(s); 
business downturns; or other factors that were beyond the 
organization's control that directly resulted in less need for steel or 
aluminum articles.
    Under new paragraph (c)(5)(ii)(E), the exclusion requester 
certifies that the exclusion amount requested this year is in line with 
what their organization expects to import based on their current 
business outlook. Lastly, paragraph (c)(5)(ii)(E) requires the 
exclusion requester to certify that, if contacted by Commerce, their 
organization will provide documentation that justifies the assertions 
in the certification regarding past imports of steel or aluminum 
articles and projections for the current year, as it relates to past 
and current calendar year exclusion requests.
    This interim final rule adds a new Note 2 to paragraphs (c)(5)(i) 
and (ii) to make the public aware that an exclusion request that does 
not include a certification made in accordance with (c)(5)(i) and (ii) 
will be treated as an incomplete submission and will therefore be 
rejected.

Clarification of Eight Weeks and Available ``Immediately''

    This rule makes changes to clarify when an objector would be 
required to be able to provide the steel or aluminum in the quantity 
and quality to which they were objecting on the basis that they could 
provide that steel or aluminum ``immediately.''
    In the introductory text of paragraph (c)(6), this rule revises the 
criteria to clarify that an objector must be able to provide the steel 
or aluminum ``by a date earlier than the time required for the 
requester to obtain the entire quantity of the product from the 
requester's foreign supplier,'' instead of being strictly limited to 
producing it within eight weeks.
    In paragraph (c)(6)(i), this rule retains the term ``immediately,'' 
but clarifies that the aluminum or steel does not need to be produced 
within eight weeks in certain cases. This interim final rule clarifies 
that ``immediately'' now means produced and delivered within eight 
weeks or, if not possible, then produced and delivered within a time 
frame that is equal to or earlier than that needed by the requester as 
demonstrated by the time required to obtain the product from the 
requester's foreign supplier. This change is made to create a more 
equal playing field between U.S. objectors and foreign producers, and 
to ensure that U.S. producers are not given less time to be able to 
meet the steel or aluminum demand being requested in an exclusion 
request. For example, if a requester can obtain foreign-produced steel 
described in an exclusion request in 12 weeks, there is no reason to 
arbitrarily limit the U.S. producer to having to produce the steel 
within eight weeks. The change this interim final rule makes to the 
term ``immediately'' addresses this issue.
    This interim final rule also revises paragraph (c)(6)(i) to address 
the scenario where an objector can produce and deliver a portion of the 
steel or aluminum that is being requested in the exclusion request. 
This new sentence clarifies that, consistent with current practice, 
Commerce may partially approve an exclusion request when an objector 
can produce and deliver a portion, which is less than 100 percent but 
10 percent or more, of the amount of steel or aluminum being requested 
in the exclusion request. In such cases, Commerce may partially approve 
a requested exclusion for that percentage of imported steel or aluminum 
that the objector has demonstrated it can produce and deliver.
    This interim final rule revises paragraph (d)(4) to clarify that, 
if an objector is not currently producing the steel or aluminum but can 
produce the aluminum or steel and make it available ``immediately,'' 
the objector still has ground to object to the exclusion request. This 
rule defines the term ``immediately'' to mean that the objector must be 
able to produce and deliver the quantity of steel or aluminum needed 
either within eight weeks, or if after eight weeks, by a date earlier 
than the time required for the requester to obtain the entire quantity 
of the product from the requester's foreign supplier. It is incumbent 
upon both the exclusion requester and objecting producers to

[[Page 81071]]

provide supplemental evidence supporting their claimed delivery times.

General Approved Exclusions (GAEs)

    This rule adds a new Supplement No. 2 to Part 705--General Approved 
Exclusions (GAEs) for Steel Articles Under the 232 Exclusions Process, 
and a new Supplement No. 3 to Part 705--General Approved Exclusions 
(GAEs) for Aluminum Articles under the 232 Exclusions Process. These 
two supplements identify the steel and aluminum articles that have been 
approved for import under a GAE. This rule adds 108 GAEs for steel 
articles under supplement no. 2 part 705 and 15 GAEs for aluminum 
articles under supplement no. 3 to part 705. Each GAE is identified 
under the GAE identifier column, e.g., GAE.1.S: 7304592030 (for the 
first approved GAE for steel) or GAE.1.A: 7609000000 (for the first 
approved GAE for aluminum).
    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, 
makes these determinations that certain aluminum and steel articles may 
be authorized under a GAE consistent with the objectives of the 232 
exclusions process as outlined in supplement no. 1 to this part. The 
GAEs described in these supplements may be used by any importer. The 
two new supplements specify that, in order to use a GAE, the importer 
must reference the GAE identifier in the Automated Commercial 
Environment (ACE) system that corresponds to the steel or aluminum 
articles being imported. GAEs do not include quantity limits. The 
effective date for each GAE will be fifteen calendar days after the 
date of publication of a Federal Register notice either adding or 
revising a specific GAE identifier in supplement no. 1 to this part. 
There will be no retroactive relief for GAEs. This interim final rule 
also specifies that relief is only available to steel or aluminum 
articles that are entered for consumption, or withdrawn from warehouse 
for consumption, on or after the effective date of a GAE included in 
supplement no. 1 to this part. These GAEs are indefinite in length, but 
Commerce may at any time issue a Federal Register notice removing, 
revising, or adding to an existing GAE in this supplement as warranted 
to align with the objectives of the 232 exclusions process as described 
in supplement no. 1 to this part. Commerce may periodically publish 
notices of inquiry in the Federal Register soliciting public comments 
on potential removals, revisions, or additions to this supplement.

Other Changes and Clarifications to the 232 Exclusions Process

    In paragraph (b)(5)(iii), this interim final rule adds a new 
paragraph (b)(5)(iii)(A) and redesignates existing paragraphs 
(b)(5)(iii)(A)-(C) as paragraphs (B) to (D). New paragraph 
(b)(5)(iii)(A) clarifies the process for handling CBI related to 
exclusion requests or objections by directing exclusion requesters and 
objectors to check the appropriate box in the 232 Exclusions Portal to 
indicate that the filer has relevant CBI for consideration when 
applicable. This new paragraph also clarifies the existing practice 
that if Commerce determines after review that the CBI is needed, 
Commerce will directly request the CBI.
    In paragraph (c)(2) (Identification of exclusion requests), this 
rule removes the word ``distinct'' in the phrase ``distinct critical 
dimensions.'' This change is being made to avoid any potential 
confusion on the scope of ranges that are permissible under an 
exclusion request. This change will make clear that, provided the range 
being requested in an exclusion request is within the minimum and 
maximum range that is specified in the HTSUS statistical reporting 
number and applicable notes for the provision, a single exclusion 
request may be requested for that steel or aluminum article. Objections 
that indicate the ability to produce one or more products within the 
range, even if not the entire range, will be considered to be valid 
objections to an exclusion request.
    Also in paragraph (c)(2), this rule removes the Note to paragraph 
(c)(2) because it is no longer needed. The exclusions form on the 232 
Exclusions Portal does not include that block for countries subject to 
a quantitative limitation, so the instructions in the Note to paragraph 
(c)(2) are no longer needed.
    In paragraph (c)(6) (Criteria used to review exclusion requests) 
introductory text, this interim final rule adds one sentence at the end 
for clarification and to alert the public that items for which a 
broader determination has been made will be identified in supplements 
no. 2 or 3 to part 705.
    In paragraph (d)(3) (Time limit for submitting objections to 
submitted exclusions requests), this interim final rule makes revisions 
to specify that the 30-day clock starts at 11:59 p.m. Eastern Time on 
the calendar day an exclusion request is posted in the 232 Exclusions 
Portal.
    In paragraph (h)(1)(i), this interim final rule adds the term 
``rejected'' before the phrase ``or denied'' to clarify that exclusion 
requests that do not satisfy the requirements specified in paragraphs 
(b) and (c) of this supplement may be rejected or denied.
    In paragraph (h)(2)(iv) (Validity period for exclusion requests), 
this interim final rule makes revisions to add the phrase ``from the 
date of the signature on the decision memo'' to clarify that exclusions 
will generally be approved for one year from the date of the signature 
on the decision memo.

Types of Comments Commerce Is Requesting on This Rule

    Commerce is not seeking comments regarding the duties or 
quantitative limitations themselves or the exclusion and objection 
process overall. Rather, Commerce seeks comments on whether the 
specific changes included in this fourth interim final rule have 
addressed earlier concerns with the 232 exclusions process. 
Specifically, Commerce encourages comments on these 232 exclusions 
process changes and on which features are an improvement and comments 
highlighting any areas of concern or suggestions for improvement.
    Commerce will continue to make improvements to the 232 exclusions 
process, including improvements based on comments received on this 
rule, and parties will be notified of any additional changes to the 232 
exclusions process and of any new features to the 232 Exclusions 
Portal.

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. Pursuant to Proclamations 9704 
and 9705 of March 8, 2018, and Proclamations 9776 and 9777 of August 
29, 2018, the establishment of procedures for an exclusions process 
under each Proclamation shall be published in the

[[Page 81072]]

