Removal of Certain General Approved Exclusions (GAEs) Under the Section 232 Steel and Aluminum Tariff Exclusions Process, 70003-70015 [2021-26634]
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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
accumulating 500 total hours TIS since new
and thereafter at intervals not to exceed 50
hours TIS, or 70 engine start-stop cycles,
whichever occurs first, inspect the cooling
fan front flange for a crack in accordance
with Section E, Maintenance Instructions,
sub section 52–A–10 Cooling Fan Inspection,
paragraph c), on page E–5–53, of MM J70–
002 Issue 06, except where MM J70–002
Issue 06 specifies to use a torchlight, use a
flashlight. If any crack is found, before
further flight, remove the cooling fan front
flange from service.
(iii) Cooling fan front flange P/N G52–02–
201 mounted on pulley (24 screws) P/N G52–
10–102 and having never been mounted on
pulley (12 screws) P/N G52–10–100 or G52–
10–101, installed on cooling fan P/N G52–
00–002: Before accumulating 500 total hours
TIS since new and thereafter at intervals not
to exceed 100 hours TIS, inspect the cooling
fan front flange for a crack in accordance
with Section E, Maintenance Instructions,
sub section 52–A–10 Cooling Fan Inspection,
paragraph c), on page E–5–53, of MM J70–
002 Issue 06, except where MM J70–002
Issue 06 specifies to use a torchlight, use a
flashlight. If any crack is found, before
further flight, remove the cooling fan front
flange from service.
(iv) For helicopters with tail boom P/N
G65–00–101, G65–00–102 or G65–00–103
and subsequent installed: Before further
flight after the effective date of this AD, paint
or verify the tail boom upper surface in
accordance with Section C, Airworthiness
Limitations, sub section C–23 Tail Structure
Paint, on page C–6, of MM J70–002 Issue 06,
as applicable to your helicopter.
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(h) Credit for Previous Actions
This paragraph provides credit for the
actions specified in paragraphs (g)(2)(i)
through (iii) of this AD, if those actions were
performed before the effective date of this AD
using Section E, Maintenance Instructions,
sub section 52–A–10 Cooling Fan Inspection,
paragraphs (c) and (d), of Guimbal France
He´licopte`res Guimbal Cabri G2 MM and
Instructions for Continued Airworthiness,
J70–002 Issue—05.1, dated October 30, 2015.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (j)(1) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
COS Program Management Section,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart
Ave., Suite 410, Westbury, NY 11590;
telephone (516) 228–7330; email
andrea.jimenez@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the contact information specified
in paragraphs (k)(3) and (4) of this AD.
(3) The subject of this AD is addressed in
European Aviation Safety Agency (now
European Union Aviation Safety Agency
(EASA) AD 2019–0025, dated February 4,
2019. You may view the EASA AD on the
internet at https://www.regulations.gov in
Docket No. FAA–2021–0688.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Page C–6 of Section C, Airworthiness
Limitations, of Guimbal France He´licopte`res
Guimbal Cabri G2 Maintenance Manual and
Instructions for Continued Airworthiness,
J70–002—Issue 06, dated December 6, 2018.
(ii) Page E–5–53 of Section E, Maintenance
Instructions, of Guimbal France He´licopte`res
Guimbal Cabri G2 Maintenance Manual and
Instructions for Continued Airworthiness,
J70–002—Issue 06, dated December 6, 2018.
(3) For service information identified in
this AD, contact He´licopte`res Guimbal, 1070,
rue du Lieutenant Parayre, Ae´rodrome d’Aixen-Provence, 13290 Les Milles, France;
telephone 33–04–42–39–10–88; email
support@guimbal.com; or at https://
www.guimbal.com.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on October 14, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–26543 Filed 12–8–21; 8:45 am]
BILLING CODE 4910–13–P
(j) Related Information
(1) For more information about this AD,
contact Andrea Jimenez, Aerospace Engineer,
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70003
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 705
[Docket No. 211115–0229]
RIN 0694–AH55
Removal of Certain General Approved
Exclusions (GAEs) Under the Section
232 Steel and Aluminum Tariff
Exclusions Process
Bureau of Industry and
Security, U.S. Department of Commerce.
AGENCY:
ACTION:
Interim final rule.
On December 14, 2020, the
Department of Commerce published an
interim final rule (the ‘‘December 14
rule’’) that revised 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, as
well as a May 26, 2020 notice of inquiry.