Federal Register and are exempt from Executive Order 13771.
    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.
    This final regulation involves four collections currently approved 
by OMB with the following control numbers
     Exclusions from the Section 232 National Security 
Adjustments of Imports of Steel and Aluminum (control number 0694-
0139).
     Objections from the Section 232 National Security 
Adjustments of Imports of Steel and Aluminum (control number 0694-
0138).
     Procedures for Submitting Rebuttals and Surrebuttals 
Requests for Exclusions from and Objections to the Section 232 
Adjustments for Steel and Aluminum (OMB control number 0694-0141).
     Procedures for Submitting Requests for Expedited Relief 
from Quantitative Limits--Existing Contract: Section 232 National 
Security Investigations of Steel Imports (OMB control number 0694-
0140).
    This rule is expected to reduce the burden hours for one of the 
collections associated with this rule, OMB control number 0694-0139. 
This reduction is expected because of the addition of 108 GAEs for 
steel and 15 GAEs for aluminum, which is expected to result in a 
decrease of 5,000 exclusion request per year. This is expected to be a 
reduction in 5,000 burden hours for a total savings of 740,000 dollars 
to the public. This is also expected to be a reduction in 30,000 burden 
hours for a total savings of 1,170,000 dollars to the U.S. Government. 
The steel and aluminum articles that have been identified as being 
eligible for GAEs have typically not received any objections, so the 
addition of these new GAEs is not estimated to result in a decrease in 
the number of objections, rebuttals, or surrebuttals received by BIS. 
This rule is not expected to increase the burden hours for two of the 
collections associated with this rule, OMB control numbers 0694-0138, 
0694-0141 as minimal changes are anticipated. BIS is making a change to 
the collection for OMB control number 0694-0140 to account for 
certification that needs to be made in the 232 Exclusions Portal under 
paragraph (c)(5)(ii). Any comments regarding the collection of 
information associated with this rule, including suggestions for 
reducing the burden, may be sent to https://www.reginfo.gov/public/do/PRAMain.
    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 an effective process by which affected 
domestic parties can obtain exclusion requests ``based upon specific 
national security considerations.'' Commerce started this process with 
the publication of the March 19 rule and refined the process with the 
publication of the September 11 and June 10 rules and is continuing 
this process with the publication of today's interim final rule. The 
revisions to the exclusion request process are informed by the comments 
received in response to the March 19 rule and Commerce's experience 
with managing the 232 exclusions process. Commenters on the past rules 
(March 19, September 11 and June 10 rules) were generally supportive 
and welcomed the idea of creating an exclusion process, but most of the 
commenters believe the exclusion process, although improving over time, 
still could be significantly improved in order for it to achieve the 
intended purpose. The commenters identified a number of areas where 
transparency, effectiveness, and fairness of the process could be 
improved. Commerce understands the importance of having a transparent, 
fair, and efficient product exclusion request process, consistent with 
the directive provided by the President to create this type of process 
to mitigate any unintended consequences of imposing the tariffs on 
steel and aluminum in order to protect critical U.S. national security 
interests. The publication of today's rule should make further 
improvements in all three respects, but because of the scope of this 
new process, BIS is publishing today's rule as an interim final rule 
with a request for comments.
    In addition, Commerce 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 that 
there is good cause 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 that 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. The Presidential 
Proclamations further directed the Secretary to, within ten days, issue 
procedures for submitting and granting these requests for exclusions--
this interim final rule fulfills that direction. As described above, 
the Secretary complied with the direction from the President with the 
publication of the March 19 rule, as well as in the improvements made 
in the September 11 and June 10 rules, and is taking the next step in 
improving the 232 exclusions process by making needed changes with the 
publication of today's rule. The immediate implementation of an 
effective exclusion request process, consistent with the intent of the 
Presidential Proclamations, also required creating a process to allow 
any individual or organization in the United States to submit 
objections to submitted exclusion requests. The objection process was 
created with the publication of the March 19 rule, and the rebuttal and 
surrebuttal process was added in the publication of the September 11 
rule to further improve the 232 exclusions process. The publication of 
today's rule makes needed changes in the 232 exclusions process to 
create the type of fair, transparent, and efficient process that

[[Page 81073]]

was intended in the March 19, September 11 and June 10 rules, but was 
still found lacking by commenters in several key respects. Today's rule 
makes critical changes to ensure a fair, transparent, and efficient 
exclusion process.
    If this interim final rule were to be delayed to allow for public 
comment or to provide for a thirty day delay in the date of 
effectiveness, companies in the United States would be unable to 
immediately benefit from the improvements made in the exclusion, 
objection, rebuttal, and surrebuttal process and could face significant 
economic hardship, which could potentially create a detrimental effect 
on the general U.S. economy. Whether they were supportive of tariffs or 
against tariffs, the comments received on the March 19, September 11 
and June 10 rules were clear that an efficient exclusion request, 
objection, rebuttal, and surrebuttal process was needed, that the March 
19 rule had not sufficiently created such a process, and that, although 
substantial improvements were made with the publications of the 
September 11 and June 10 rules, additional improvements were needed. 
Commenters noted that, if specific improvements are not made, 
significant economic consequences could occur. Commenters also thought 
the inefficiencies of the process could undermine other critical U.S. 
national security interests. Likewise, our national security could be 
impacted if Commerce lacked adequate information to make a fair, 
transparent and efficient determination for all parties involved and to 
ensure the critical national security considerations are being 
protected.
    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, 
no regulatory flexibility analysis is required and none has been 
prepared.

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 
of 15 CFR chapter VII is amended as follows:

PART 705--EFFECT OF IMPORTED ARTICLES ON THE NATIONAL SECURITY

0
1. The authority citation for part 705 continues 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. Supplement No. 1 to part 705 is revised to read as follows:

Supplement No. 1 to Part 705--Requirements for Submissions Requesting 
Exclusions From the Adjustment of Imports of Aluminum and Steel Imposed 
Pursuant to Section 232 of the Trade Expansion Act of 1962, as Amended

    On March 8, 2018, the President issued Proclamations 9704 and 9705 
concurring with the findings of the January 11, 2018 reports of the 
Secretary of Commerce on the effects of imports of aluminum and steel 
mill articles (steel articles) on the national security and determining 
that adjusting aluminum and steel imports through the imposition of 
duties is necessary so that their imports will no longer threaten to 
impair the national security. Clause 3 of Proclamations 9704 and 9705 
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 at the request of 
directly affected parties located in the United States if the requested 
steel or aluminum article is 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. On August 29, 2018, the President issued Proclamation 
9776. Clause 1 of Proclamation 9776, authorizes the Secretary of 
Commerce, in consultation with the Secretary of State, the Secretary of 
the Treasury, the Secretary of Defense, the United States Trade 
Representative, the Assistant to the President for National Security 
Affairs, the Assistant to the President for Economic Policy, and such 
other senior Executive Branch officials as the Secretary deems 
appropriate, to provide relief from the applicable quantitative 
limitations set forth in Proclamation 9740 and Proclamation 9759 for 
steel articles and as set forth in Proclamation 9739 and 9758 for 
aluminum articles and their accompanying annexes, as amended, at the 
request of a directly affected party located in the United States for 
any steel or aluminum article determined by the Secretary to not be 
produced in the United States in a sufficient and reasonably available 
amount or of a satisfactory quality. The Secretary is also authorized 
to provide such relief based upon specific national security 
considerations.
    (a) Scope. This supplement specifies the requirements and process 
for how directly affected parties located in the United States may 
submit requests for exclusions from the duties and quantitative 
limitations imposed 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 for relief from the 
duties or quantitative limitations imposed by the President and the 
process for rebuttals to submitted objections and surrebuttals 
(collectively, ``232 submissions''). This supplement identifies the 
time periods for such submissions, the methods of submission, and the 
information that must be included in such submissions.
    (b) Required forms. The 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations) includes four web-
based forms that are to be used for submitting exclusion requests, 
objections to exclusion requests, rebuttals, and surrebuttals described 
in this supplement. On the 232 Exclusions Portal, each web-based form 
is available on the portal at the bottom of the preceding filing. For 
example, a party submitting an objection will access the objection form 
by scrolling to the bottom of the exclusion request, a rebuttal filer 
will access the rebuttal form by scrolling to the bottom of the 
objection form, and a surrebuttal filer would access the surrebuttal 
form by scrolling to the bottom of the rebuttal form. The U.S. 
Department of Commerce requires requesters and objectors to use the 
appropriate form as specified under paragraphs (b)(1) and (2) of this 
supplement for submitting exclusion requests and objections to 
submitted exclusion requests and the forms specified under paragraphs 
(b)(3) and (4) of this supplement for submitting rebuttals and 
surrebuttals. In addition, submitters of exclusion requests, objections 
to submitted exclusion requests, rebuttals, and surrebuttals to the 232 
Exclusions Portal will be required to complete a web-based registration 
on the 232 Exclusions Portal prior to submitting any

[[Page 81074]]

documents. In order to register, submitters will be required to provide 
an email and establish a password for the account. After completing the 
registration, submitters will be able to login to an account on the 232 
Exclusions Portal and submit exclusion requests, objections, rebuttals, 
and surrebuttal documents.
    (1) Form required for submitting exclusion requests. The full name 
of the form used for submitting steel exclusion requests is Request for 
Exclusion from Remedies: Section 232 National Security Investigation of 
Steel Imports. The full name of the form used for submitting aluminum 
exclusion requests is Request for Exclusion from Remedies: Section 232 
National Security Investigation of Aluminum Imports. The Title of the 
web-based fillable form for both steel and aluminum in the 232 
Exclusions Portal is Exclusion Request.
    (2) Form required for submitting objections to submitted exclusion 
requests. The name of the form used for submitting objections to 
submitted steel exclusion requests is Objection Filing to Posted 
Section 232 Exclusion Request: Steel. The name of the form used for 
submitting objections to submitted aluminum exclusion requests is 
Objection Filing to Posted Section 232 Exclusion Request: Aluminum. The 
Title of the web-based fillable form for both steel and aluminum in the 
232 Exclusions Portal is Objection.
    (3) Form required for submitting rebuttals. The name of the form 
used for submitting rebuttals to steel objections is Rebuttal to 
Objection Received for Section 232 Exclusion Request: Steel. The name 
of the form used for submitting rebuttals to aluminum objections is 
Rebuttal to Objection Received for Section 232 Exclusion Request: 
Aluminum. The Title of the web-based fillable form for both steel and 
aluminum in the 232 Exclusions Portal is Rebuttal.
    (4) Form required for submitting surrebuttals. The name of the form 
used for submitting surrebuttals to steel objections is Surrebuttal to 
Rebuttal Received on Section 232 Objection: Steel. The name of the form 
used for submitting surrebuttals to aluminum objections is Surrebuttal 
to Rebuttal Received on Section 232 Objection: Aluminum. The Title of 
the web-based fillable form for both steel and aluminum in the 232 
Exclusions Portal is Surrebuttal.

    Note to Paragraphs (b)(1) Through (4): On the 232 Exclusions 
Portal, each exclusion request is assigned a distinct ID #, which is 
also used with its associated 232 submissions, but preceded with an 
acronym indicating the file type: Exclusion Requests (ER ID #), 
Objection (OF ID #), Rebuttals (RB ID #) and Surrebuttals (SR ID #). 
For an example of the four possible types of 232 submissions 
associated with a single exclusion request, you could have ER ID 
237, OF ID 237, RB ID 237 and SR ID 237. The 232 Exclusions Portal 
will automatically assign the two letter designator depending on the 
type of web-based form being submitted in the portal and will assign 
an ID number to the original exclusion request and that ID number 
will be common to any objection, rebuttal, or surrebuttal submitted 
pertaining to the same exclusion request.

    (5) Public disclosure and information protected from public 
disclosure. (i) Information submitted in 232 submissions will be 
subject to public review and made available for public inspection and 
copying, except for the information described in paragraph (b)(5)(iii) 
of this supplement. Individuals and organizations must fully complete 
the relevant forms.
    (ii) Information not subject to public disclosure should not be 
submitted. 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 232 submissions. Individuals and organizations 
that have confidential business information (``CBI'') that they believe 
relevant to the Secretary's consideration of the 232 submission should 
so indicate in the appropriate field of the relevant form, or on the 
rebuttal or surrebuttal submission, following the procedures in 
paragraph (b)(5)(iii) of this supplement.
    (iii) Procedures for identifying, but not disclosing confidential 
or proprietary business information (CBI) in the public version, and 
procedures for submitting CBI. For persons seeking to submit 
confidential or proprietary business information (CBI), the 232 
submission available to the public must contain a summary of the CBI in 
sufficient detail to permit a reasonable understanding of the substance 
of the information. If the submitting person claims that summarization 
is not possible, the claim must be accompanied by a full explanation of 
the reasons supporting that claim. Generally, numerical data will be 
considered adequately summarized if grouped or presented in terms of 
indices or figures within ten percent of the actual figure. If an 
individual portion of the numerical data is voluminous (e.g., five 
pages of numerical data), at least one percent of the numerical data, 
representative of that portion, must be summarized. In order to submit 
CBI that is not for public release as a separate email submission to 
the U.S. Department of Commerce, you must follow the procedures in 
paragraphs (b)(3)(iii)(A)-(D) of this supplement to assist the U.S. 
Department of Commerce in identifying these submissions and associating 
these submissions with the respective 232 submission in the 232 
Exclusions Portal. Submitters with classified information should 
contact the U.S. Department of Commerce for instructions on the 
appropriate methods to send this type of information.
    (A) For CBI related to exclusion requests or objections, check the 
appropriate box in the 232 Exclusions Portal indicating that the filer 
has relevant CBI for consideration. If Commerce determines after review 
that the CBI is needed, Commerce will directly request the CBI from the 
exclusion requester or objector as warranted.
    (B) For CBI related to rebuttals or surrebuttals, on the same day 
that you submit your 232 submission in the 232 Exclusions Portal, 
submit the CBI via email to the U.S. Department of Commerce. The email 
address used is different depending on the type of submission the 
emailed CBI is for, as follows: CBI for rebuttals use 
[email protected]; and CBI for surrebuttals use 
[email protected].
    (C) For rebuttals and surrebuttals pertaining to 232 submissions 
for exclusion requests the email subject line must only include the 
original 232 Exclusions Portal Exclusion Request (ER) ID # and the body 
of the email must include the 232 Exclusions Portal Rebuttal (RB) ID #, 
or Surrebuttal (SR) ID # you received from the 232 Exclusions Portal 
when you successfully submitted your rebuttal or surrebuttal. These 
naming conventions used in the 232 Exclusions Portal, respectively, 
will assist the U.S. Department of Commerce to associate the CBI that 
will not be posted in the 232 Exclusions Portal with the information 
included in the public submission.
    (D) Submit the CBI as an attachment to that email. The CBI is 
limited to a maximum of five pages per rebuttal or surrebuttal. The 
email is to be limited to sending your CBI. All other information for 
the public submission, and public versions of the CBI, where 
appropriate, for a 232 submission in the 232

[[Page 81075]]

Exclusions Portal following the procedures identified in this 
supplement, as appropriate.

    Note 1 to Paragraph (b) for Submissions of Supporting Documents 
(Attachments): Supporting attachments must be emailed as PDF 
documents.


    Note 2 to Paragraph (b): It is a criminal offense to willfully 
make a false statement or representation to any department or agency 
of the United States Government as to any matter within its 
jurisdiction [18 U.S.C. 1001(2018)].

    (c) Exclusion requests. (1) Who may submit an exclusion request? 
Only directly affected individuals or organizations located in the 
United States may submit an exclusion request. An individual or 
organization is ``directly affected'' if they are using steel in 
business activities (e.g., construction, manufacturing, or supplying 
steel product to users) in the United States.
    (2) Identification of exclusion requests. Separate exclusion 
requests must be submitted for steel products with chemistry by 
percentage breakdown by weight, metallurgical properties, surface 
quality (e.g., galvanized, coated), and critical dimensions covered by 
a common HTSUS statistical reporting number. Separate exclusion 
requests must be submitted for aluminum products with critical 
dimensions covered by a common HTSUS statistical reporting number. The 
exclusion request forms allow for minimum and maximum dimensions. A 
permissible range must be within the minimum and maximum range that is 
specified in the HTSUS statistical reporting number and applicable 
notes. Separate exclusion requests must also be submitted for products 
falling in more than one ten-digit HTSUS statistical reporting number. 
The U.S. Department of Commerce 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 directly-affected 
individuals or organizations located in the United States 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 request under this supplement. These additional exclusion 
requests by other directly-affected individuals or organizations in the 
United States are not required to reference the previously approved 
exclusion but are advised to do so, if they want Commerce to take that 
exclusion into account when reviewing a subsequent exclusion request. 
Directly affected 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 submitted directly on the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations).
    (4) No time limit for submitting exclusion requests. Exclusion 
requests may be submitted at any time.
    (5)(i) Substance of exclusion requests. An exclusion request must 
specify the business activities in the United States within which the 
requester is engaged that qualify the individual or organization to be 
directly affected and thus eligible 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, 
reasonably available amount, and of a satisfactory quality, or for 
specific national security considerations.
    (ii) Certification for volume requested. In order to ensure that 
the volume requested in an exclusion request is consistent with 
legitimate business needs for the same steel or aluminum articles 
obtained (i.e., imported from abroad either directly by the requester 
or indirectly by purchasing from distributors) by the entity requesting 
an exclusion, the following certification in paragraphs (c)(5)(ii)(A)-
(E) must be acknowledged in the 232 Exclusions Portal when completing 
the submission of a 232 exclusion request. The exclusion request 
certification for volume requested must be signed by an organization 
official specifically authorized to certify the document (the 
certification being made in the 232 Exclusions Portal) as being 
accurate and complete. The undersigned certifies in the 232 Exclusions 
Portal that the information herein supplied in response to this 
paragraph is complete and correct to the best of his/her knowledge. By 
signing the certification below, I attest that:
    (A) My organization intends to manufacture, process, or otherwise 
transform the imported product for which I have filed an exclusion 
request or I have a purchase order or orders for such products;
    (B) My organization does not intend to use the exclusion for which 
I have filed an exclusion request, if granted, solely to hedge or 
arbitrage the price;
    (C) My organization expects to consume, sell, or otherwise use the 
total volume of product across all my active exclusions and pending 
exclusion requests in the course of my organization's business 
activities within the next calendar year;
    (D) If my organization is submitting an exclusion request for a 
product for which we previously received an exclusion, I certify that 
my organization either imported the full amount of our approved 
exclusion(s) last year or intended to import the full amount but could 
not due to one of the following reasons:
    (1) Loss of contract(s);
    (2) Unanticipated business downturns; or
    (3) Other factors that were beyond my organization's control that 
directly resulted in less need for steel or aluminum articles; and
    (E) I certify that the exclusion amount requested this year is in 
line with what my organization expects to import based on our current 
business outlook. If requested by the Department of Commerce, my 
organization shall provide documentation that justifies its assertions 
in this certification regarding its past imports of steel or aluminum 
articles and its projections for the current year, as it relates to 
past and current calendar year exclusion requests.

    Note to Paragraphs (c)(5)(i) and (ii): Any exclusion request 
that does not include a certification made in accordance with 
(c)(5)(ii) will be treated as an incomplete submission and will 
therefore be rejected.

    (6) Criteria used to review exclusion requests. The U.S. Department 
of Commerce will review each exclusion request to determine whether an 
article described in an exclusion request meets any of the following 
three criteria: The article is not produced in the United States in an 
amount which can be delivered in a time period equal to or less than 
the time needed for the requester to obtain the product from their 
foreign supplier, is not produced in the United States in a 
satisfactory quality, or for specific national security considerations. 
The reviews will be made on a case-by-case basis to determine whether 
the requester has shown that the article is not produced in the United 
States in sufficient and reasonably available amount or of a 
satisfactory quality, or that there are specific national security 
considerations to grant the exclusion. To provide

[[Page 81076]]