The December 14 rule included adding
123 General Approved Exclusions
(GAEs) to the regulations. Subsequently,
based on Commerce’s review of the
public comments received in response
to the December 14 rule and additional
analysis conducted by Commerce on the
Section 232 exclusion request
submissions, Commerce determined
that a subset of the GAEs added in the
December 14 rule no longer meets the
criteria for inclusion as a GAE and
should therefore be removed. Commerce
is removing these GAEs in this interim
final rule to ensure only those GAEs that
meet the stated criteria from the
December 14 rule will continue to be
included as eligible GAEs. This interim
final rule removes thirty of the GAEs
that were added to the regulations in the
December 14 rule, consisting of twentysix GAEs for steel and four GAEs for
aluminum. As a conforming change to a
recent U.S. International Trade
Commission (ITC) decision, this rule
also removes one additional steel GAE.
Lastly, this interim final rule adds a
note to both GAE supplements to
address future changes to the
Harmonized Tariff Schedule of the
United States (HTSUS).
SUMMARY:
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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
This interim final rule is
effective December 27, 2021.
DATES:
For
questions regarding this interim final
rule, contact Kevin Coyne at 202–482–
3203 or via email Kevin.Coyne@
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.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On March 8, 2018, Proclamations
9704 and 9705 were issued imposing
duties on imports of aluminum and
steel, respectively. The Proclamations
also authorized the Secretary of
Commerce (‘‘the Secretary’’) 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, the Secretary was authorized
to grant exclusions from quantitative
limitations based on the same standards
applicable to exclusions from the tariffs.
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Implementing and Improving the
Section 232 Exclusions Process
Since March 19, 2018, Commerce has
published a series of four interim final
rules that established and made various
improvements to the Section 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 Section 232
exclusions process.
On September 11, 2018, Commerce
issued a second interim final rule,
Submissions of Exclusion Requests and
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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
further 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 Section
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.
On December 14, 2020, Commerce
issued a fourth interim final rule,
Implementation of New Commerce
Section 232 Exclusions Portal (85 FR
81060) (the ‘‘December 14 rule’’), that
made additional revisions to the Section
232 exclusion process and added
General Approved Exclusions (GAEs) to
supplements no. 2 and no. 3 to part 705.
Adoption of General Approved
Exclusions
As noted above, the December 14 rule
added new supplements, no. 2 and no.
3, for identifying GAEs for steel and
aluminum articles under the Section
232 exclusions process and the first
approved tranche of GAEs for steel and
aluminum articles. GAEs addressed a
long-standing request from exclusion
requesters to create a more efficient
process to approve certain exclusions
where Commerce has determined that:
(1) No objections will be received; and
(2) it is warranted to approve an
exclusion for all importers to use.
Specifically, the December 14 rule
added a new Supplement No. 2 to Part
705—General Approved Exclusions
(GAEs) for Steel Articles Under the
Section 232 Exclusions Process, and a
new Supplement No. 3 to Part 705—
General Approved Exclusions (GAEs)
for Aluminum Articles under the
Section 232 Exclusions Process. These
two supplements identify the steel and
aluminum articles that have been
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approved for import under a GAE. The
December 14 rule added 108 GAEs for
steel articles under supplement no. 2 to
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, 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 the
determinations that certain aluminum
and steel articles may be authorized
under a GAE consistent with the
objectives of the Section 232 exclusions
process as outlined in supplement no. 1
to part 705.
The GAEs described in these
supplements may be used by any
importer. The two 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 supplements
no. 2 or no. 3 to this part. There will be
no retroactive relief for GAEs. The
December 14 rule also specified 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
supplements no. 2 or no. 3 to part 705.
The December 14 rule specified that
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 either of the two supplements as
warranted to align with the objectives of
the Section 232 exclusions process as
described in supplement no. 1 to part
705. As described below, Commerce is
making such a revision with the
publication of today’s interim final rule
by removing 30 of the GAEs. Commerce
may periodically publish notices of
inquiry in the Federal Register
soliciting public comments on potential
removals, revisions, or additions to this
supplement.
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Why is Commerce publishing this
interim final rule?
Commerce is publishing this interim
final rule to remove a subset of GAEs
(26 GAEs for steel and 4 GAEs for
aluminum) added in the December 14
rule after public comments on the
December 14 rule and subsequent
Commerce analysis of data in the
Section 232 Exclusions Portal identified
these HTSUS codes as not meeting the
criteria for inclusion as a GAE. These
cases include HTSUS codes with
exclusion requests that recently
received objections and/or denials in
the Section 232 Exclusions Portal.