additional context on the meaning and application of the criteria, 
paragraphs (c)(6)(i)-(iii) of this supplement define keys terms used in 
the review criteria and provide illustrative application examples. The 
U.S. Department of Commerce will use the same criteria identified in 
paragraphs (c)(6)(i)-(iii) of this supplement when determining whether 
it is warranted to approve broader product-based exclusions based on 
trends the Department may see over time with 232 submissions. The 
public is not permitted to request broader product-based exclusions 
that would apply to all importers, because the Department makes these 
determinations over time by evaluating the macro trends in 232 
submissions. Items for which a broader determination has been made will 
be identified in supplements no. 2 or 3 to part 705.
    (i) Not produced in the United States in a sufficient and 
reasonably available amount. The exclusion review criterion ``Not 
produced in the United States in a sufficient and reasonably available 
amount'' means that the amount that is needed by the end user 
requesting the exclusion is not available immediately in the United 
States to meet its specified business activities. Available 
``immediately'' means that a product (whether it is currently being 
produced in the United States, or could be produced in the United 
States) can be delivered by a U.S. producer ``within eight weeks'', or, 
if that is not possible, by a date earlier than the time required for 
the requester to obtain the entire quantity of the product from the 
requester's foreign supplier. Furthermore, to the extent that an 
objector can produce and deliver a portion, which is less than 100 
percent, but ten percent or more, of the amount of steel or aluminum 
needed in the business activities of the user in the United States 
described in the exclusion request, the Department of Commerce may deny 
a requested exclusion for that percentage of imported steel or 
aluminum. It is incumbent upon both the exclusion requester, and 
objecting producers, to provide supplemental evidence supporting their 
claimed delivery times.
    (ii) Not produced in the United States in a satisfactory quality. 
The exclusion review criterion ``not produced in the United States in a 
satisfactory quality'' does not mean the steel or aluminum needs to be 
identical, but it does need to be equivalent as a substitute product. 
``Substitute product'' for purposes of this review criterion means that 
the steel or aluminum being produced by an objector can meet 
``immediately'' (see paragraph (c)(6)(i) of this supplement) the 
quality (e.g., industry specs or internal company quality controls or 
standards), regulatory, or testing standards, in order for the U.S.-
produced steel to be used in that business activity in the United 
States by that end user.
    (A) Steel application examples. For a steel example, if a U.S. 
business activity requires that steel plates to be provided must meet 
certain military testing and military specification standards in order 
to be used in military combat vehicles, that requirement would be taken 
into account when reviewing the exclusion request and any objections, 
rebuttals, and surrebuttals submitted. As another steel example, if a 
U.S. business activity requires that steel tubing to be provided must 
meet certain Food and Drug Administration (FDA) approvals to be used in 
medical devices, that requirement would be taken into account when 
reviewing the exclusion request and any objections, rebuttals, and 
surrebuttals submitted. Another steel example would be a food 
manufacturer that requires tin-plate approval from the U.S. Department 
of Agriculture (USDA) to make any changes in the tin-plate it uses to 
make cans for fruit juices. An objector would not have to make steel 
for use in making the cans that was identical, but it would have to be 
a ``substitute product,'' meaning it could meet the USDA certification 
standards.
    (B) Aluminum application examples. For an aluminum example, if a 
U.S. business activity requires that aluminum to be provided must meet 
certain military testing and military specification standards in order 
to be used in military aircraft, that requirement would be taken into 
account when reviewing the exclusion request and any objections, 
rebuttals, and surrebuttals submitted. Another aluminum example would 
be a U.S. pharmaceutical manufacturer that requires approval from the 
Food and Drug Administration (FDA) to make any changes in its aluminum 
product pill bottle covers. An objector would not have to make aluminum 
for use in making the product covers that was identical, but it would 
have to be a ``substitute product,'' meaning it could meet the FDA 
certification standards.
    (iii) For specific national security considerations. The exclusion 
review criterion ``or for specific national security considerations'' 
is intended to allow the U.S. Department of Commerce, in consultation 
with other parts of the U.S. Government as warranted, to make 
determinations whether a particular exclusion request should be 
approved based on specific national security considerations.
    (A) Steel application examples. For example, if the steel included 
in an exclusion request is needed by a U.S. defense contractor for 
making critical items for use in a military weapons platform for the 
U.S. Department of Defense, and the duty or quantitative limitation 
will prevent the military weapons platform from being produced, the 
exclusion will likely be granted. The U.S. Department of Commerce, in 
consultation with the other parts of the U.S. Government as warranted, 
can consider other impacts to U.S. national security that may result 
from not approving an exclusion, e.g., the unintended impacts that may 
occur in other downstream industries using steel, but in such cases the 
demonstrated concern with U.S. national security would need to be 
tangible and clearly explained and ultimately determined by the U.S. 
Government.
    (B) Aluminum application examples. For example, if the aluminum 
included in an exclusion request is needed by a U.S. defense contractor 
for making critical items for use in a military weapons platform for 
the U.S. Department of Defense, and the duty or quantitative limitation 
will prevent the military weapons platform from being produced, the 
exclusion will likely be granted. The U.S. Department of Commerce, in 
consultation with the other parts of the U.S. Government as warranted, 
can consider other impacts to U.S. national security that may result 
from not approving an exclusion, e.g., the unintended impacts that may 
occur in other downstream industries using aluminum, but in such cases 
the demonstrated concern with U.S. national security would need to be 
tangible and clearly explained and ultimately determined by the U.S. 
Government.
    (d) Objections to submitted exclusion requests. (1) Who may submit 
an objection to a submitted exclusion request? Any individual or 
organization that manufactures steel or aluminum articles in the United 
States may file objections to steel exclusion requests, but the U.S. 
Department of Commerce 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 the objection in 
response to the request directly in the 232 Exclusions Portal. Once the 
relevant exclusion request has

[[Page 81077]]

been located, an individual or organization that would like to submit 
an objection will access the objection form by scrolling to the bottom 
of the exclusion request form and then fill out the web-based form for 
submitting their objection to the exclusion request in the 232 
Exclusions Portal (https://www.commerce.gov/page/section-232-investigations).
    (3) Time limit for submitting objections to submitted exclusions 
requests. All objections to submitted exclusion requests must be 
submitted directly on the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations) no later than 30 days 
after the related exclusion request is posted, with the 30-day clock 
starting at 11:59 p.m. Eastern Time on the calendar day an 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. If the objector is asserting that it is not 
currently producing the steel or aluminum identified in an exclusion 
request but can produce the steel or aluminum and make that steel or 
aluminum available ``immediately'' in accordance with the time required 
for the user of steel or aluminum in the United States to obtain the 
product from its foreign suppliers, the objector must identify how it 
will be able to produce and deliver the quantity of steel or aluminum 
needed either within eight weeks, or if after eight weeks, by a date 
which is earlier than the named foreign supplier would deliver the 
entire quantity of the requested product. It is incumbent on both the 
exclusion requester, and objecting producers, to provide supplemental 
evidence supporting their claimed delivery times. This requirement 
includes specifying in writing to Department of Commerce as part of the 
objection, the timeline the objector anticipates in order to start or 
restart production of the steel included in the exclusion request to 
which it is objecting. For example, a summary timeline that specifies 
the steps that will occur over the weeks needed to produce that steel 
or aluminum would be helpful to include, not only for the Department of 
Commerce review of the objection, but also for the requester of the 
exclusion and its determination whether to file a rebuttal to the 
objection. The U.S. Department of Commerce understands that, in certain 
cases, regulatory approvals, such as from the Environmental Protection 
Agency (EPA) or some approvals at the state or local level, may be 
required to start or restart production and that some of these types of 
approvals may be outside the control of an objector.
    (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 5,000 words, inclusive of all exhibits and attachments, 
but exclusive of the respective forms and any CBI provided to the U.S. 
Department of Commerce. Each attachment to a submission must be less 
than 10 MB.
    (f) Rebuttal process. Only individuals or organizations that have 
submitted an exclusion request pursuant to this supplement may submit a 
rebuttal to any objection(s) posted in the 232 Exclusions Portal 
(https://www.commerce.gov/page/section-232-investigations). The 
objections to submitted exclusion requests process identified under 
paragraph (d) of this supplement already establish a formal response 
process for steel and aluminum manufacturers in the United States.
    (1) Identification of rebuttals. When submitting a rebuttal, the 
individual or organization that submitted the exclusion request will 
access the rebuttal form by scrolling to the bottom of the objection 
form and then filling out the web-based form for submitting their 
rebuttal to the objection in the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations).
    (2) Format and size limitations for rebuttals. Similar to the 
exclusions process identified under paragraph (c) of this supplement 
and the objection process identified under paragraph (d) of this 
supplement, the rebuttal process requires the submission of a 
government form as specified in paragraph (b)(3) of this supplement. 
Each rebuttal is to be limited to a maximum of 2,500 words, inclusive 
of all exhibits and attachments, but exclusive of the rebuttal form and 
any CBI provided to the U.S. Department of Commerce. Each attachment to 
a submission must be less than 10 MB.
    (3) Substance of rebuttals. Rebuttals must address an objection to 
the exclusion request made by the requester. If multiple objections 
were received on a particular exclusion, the requester may submit a 
rebuttal to each objector. The most effective rebuttals will be those 
that aim to correct factual errors or misunderstandings in the 
objection(s).
    (4) Time limit for submitting rebuttals. The rebuttal period begins 
on the date the Department opens the rebuttal period after the posting 
of the last objection in the 232 Exclusions Portal. The rebuttal period 
ends seven days after the rebuttal comment period is opened. This 
seven-day rebuttal period allows for the individual or organization 
that submitted an exclusion request pursuant to this supplement to 
submit any written rebuttals that it believes are warranted.
    (g) Surrebuttal process. Only individuals or organizations that 
have a posted objection to a submitted exclusion request pursuant to 
this supplement may submit a surrebuttal to a rebuttal (see paragraph 
(f) of this supplement) posted to their objection to an exclusion 
request in the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations).
    (1) Identification of surrebuttals. When submitting a surrebuttal, 
the individual or organization that submitted the objection will access 
the surrebuttal form by scrolling to the bottom of the rebuttal form 
and then filling out the web-based form for submitting their 
surrebuttal to the rebuttal in the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations).
    (2) Format and size limitations for surrebuttals. Similar to the 
exclusions process identified under paragraph (c) of this supplement, 
the objection process identified under paragraph (d) of this 
supplement, and the rebuttal process identified under paragraph (f) of 
this supplement, the surrebuttal process requires the submission of a 
government form as specified in paragraph (b)(4) of this supplement. 
The surrebuttal must be submitted in the 232 Exclusions Portal. Each 
surrebuttal is to be limited to a maximum of 2,500 words, inclusive of 
all exhibits and attachments, but exclusive of the surrebuttal form and 
any CBI provided to the U.S. Department of Commerce. Each attachment to 
a submission must be less than 10 MB.
    (3) Substance of surrebuttals. Surrebuttals must address a rebuttal 
to an objection to the exclusion request made by the requester. The 
most effective surrebuttals will be those that aim to correct factual 
errors or misunderstandings in the rebuttal to an objection.
    (4) Time limit for submitting surrebuttals. The surrebuttal period 
begins on the date the Department opens the surrebuttal comment period 
after the posting of the last rebuttal to an objection to an exclusion 
request in

[[Page 81078]]

the 232 Exclusions Portal. The surrebuttal period ends seven days after 
the surrebuttal comment period is opened. This seven-day surrebuttal 
period allows for the individual or organization that submitted an 
objection to a submitted exclusion request pursuant to this supplement 
to submit any written surrebuttals that it believes are warranted to 
respond to a rebuttal.
    (h) Disposition of 232 submissions--(1) Disposition of incomplete 
submissions. (i) Exclusion requests that do not satisfy the 
requirements specified in paragraphs (b) and (c) of this supplement 
will be rejected.
    (ii) Objection filings that do not satisfy the requirements 
specified in paragraphs (b) and (d) will not be considered.
    (iii) Rebuttal filings that do not satisfy the requirements 
specified in paragraphs (b) and (f) will not be considered.
    (iv) Surrebuttal filings that do not satisfy the requirements 
specified in paragraphs (b) and (g) will not be considered.
    (2) Disposition of complete submissions--(i) Posting of responses 
in the 232 Exclusions Portal. The U.S. Department of Commerce will post 
responses (decision memos) in the 232 Exclusions Portal to each 
exclusion request. The U.S. Department of Commerce response to an 
exclusion request will also be responsive to any of the objection(s), 
rebuttal(s) and surrebuttal(s) for that submitted exclusion request 
submitted through the 232 Exclusions Portal.
    (ii) Streamlined review process for ``No Objection'' requests. The 
U.S. Department of Commerce will grant properly filed exclusion 
requests which meet the requisite criteria, receive no objections, and 
present no national security concerns. If an exclusion request's 30-day 
comment period in the 232 Exclusions Portal has expired and no 
objections have been submitted, BIS will immediately assess the request 
for any national security concerns. If BIS identifies no national 
security concerns, it will post a decision granting the exclusion 
request in the 232 Exclusions Portal.
    (iii) Effective date for approved exclusions and date used for 
calculating duty refunds--(A) Effective date for approved exclusions. 
Approved exclusions will be effective five business days after 
publication of the U.S. Department of Commerce response granting an 
exclusion in the 232 Exclusions Portal. 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. Companies are able 
to receive retroactive relief on granted requests dating back to the 
date of the request's submission on unliquidated entries.
    (B) Contact for obtaining duty refunds. The U.S. Department of 
Commerce does not provide refunds on tariffs. Any questions on the 
refund of duties should be directed to CBP.
    (iv) Validity period for exclusion requests. Exclusions will 
generally be approved for one year from the date of the signature on 
the decision memo, but may be valid for shorter or longer than one year 
depending on the specifics of the exclusion request; any objections 
filed; and analysis by the U.S. Department of Commerce and other parts 
of the U.S. Government, as warranted, of the current supply and demand 
in the United States, including any limitations or other factors that 
the Department determines should be considered in order to achieve the 
national security objectives of the duties and quantitative 
limitations.
    (A) Examples of what fact patterns may warrant a longer exclusion 
validity period. Individuals or organizations submitting exclusion 
requests or objections may, and are encouraged to specify how long they 
believe an exclusion may be warranted and specify the rationale for 
that recommended time period. For example, an individual or 
organization submitting an exclusion request may request a longer 
validity period if there are factors outside of their control that may 
make it warranted to grant a longer period. These factors may include 
regulatory requirements that make a longer validity period justified, 
e.g., for an aircraft manufacturer that would require a certain number 
of years to make a change to an FAA-approved type certificate or for a 
manufacturer of medical items to obtain FDA approval. Business 
considerations, such as the need for a multi-year contract for steel 
with strict delivery schedules in order to complete a significant U.S. 
project by an established deadline, e.g., a large scale oil and gas 
exploration project, is another illustrative example of the types of 
considerations that a person submitting an exclusion request may 
reference.
    (B) Examples of what criteria may warrant a shorter exclusion 
validity period. Objectors are encouraged to provide their suggestions 
for how long they believe an appropriate validity period should be for 
an exclusion request. In certain cases, this may be an objector 
indicating it has committed to adding new capacity that will be coming 
online within six months, so a shorter six-month period is warranted. 
Conversely, if an objector knows it will take two years to obtain 
appropriate regulatory approvals, financing and/or completing 
construction to add new capacity, the objector may, in responding to an 
exclusion that requests a longer validity period, e.g., three years, 
indicate that although they agree a longer validity period than one 
year may be warranted in this case, that two years is sufficient.
    (C) None of the illustrative fact patterns identified in paragraphs 
(h)(2)(iv)(A) or (B) of this supplement will be determinative in and of 
themselves for establishing the appropriate validity period, but this 
type of information is helpful for the U.S. Department of Commerce to 
receive, when warranted, to help determine the appropriate validity 
period if a period other than one year is requested.
    (3) Review period and implementation of any needed conforming 
changes--(i) Review period. The review period normally will not exceed 
106 days for requests that receive objections, including adjudication 
of objections submitted on exclusion requests and any rebuttals to 
objections, and surrebuttals. The estimated 106-day period begins on 
the day the exclusion request is posted in the 232 Exclusions Portal, 
and ends once a decision to grant or deny is made on the exclusion 
request.
    (ii) Coordination with other agencies on approval and 
implementation. Other agencies of the U.S. Government, such as CBP, 
will take any additional steps needed to implement an approved 
exclusion request. These additional steps needed to implement an 
approved exclusion request are not part of the review criteria used by 
the U.S. Department of Commerce to determine whether to approve an 
exclusion request, but are an important component in ensuring the 
approved exclusion request can be properly implemented. 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.

[[Page 81079]]

    (i) For further information. If you have questions on this 
supplement, you may contact the Director, Industrial Studies, Office of 
Technology Evaluation, Bureau of Industry and Security, U.S. Department 
of Commerce, at (202) 482-5642 or [email protected] regarding steel 
exclusion requests, or at (202) 482-4757 or [email protected] 
regarding aluminum exclusion requests. The U.S. Department of Commerce 
website includes FAQs, best practices other companies have used for 
submitting exclusion requests and objections, and helpful checklists. 
The U.S. Department of Commerce has also included a manual providing 
instruction on the 232 Exclusions Portal for exclusion requests 
submitted on or after June 13, 2019, titled 232 Exclusions Portal 
Comprehensive Guide (``232 Exclusions Guide'') and posted online at 
(https://www.commerce.gov/page/section-232-investigations) to assist 
your understanding when making 232 submissions in the 232 Exclusions 
Portal.

0
3. Effective December 29, 2020 Supplement No. 2 to part 705 is revised 
to read as follows:

Supplement No. 2 to Part 705--General Approved Exclusions (GAEs) for 
Steel Articles Under the 232 Exclusions Process

    This supplement identifies steel articles that have been approved 
for import under a General Approved Exclusion (GAE). 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, makes these 
determinations that certain steel articles may be authorized under a 
GAE consistent with the objectives of the 232 Exclusions Process as 
outlined in supplement no. 1 to this part. The GAEs described in this 
supplement may be used by any importer. GAEs do not include quantity 
limits. Each GAE identifier will be effective fifteen calendar days 
after publication of a Federal Register notice either adding or 
revising a specific GAE identifier. There is no retroactive relief for 
GAEs. Relief is only available to steel articles that are entered for 
consumption, or withdrawn from warehouse for consumption, on or after 
the effective date of a GAE included in supplement no. 2 to this part. 
In order to use a GAE, the importer must include the GAE identifier in 
the Automated Commercial Environment (ACE) system that corresponds to 
the steel articles being imported. These GAEs are indefinite in length, 
but the Department of Commerce on behalf of the Secretary of Commerce 
may at any time issue a Federal Register notice removing, revising or 
adding to an existing GAE in this supplement as warranted to align with 
the objectives of the 232 exclusions process as described in supplement 
no. 1 to this part. The Department of Commerce on behalf of the 
Secretary of Commerce may periodically publish notices of inquiry in 
the Federal Register soliciting public comments on potential removals, 
revisions or additions to this supplement.

----------------------------------------------------------------------------------------------------------------
                                          Description of steel that
                                           may be imported (at 10-         Other
                                           digit harmonized tariff      limitations
                                           schedule of the United     (e.g., country
             GAE identifier              States (HTSUS) statistical    of import or    Federal Register citation
                                          reporting number or more       quantity
                                             narrowly defined at         allowed)
                                               product level)
----------------------------------------------------------------------------------------------------------------
GAE.1.S: 7304592030....................  7304592030. TUBES/PIPES/    ................  85 FR [INSERT FR PAGE
                                          HLLW PRFLS OTH ALLOY STL,                     NUMBER AND 12/14/2020].
                                          SMLESS, CIRC CS, NOT COLD-
                                          TRTD, SUITABLE FOR
                                          BOILERS ETC, HEAT-
                                          RESISTING STL.
GAE.2.S: 7304592080....................  7304592080. TUBES/PIPES/H   ................  85 FR [INSERT FR PAGE
                                          PRFLS ALLOY STL, SMLSS,                       NUMBER AND 12/14/2020].
                                          CIRC CS, NOT COLD-TRTD,
                                          SUIT FOR BOILERS ETC, NOT
                                          HT-RSST STL, OS DIAM
                                          >406.4MM.
GAE.3.S: 7220900060....................  7220900060. OTHER FLAT-     ................  85 FR [INSERT FR PAGE
                                          ROLLED STAINLESS STL,                         NUMBER AND 12/14/2020].
                                          WDTH <600MM, FURTH WRKD
                                          THAN COLD-RLD, /=24% NICKEL, <15%
                                          CHROMIUM.
GAE.4.S: 7222406000....................  7222406000. ANGLES SHAPES   ................  85 FR [INSERT FR PAGE
                                          AND SECTIONS STAINLESS                        NUMBER AND 12/14/2020].
                                          STEEL, OTHER THAN HOT
                                          ROLLED, NOT DRILLED, NOT
                                          PUNCHED, AND NOT
                                          OTHERWISE ADVANCED.
GAE.5.S: 7306901000....................  7306901000. OTH TUBES/      ................  85 FR [INSERT FR PAGE
                                          PIPES/HOLLOW PROFILES                         NUMBER AND 12/14/2020].
                                          IRON/NONALLOY STL,
                                          RIVETED/SIMILARLY CLOSED
                                          (NOT WELDED).
GAE.6.S: 7212600000....................  7212600000. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, WDTH                       NUMBER AND 12/14/2020].
                                          <600MM, CLAD.
GAE.7.S: 7227901060....................  7227901060. BARS/RODS TOOL  ................  85 FR [INSERT FR PAGE
                                          STL (NOT HIGH-SPEED), HOT-                    NUMBER AND 12/14/2020].
                                          RLD, IRR COILS, NOT
                                          TEMPRD/TREATD/PARTLY
                                          MFTD, NOT BALL BEARING
                                          STEEL.
GAE.8.S: 7220207060....................  7220207060. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH                           NUMBER AND 12/14/2020].
                                          <300MM, COLD-RLD,
                                          THICKNESS >0.25MM BUT 0.6%
                                          CARBON, NOT HEAT-TREATED,
                                          DIAM <1.0MM.
GAE.12.S: 7226923060...................  7226923060. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          OTH ALLOY STL, WDTH                           NUMBER AND 12/14/2020].
                                          <300MM, COLD-RLD, TOOL
                                          STEEL OTH THAN HIGH-
                                          SPEED, OTHER THAN BALL-
                                          BEARING STEEL.
GAE.13.S: 7229905016...................  7229905016. ROUND WIRE      ................  85 FR [INSERT FR PAGE
                                          OTHER ALLOY STL, DIAM                         NUMBER AND 12/14/2020].
                                          <1.0MM.
GAE.14.S: 7215500018...................  7215500018. OTHER BARS/     ................  85 FR [INSERT FR PAGE
                                          RODS IRON/NONALLOY STL,                       NUMBER AND 12/14/2020].
                                          COLD-FORMED/FINISHED, NOT
                                          COILS, <0.25% CARBON,
                                          DIAMETER OR CROSS-SECTN >/
                                          =76MM BUT <228MM.
GAE.15.S: 7304598060...................  7304598060. TUBES/PIPES/    ................  85 FR [INSERT FR PAGE
                                          HLLW PRFLS OTH ALLOY STL,                     NUMBER AND 12/14/2020].
                                          SMLESS, CIRC CS, NOT CLD-
                                          TRTD, OS DIAMETER
                                          >285.8MM BUT <406.4MM,
                                          WALL THK<12.7MM.

[[Page 81080]]

 
GAE.16.S: 7228501040...................  7228501040. OTHER BARS/     ................  85 FR [INSERT FR PAGE
                                          RODS TOOL STL (NOT HIGH-                      NUMBER AND 12/14/2020].
                                          SPEED), COLD-FRMD/FNSHD,
                                          MAX CS <18MM, OTHER THAN
                                          OF ROUND OR RECTANGULAR
                                          CROSS SECTION WITH
                                          SURFACES GROUND, MILLED,
                                          OR POLISHED.
GAE.17.S: 7304246030...................  7304246030. TUBING (OIL/    ................  85 FR [INSERT FR PAGE
                                          GAS DRILLING) STAINLESS                       NUMBER AND 12/14/2020].
                                          STL, SEAMLESS, OUTSIDE
                                          DIAM 9.5 MM.
GAE.18.S: 7229905031...................  7229905031. ROUND WIRE      ................  85 FR [INSERT FR PAGE
                                          OTHER ALLOY STL, WITH                         NUMBER AND 12/14/2020].
                                          DIAMETER >/=1.0MM BUT
                                          <1.5MM.
GAE.19.S: 7304598010...................  7304598010. TUBES/PIPES/    ................  85 FR [INSERT FR PAGE
                                          HOLLOW PROFILES OTH ALLOY                     NUMBER AND 12/14/2020].
                                          STL, SEAMLESS, CIRC CS,
                                          NOT COLD-TREATED, NOT
                                          HEAT-RESISTANT, OUTSIDE
                                          DIAM <38.1MM.
GAE.20.S: 7219310010...................  7219310010. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH >/                        NUMBER AND 12/14/2020].
                                          =600MM, COLD-RLD, THK >/
                                          =4.75MM, COILS.
GAE.21.S: 7304598045...................  7304598045. TUBES/PIPES/    ................  85 FR [INSERT FR PAGE
                                          HLLW PRFLS OTH ALLOY STL,                     NUMBER AND 12/14/2020].
                                          SMLESS, CIRC CS, NOT CLD-
                                          TRTD, NOT HEAT-RESISTANT,
                                          OS DIAMETER >190.5MM BUT
                                          <285.8MM, WALL THK<12.7MM.
GAE.22.S: 7306401090...................  7306401090. OTH TUBES/      ................  85 FR [INSERT FR PAGE
                                          PIPES/HOLLOW PRFLS                            NUMBER AND 12/14/2020].
                                          STAINLESS STL, WELDED,
                                          CIRC CS, WALL THK
                                          <1.65MM, 1.25MM, >0.5% NICKEL,
                                          >1.5% BUT <5% BY WEIGHT
                                          OF MOLYBDENUM.
GAE.24.S: 7211296080...................  7211296080. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, WIDTH                      NUMBER AND 12/14/2020].
                                          >300MM BUT <600MM, NOT
                                          CLAD/PLATED/COATED, COLD-
                                          RLD, >/=0.25% CRBN, THK 1575MM, HOT-RLD, COILS,
                                          THK >6.8MM BUT <10MM.
GAE.27.S: 7219320020...................  7219320020. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH >/                        NUMBER AND 12/14/2020].
                                          =1370MM, COLD-RLD,
                                          THICKNESS >3MM BUT
                                          <4.75MM, COILS, >0.5%
                                          NICKEL.
GAE.28.S: 7304243010...................  7304243010. CASING (OIL/    ................  85 FR [INSERT FR PAGE
                                          GAS DRILLING) STAINLESS                       NUMBER AND 12/14/2020].
                                          STL, SEAMLESS, THREADED/
                                          COUPLED, OUTSIDE DIAM
                                          <215.9MM, WALL THK
                                          <12.7MM.
GAE.29.S: 7219220035...................  7219220035. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, THICKNESS                      NUMBER AND 12/14/2020].
                                          >/=4.75MM BUT <10MM,
                                          WIDTH >/=600MM BUT
                                          <1575MM, HOT-RLD, NOT
                                          COILS, THK 4.75-10MM,
                                          >0.5% NICKEL.
GAE.30.S: 7222403085...................  7222403085. SHAPES/         ................  85 FR [INSERT FR PAGE
                                          SECTIONS STAINLESS STL,                       NUMBER AND 12/14/2020].
                                          HOT-RLD, NOT DRILLED/
                                          PUNCHED/ADVANCED, MAX
                                          CROSS SECTION <80MM.
GAE.31.S: 7222403045...................  7222403045. SHAPES/         ................  85 FR [INSERT FR PAGE
                                          SECTIONS STAINLESS STL,                       NUMBER AND 12/14/2020].
                                          HOT-RLD, NOT DRILLED/
                                          PUNCHED/ADVANCED, MAX CS
                                          >/=80MM.
GAE.32.S: 7219110060...................  7219110060. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH                           NUMBER AND 12/14/2020].
                                          >1575MM, HOT-RLD, COILS,
                                          THK >10MM.
GAE.33.S: 7304515005...................  7304515005. TUBES/PIPES/    ................  85 FR [INSERT FR PAGE
                                          HOLLOW PROFILES OTH ALLOY                     NUMBER AND 12/14/2020].
                                          STL, SEAMLESS, CIRC CS,
                                          COLD-DRWN/RLD, HIGH-
                                          NICKEL ALLOY STL.
GAE.34.S: 7219330025...................  7219330025. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH >/                        NUMBER AND 12/14/2020].
                                          =1370MM, COLD-RLD,
                                          THICKNESS >1MM BUT <3MM,
                                          COILS, /                       NUMBER AND 12/14/2020].
                                          =600MM BUT <1575MM, HOT-
                                          RLD, COILS, THK >10MM.
GAE.37.S: 7217108030...................  7217108030. ROUND WIRE      ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, NOT                        NUMBER AND 12/14/2020].
                                          PLATED/COATED, >0.6%
                                          CARBON, HEAT-TREATED,
                                          DIAMETER >/=1.0MM BUT
                                          <1.5MM.
GAE.38.S: 7212200000...................  7212200000. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, WDTH                       NUMBER AND 12/14/2020].
                                          <600MM, ELECTROLYTICALLY
                                          PLATED/COATED WITH ZINC.
GAE.39.S: 7217204560...................  7217204560. ROUND WIRE      ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, PLATED/                    NUMBER AND 12/14/2020].
                                          COATED WITH ZINC,
                                          DIAMETER >/=1.0MM BUT
                                          <1.5MM, >/=0.6% CARBON.
GAE.40.S: 7220206060...................  7220206060. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH                           NUMBER AND 12/14/2020].
                                          <300MM, COLD-RLD, THK
                                          >1.25MM, 0.6%
                                          CARBON, HEAT-TREATED,
                                          DIAM <1.0MM.
GAE.42.S: 7220121000...................  7220121000. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WIDTH >/                       NUMBER AND 12/14/2020].
                                          =300MM BUT <600MM, HOT-
                                          RLD, THK <4.75MM.
GAE.43.S: 7209900000...................  7209900000. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, WDTH >/                    NUMBER AND 12/14/2020].
                                          =600MM, COLD-RLD, NOT
                                          CLAD/PLATED/COATED,
                                          WHETHER OR NOT IN COILS.
GAE.44.S: 7213913020...................  7213913020. BARS/RODS IRON/ ................  85 FR [INSERT FR PAGE
                                          NA STL, IRR COILS, HOT-                       NUMBER AND 12/14/2020].
                                          RLD, CIRC CS<14MM DIAM,
                                          NOT TEMPRD/TREATD/PARTLY
                                          MFTD, WELDING QUALITY
                                          WIRE ROD.
GAE.45.S: 7306617060...................  7306617060. OTH TUBES/      ................  85 FR [INSERT FR PAGE
                                          PIPES/HOLLOW PROFILES OTH                     NUMBER AND 12/14/2020].
                                          ALLOY STL (NOT
                                          STAINLESS), WELDED, SQ/
                                          RECT CS, WALL THK <4MM.
GAE.46.S: 7216330090...................  7216330090. H SECTIONS      ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, HOT-                       NUMBER AND 12/14/2020].
                                          RLD/DRWN/EXTRD, HEIGHT >/
                                          =80MM.

[[Page 81081]]

 
GAE.47.S: 7217905030...................  7217905030. WIRE IRON/      ................  85 FR [INSERT FR PAGE
                                          NONALLOY STL, NOT PLATED/                     NUMBER AND 12/14/2020].
                                          COATED WITH BASE METALS
                                          OR PLASTICS, <0.25%
                                          CARBON.
GAE.48.S: 7226923030...................  7226923030. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          OTH ALLOY STL, WDTH                           NUMBER AND 12/14/2020].
                                          <300MM, COLD-RLD, TOOL
                                          STEEL OTH THAN HIGH-
                                          SPEED, BALL-BEARING STL.
GAE.49.S: 7219120051...................  7219120051. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WIDTH >/                       NUMBER AND 12/14/2020].
                                          =1370MM BUT <1575MM, HOT-
                                          RLD, COILS, THICKNESS >/
                                          =4.75MM BUT <6.8MM.
GAE.50.S: 7227906020...................  7227906020. BARS/RODS       ................  85 FR [INSERT FR PAGE
                                          OTHER ALLOY STL, IRR                          NUMBER AND 12/14/2020].
                                          COILS, HOT-RLD, NOT TOOL
                                          STL, WELDING QUALITY WIRE
                                          RODS.
GAE.51.S: 7217905090...................  7217905090. WIRE IRON/      ................  85 FR [INSERT FR PAGE
                                          NONALLOY STL, NOT PLATED/                     NUMBER AND 12/14/2020].
                                          COATED WITH BASE METALS
                                          OR PLASTICS, >/=0.6%
                                          CARBON.
GAE.52.S: 7219220040...................  7219220040. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, HOT-RLD,                       NUMBER AND 12/14/2020].
                                          NOT COILS, THK >/=4.75 MM
                                          BUT <10MM, NOT HIGH-
                                          NICKEL ALLOY, >0.5%
                                          NICKEL, /=5%
                                          MOLYBDENUM, WIDTH >1575MM
                                          BUT <1880MM.
GAE.53.S: 7219320038...................  7219320038. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, COLD-RLD,                      NUMBER AND 12/14/2020].
                                          THICKNESS >/=3MM BUT
                                          <4.75MM, COILS, WIDTH
                                          >600MM BUT <1370MM, NOT
                                          HIGH-NICKEL ALLOY, >0.5%
                                          NICKEL, /=5%
                                          MOLYBDENUM.
GAE.54.S: 7219320045...................  7219320045. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH >/                        NUMBER AND 12/14/2020].
                                          =1370MM, COLD-RLD,
                                          THICKNESS >/=3MM BUT
                                          <4.75MM, NOT COILS.
GAE.55.S: 7219350005...................  7219350005. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH >/                        NUMBER AND 12/14/2020].
                                          =600MM, COLD-RLD, THK
                                          <0.5MM, COILS, >0.5% BUT
                                          <24% NICKEL, >1.5% BUT
                                          <5% MOLYBDENUM.
GAE.56.S: 7219320036...................  7219320036. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, COLD-RLD,                      NUMBER AND 12/14/2020].
                                          THICKNESS >/=3MM BUT
                                          <4.75MM, COILS, WIDTH
                                          >600MM BUT <1370MM, NOT
                                          HIGH-NICKEL ALLOY, >0.5%
                                          NICKEL, >1.5% BUT <5%
                                          MOLYBDENUM.
GAE.57.S: 7304901000...................  7304901000. TUBES/PIPES/    ................  85 FR [INSERT FR PAGE
                                          HOLLOW PROFILES IRON/                         NUMBER AND 12/14/2020].
                                          NONALLOY STL, SEAMLESS,
                                          NONCIRCULAR CROSS
                                          SECTION, WALL THK >/=4MM.
GAE.58.S: 7304390002...................  7304390002. TUBES/PIPES/    ................  85 FR [INSERT FR PAGE
                                          HLLW PRFLS IRON/NA STL,                       NUMBER AND 12/14/2020].
                                          SMLESS, CIRC CS, NOT COLD-
                                          TRTD, SUITABLE FOR
                                          BOILERS ETC, OS DIAM
                                          <38.1MM.
GAE.59.S: 7219120071...................  7219120071. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH                           NUMBER AND 12/14/2020].
                                          >600MM BUT <1370MM, HOT-
                                          RLD, COILS, THICKNESS >/
                                          =4.75MM BUT <10MM, NOT
                                          HIGH-NICKEL ALLOY, >0.5%
                                          NICKEL, /=5%
                                          MOLYBDENUM.
GAE.60.S: 7225501110...................  7225501110. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          OTH ALLOY STL, WDTH >/                        NUMBER AND 12/14/2020].
                                          =600MM, COLD-RLD, TOOL
                                          STEEL, HIGH-SPEED STL.
GAE.61.S: 7217905060...................  7217905060. WIRE IRON/      ................  85 FR [INSERT FR PAGE
                                          NONALLOY STL, PLATED/                         NUMBER AND 12/14/2020].
                                          COATED, >0.25% BUT <0.6%
                                          CARBON.
GAE.62.S: 7220125000...................  7220125000. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH                           NUMBER AND 12/14/2020].
                                          <300MM, HOT-RLD, THK
                                          <4.75MM.
GAE.63.S: 7226928005...................  7226928005. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          OTH ALLOY STL, WDTH                           NUMBER AND 12/14/2020].
                                          <300MM, COLD-RLD, NOT
                                          TOOL STL, THK >0.25MM,
                                          HIGH-NICKEL ALLOY STL.
GAE.64.S: 7217106000...................  7217106000. OTHER WIRE      ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, NOT                        NUMBER AND 12/14/2020].
                                          PLATED/COATED, <0.25%
                                          CARBON.
GAE.65.S: 7219120021...................  7219120021. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WIDTH >/                       NUMBER AND 12/14/2020].
                                          =1370MM BUT 6.8MM BUT /=215.9MM BUT /
                                          =12.7MM.
GAE.68.S: 7302101015...................  7302101015. OTHER RAILS     ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, NEW,                       NUMBER AND 12/14/2020].
                                          NOT HEAT TREATED, >30KG/M.
GAE.69.S: 7304413005...................  7304413005. TUBES/PIPES/    ................  85 FR [INSERT FR PAGE
                                          HOLLOW PRFLS STAINLESS                        NUMBER AND 12/14/2020].
                                          STL, SEAMLESS, CIRC CS,
                                          COLD-DRWN/RLD, EXT DIAM
                                          <19MM, HIGH-NICKEL ALLOY
                                          STL.
GAE.70.S: 7215500090...................  7215500090. OTHER BARS/     ................  85 FR [INSERT FR PAGE
                                          RODS IRON/NONALLOY STL,                       NUMBER AND 12/14/2020].
                                          COLD-FORMED/FINISHED, NOT
                                          COILS, >/=0.6% CARBON.
GAE.71.S: 7217304541...................  7217304541. ROUND WIRE      ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, PLATED/                    NUMBER AND 12/14/2020].
                                          COATED W/OTH BASE METALS,
                                          DIAMETER >/=1.0MM BUT
                                          <1.5MM, <0.25% CARBON.
GAE.72.S: 7227200030...................  7227200030. BARS/RODS       ................  85 FR [INSERT FR PAGE
                                          SILICO-MANGANESE STL, IRR                     NUMBER AND 12/14/2020].
                                          COILS, HOT-RLD, WELDING
                                          QUALITY WIRE RODS, STAT
                                          NOTE 6.
GAE.73.S: 7306697060...................  7306697060. OTH TUBES/      ................  85 FR [INSERT FR PAGE
                                          PIPES/HOLLOW PROFILES OTH                     NUMBER AND 12/14/2020].
                                          ALLOY STL (NOT
                                          STAINLESS), WELDED, OTH
                                          NONCIRCULAR CS, WALL THK
                                          <4MM.
GAE.74.S: 7302101045...................  7302101045. OTHER RAILS     ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, NEW,                       NUMBER AND 12/14/2020].
                                          HEAT TREATED, >30KG/M.
GAE.75.S: 7219210005...................  7219210005. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH >/                        NUMBER AND 12/14/2020].
                                          =600MM, HOT-RLD, NOT
                                          COILS, THK >10MM, HIGH-
                                          NICKEL ALLOY STL.
GAE.76.S: 7304293160...................  7304293160. CASING (OIL/    ................  85 FR [INSERT FR PAGE
                                          GAS DRILLING) OTH ALLOY                       NUMBER AND 12/14/2020].
                                          STL, SEAMLESS, THREADED/
                                          COUPLED, OS DIAMETER
                                          >285.8MM BUT /=12.7MM.

[[Page 81082]]

 
GAE.77.S: 7305316090...................  7305316090. OTHER TUBES/    ................  85 FR [INSERT FR PAGE
                                          PIPES ALLOY STL, CIRC CS,                     NUMBER AND 12/14/2020].
                                          EXT DIAM >406.4MM, NOT
                                          LINE PIPE OR CASING (OIL/
                                          GAS), LONGITUDINALLY
                                          WELDED, NOT TAPERED PIPES/
                                          TUBES, NON-STAINLESS
                                          ALLOY STEEL.
GAE.78.S: 7216400010...................  7216400010. L SECTIONS      ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, HOT-                       NUMBER AND 12/14/2020].
                                          ROLLED/DRAWN/EXTRUDED,
                                          HEIGHT >/=80MM.
GAE.79.S: 7226990110...................  7226990110. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          OTH ALLOY STL, WDTH                           NUMBER AND 12/14/2020].
                                          <600MM, ELECTROLYTICALLY
                                          PLATD/COATD W/ZINC, NOT
                                          GRAIN ORIENTED, NOT OF
                                          HIGH-SPEED STEEL, FURTHER
                                          WORKED THAN HOT-ROLLED OR
                                          COLD-ROLLED.
GAE.80.S: 7225506000...................  7225506000. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          OTH ALLOY STL, WDTH >/                        NUMBER AND 12/14/2020].
                                          =600MM, COLD-RLD, THK >/
                                          =4.75MM, NOT OF TOOL
                                          STEEL.
GAE.81.S: 7304905000...................  7304905000. TUBES/PIPES/    ................  85 FR [INSERT FR PAGE
                                          HOLLOW PROFILES IRON/                         NUMBER AND 12/14/2020].
                                          NONALLOY STL, SEAMLESS,
                                          NOT CIRCULAR CS, WALL THK
                                          <4MM.
GAE.82.S: 7219220005...................  7219220005. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WDTH >/                        NUMBER AND 12/14/2020].
                                          =600MM, HOT-RLD, NOT
                                          COILS, THICKNESS >/
                                          =4.75MM BUT 2 KG.
GAE.84.S: 7209270000...................  7209270000. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, WDTH >/                    NUMBER AND 12/14/2020].
                                          =600MM, COLD-RLD, NOT
                                          CLAD/PLATED/COATED, NOT
                                          COILS, THK 0.5-1MM.
GAE.85.S: 7219900060...................  7219900060. OTHER FLAT-     ................  85 FR [INSERT FR PAGE
                                          ROLLED STAINLESS STL,                         NUMBER AND 12/14/2020].
                                          WDTH >/=600MM, FURTHER
                                          WORKED THAN COLD-RLD, /                       NUMBER AND 12/14/2020].
                                          =600MM BUT <1370MM, HOT-
                                          RLD, COILS, NOT HIGH-
                                          NICKEL ALLOY, THICKNESS >/
                                          =4.75MM BUT 406.4MM.
GAE.88.S: 7224100005...................  7224100005. INGOTS AND      ................  85 FR [INSERT FR PAGE
                                          OTHER PRIMARY FORMS OF                        NUMBER AND 12/14/2020].
                                          HIGH-NICKEL ALLOY STEEL.
GAE.89.S: 7213200080...................  7213200080. BARS/RODS IRON/ ................  85 FR [INSERT FR PAGE
                                          NONALLOY STL, HOT-RLD,                        NUMBER AND 12/14/2020].
                                          IRR COILS, FREE-CUTTING
                                          STL, <0.1% LEAD.
GAE.90.S: 7216100010...................  7216100010. U SECTIONS      ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, HOT-                       NUMBER AND 12/14/2020].
                                          ROLLED/DRAWN/EXTRUDED,
                                          HEIGHT <80MM.
GAE.91.S: 7306695000...................  7306695000. OTH TUBES/      ................  85 FR [INSERT FR PAGE
                                          PIPES/HOLLOW PROFILES                         NUMBER AND 12/14/2020].
                                          IRON/NONALLOY STL,
                                          WELDED, OTH NONCIRCULAR
                                          CS, WALL THK <4MM.
GAE.92.S: 7208390015...................  7208390015. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          IRON/NA STL, WDTH >/                          NUMBER AND 12/14/2020].
                                          =600MM, HOT-RLD, NOT CLAD/
                                          PLATED/COATED, COILS, THK
                                          <3MM, HIGH-STRENGTH STL.
GAE.93.S: 7208380015...................  7208380015. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          IRON/NA STL, WDTH >/                          NUMBER AND 12/14/2020].
                                          =600MM, HOT-RLD, NOT CLAD/
                                          PLATED/COATED, COILS,
                                          THICKNESS >/=3MM BUT
                                          <4.75MM, HIGH-STRENGTH
                                          STL.
GAE.94.S: 7217104090...................  7217104090. ROUND WIRE      ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, NOT                        NUMBER AND 12/14/2020].
                                          PLATED/COATED, <0.25%
                                          CARBON, DIAM <1.5MM, NOT
                                          HEAT-TREATED.
GAE.95.S: 7302105020...................  7302105020. RAILS OF ALLOY  ................  85 FR [INSERT FR PAGE
                                          STEEL, NEW.                                   NUMBER AND 12/14/2020].
GAE.96.S: 7210706030...................  7210706030. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          IRON/NA STL, WDTH >/                          NUMBER AND 12/14/2020].
                                          =600MM, PAINTD/VARNSHD/
                                          COATD W/PLASTICS,
                                          ELECTROLYTICALLY PLATD/
                                          COATD W/ZINC.
GAE.97.S: 7304244060...................  7304244060. CASING (OIL/    ................  85 FR [INSERT FR PAGE
                                          GAS DRILLING) STAINLESS                       NUMBER AND 12/14/2020].
                                          STL, SEAMLESS, NOT
                                          THREADED/COUPLED, OS
                                          DIAMETER >285.8MM BUT /
                                          =12.7MM.
GAE.98.S: 7229200015...................  7229200015. ROUND WIRE SI-  ................  85 FR [INSERT FR PAGE
                                          MN STL, DIAM 0.9% MN, >0.6%
                                          SI, FOR ELEC ARC WELDING,
                                          NOT PLATD/COATD W/COPPER.
GAE.99.S: 7304243040...................  7304243040. CASING (OIL/    ................  85 FR [INSERT FR PAGE
                                          GAS DRILLING) STAINLESS                       NUMBER AND 12/14/2020].
                                          STL, SEAMLESS, THREADED/
                                          COUPLED, OUTSIDE DIAMETER
                                          >/=215.9MM BUT /
                                          =12.7MM.
GAE.100.S: 7304243020..................  7304243020. CASING (OIL/    ................  85 FR [INSERT FR PAGE
                                          GAS DRILLING) STAINLESS                       NUMBER AND 12/14/2020].
                                          STL, SEAMLESS, THREADED/
                                          COUPLED, OUTSIDE DIAM
                                          <215.9MM, WALL THK >/
                                          =12.7MM.
GAE.101.S: 7219130081..................  7219130081. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL, WIDTH >/                       NUMBER AND 12/14/2020].
                                          =600MM BUT <1370MM, HOT-
                                          RLD, COILS, THICKNESS >/
                                          =3MM BUT <4.75MM, /=24% NICKEL.
GAE.102.S: 7211140090..................  7211140090. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, WDTH                       NUMBER AND 12/14/2020].
                                          <600MM, NOT CLAD/PLATED/
                                          COATED, HOT-RLD, THK >/
                                          =4.75MM, COILS.
GAE.103.S: 7218910030..................  7218910030. SEMIFINISHED    ................  85 FR [INSERT FR PAGE
                                          STAINLESS STL,                                NUMBER AND 12/14/2020].
                                          RECTANGULAR CROSS
                                          SECTION, WDTH <4X THK, CS
                                          AREA >/=232 CM2.
GAE.104.S: 7306213000..................  7306213000. CASING (OIL/    ................  85 FR [INSERT FR PAGE
                                          GAS DRILLING) STAINLESS                       NUMBER AND 12/14/2020].
                                          STL, WELDED, THREADED/
                                          COUPLED.
GAE.105.S: 7211234500..................  7211234500. FLAT-ROLLED     ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, WDTH                       NUMBER AND 12/14/2020].
                                          <300MM, NOT CLAD/PLATED/
                                          COATED, COLD-RLD, <0.25%
                                          CRBN, THK 1.25MM, NOT HIGH-NICKEL
                                          ALLOY, /
                                          =15% CHROMIUM.
GAE.107.S: 7305391000..................  7305391000. OTHER TUBES/    ................  85 FR [INSERT FR PAGE
                                          PIPES IRON/NONALLOY STL,                      NUMBER AND 12/14/2020].
                                          CIRC CS, EXT DIAM
                                          >406.4MM, WELDED, OTHER
                                          THAN LONGITUDALLY WELDED.
GAE.108.S: 7217204550..................  7217204550. ROUND WIRE      ................  85 FR [INSERT FR PAGE
                                          IRON/NONALLOY STL, PLATED/                    NUMBER AND 12/14/2020].
                                          COATED WITH ZINC,
                                          DIAMETER >/=1.0MM BUT
                                          <1.5MM, >/=0.25% BUT
                                          <0.6% CARBON.
----------------------------------------------------------------------------------------------------------------

    Annex 1 to Supplements No. 1 and 2 to part 705 [Removed]

0
4. Annex 1 to Supplements No. 1 and 2 to part 705 is removed.

0
5. Effective December 29, 2020. add Supplement No. 3 to part 705 to 
read as follows:

Supplement No. 3 to Part 705--General Approved Exclusions (GAEs) for 
Aluminum Articles Under the 232 Exclusions Process

    This supplement identifies aluminum articles that have been 
approved for import under a General Approved Exclusion (GAE). 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, 
makes these determinations that certain aluminum articles may be 
authorized under a GAE consistent with the objectives of the 232 
exclusions process as outlined in supplement no. 1 to this part. The 
GAEs described in this supplement may be used by any importer. GAEs do 
not include quantity limits. Each GAE identifier will be effective 
fifteen calendar days after publication of a Federal Register notice 
either adding or revising a specific GAE identifier. There is no 
retroactive relief for GAEs. Relief is only available to aluminum 
articles that are entered for consumption, or withdrawn from warehouse 
for consumption, on or after the effective date of a GAE included in 
supplement no. 2 to this part. In order to use a GAE, the importer must 
reference the GAE identifier in the Automated Commercial Environment 
(ACE) system that corresponds to the aluminum articles being imported. 
These GAEs are indefinite in length, but the Department of Commerce on 
behalf of the Secretary of Commerce may at any time issue a Federal 
Register notice removing, revising or adding to an existing GAE in this 
supplement as warranted to align with the objectives of the 232 
exclusions process as described in supplement no. 1 to this part. The 
Department of Commerce on behalf of the Secretary of Commerce may 
periodically publish notices of inquiry in the Federal Register 
soliciting public comments on potential removals, revisions or 
additions to this supplement.

----------------------------------------------------------------------------------------------------------------
                                           Description of aluminum
                                          that may be imported (at         Other
                                            10-digit  Harmonized        limitations
                                           Tariff Schedule of the     (e.g., country
             GAE identifier                 United States (HTSUS)      of  import or   Federal Register citation
                                            statistical reporting        quantity
                                           number or more narrowly       allowed)
                                          defined at product level)
----------------------------------------------------------------------------------------------------------------
GAE.1.A: 7609000000....................  7609000000. ALUMINUM TUBE   ................  85 FR [INSERT FR PAGE
                                          OR PIPE FITTINGS                              NUMBER AND 12/14/2020].
                                          (COUPLINGS, ELBOWS,
                                          SLEEVES).
GAE.2.A: 7607205000....................  7607205000. ALUMINUM FOIL   ................  85 FR [INSERT FR PAGE
                                          OF THICKNESS.                                 NUMBER AND 12/14/2020].
GAE.3.A: 7607196000....................  7607196000. ALUMINUM FOIL   ................  85 FR [INSERT FR PAGE
                                          OF THICKNESS.                                 NUMBER AND 12/14/2020].
GAE.4.A: 7604210010....................  7604210010. ALUMINUM ALLOY  ................  85 FR [INSERT FR PAGE
                                          HOLLOW PROFILES OF HEAT-                      NUMBER AND 12/14/2020].
                                          TREATABLE INDUSTRIAL
                                          ALLOYS OF A KIND
                                          DESCRIBED IN NOTE 6 TO
                                          THIS CHAPTER.
GAE.5.A: 7604291010....................  7604291010. ALUMINUM ALLOY  ................  85 FR [INSERT FR PAGE
                                          PROFILES OTHER THAN                           NUMBER AND 12/14/2020].
                                          HOLLOW PROFILES OF HEAT-
                                          TREATABLE INDUSTRIAL
                                          ALLOYS OF A KIND
                                          DESCRIBED IN NOTE 6 TO
                                          THIS CHAPTER.
GAE.6.A: 7607191000....................  7607191000. ALUMINUM FOIL   ................  85 FR [INSERT FR PAGE
                                          OF THICKNESS.                                 NUMBER AND 12/14/2020].
GAE.7.A: 7606116000....................  7606116000. ALUMINUM        ................  85 FR [INSERT FR PAGE
                                          PLATES, SHEETS AND STRIP,                     NUMBER AND 12/14/2020].
                                          THICKNESS >0.2MM,
                                          RECTANGULAR (INCLUDING
                                          SQUARE), NOT ALLOYED,
                                          CLAD.
GAE.8.A: 7605290000....................  7605290000. ALUMINUM WIRE   ................  85 FR [INSERT FR PAGE
                                          ALLOY, MAXIMUM CROSS-                         NUMBER AND 12/14/2020].
                                          SECTIONAL DIMENSION 0.01 MM AND                     NUMBER AND 12/14/2020].