Commerce is removing these GAEs in
this interim final rule to ensure that
only those GAEs that meet the stated
criteria from the December 14 rule will
continue to be included as eligible
GAEs.
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What is the key change included in this
interim final rule?
This interim final rule is being
published to make the following key
change to the Section 232 exclusions
process: As described above, the
December 14 rule included adding 123
GAEs. The addition of GAEs improved
the efficiency and effectiveness of the
Section 232 exclusions process for
certain steel and aluminum articles
under select HTSUS codes that had not
received objections from domestic
industry. Commerce determined that it
could authorize imports under GAEs for
these specified articles as defined by
HTSUS codes for all importers rather
than requiring each importer to submit
an exclusion request.
Subsequently, based on Commerce’s
review of the public comments received
in response to the December 14 rule and
additional analysis conducted by
Commerce of Section 232 submissions,
Commerce determined that a subset of
the GAEs added in the December 14 rule
do not meet the criteria for inclusion as
a GAE and should therefore be removed.
Commerce is removing these GAEs in
today’s rule to ensure that only those
GAEs that meet the stated criteria from
the December 14 rule will continue to
be included as eligible GAEs. This
interim final rule removes 30 of the
GAEs that were added to the regulations
in the December 14 rule, consisting of
26 GAEs for steel (‘‘GAE.3.S:
7220900060,’’ ‘‘GAE.7.S: 7227901060,’’
‘‘GAE.14.S: 7215500018,’’ ‘‘GAE.16.S:
7228501040,’’ ‘‘GAE.23.S: 7220206010,’’
‘‘GAE.27.S: 7219320020,’’ ‘‘GAE.33.S:
7304515005,’’ ‘‘GAE.34.S: 7219330025,’’
‘‘GAE.35.S: 7217901000,’’ ‘‘GAE.37.S:
7217108030,’’ ‘‘GAE.38.S: 7212200000,’’
‘‘GAE.39.S: 7217204560,’’ ‘‘GAE.52.S:
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7219220040,’’ ‘‘GAE.53.S: 7219320038,’’
‘‘GAE.54.S: 7219320045,’’ ‘‘GAE.55.S:
7219350005,’’ ‘‘GAE.56.S: 7219320036,’’
‘‘GAE.60.S: 7225501110,’’ ‘‘GAE.68.S:
7302101015,’’ ‘‘GAE.71.S: 7217304541,’’
‘‘GAE.75.S: 7219210005,’’ ‘‘GAE.76.S:
7304293160,’’ ‘‘GAE.78.S: 7216400010,’’
‘‘GAE.87.S: 7304293180,’’ ‘‘GAE.92.S:
7208390015,’’ and ‘‘GAE.98.S:
7229200015’’) and 4 GAEs for
aluminum (‘‘GAE.2.A: 7607205000,’’
‘‘GAE.11.A: 7616995170,’’ ‘‘GAE.14.A:
7601209095,’’ and ‘‘GAE.15.A:
7616995160’’). Because these GAEs do
not meet the established criteria,
Commerce is publishing this interim
final rule to remove these thirty GAEs.
This interim final rule makes no
additional changes to the other 93 GAEs
that will continue to remain in
supplements no. 2 and no. 3. This
revision further ensures the Section 232
exclusions process is consistent with
the rationale for the import
restrictions—protecting U.S. national
security—while increasing the
efficiency of the exclusion process.
Public Comments and BIS Responses
The public comment period on the
December 14 rule closed on February
12, 2021. BIS received thirty-five public
comments on the interim final rule.
GAEs That Received Objections and/or
Denials
Comment (a)(1): GAEs did not follow
the criteria stated in the December 14
rule because some GAE HTSUS codes
received objections and/or denials.
Several comments referenced the
criteria Commerce included in the
December 14 rule detailing why certain
HTSUS codes were selected for GAEs.
Specifically, these commenters noted
that according to the Department, the
‘‘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.’’ These commenters
stated that this is not the case because
the GAE list from the December 14 rule
included several HTSUS codes for
which domestic producers submitted an
objection, covering more than a dozen
GAEs. These same commenters noted
that the GAE list also included several
HTSUS codes for which the Department
had denied exclusion requests. For
these reasons, these commenters believe
the Department’s GAE list is, therefore,
flawed.
BIS response: Commerce will
continue to apply the criteria that were
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70005
included in the December 14 rule.
Commerce agrees that a subset of GAEs
included in the December 14 rule did
not meet the stated criteria for inclusion
as a GAE. The criteria in the December
14 rule need to be followed to ensure
that GAEs can be implemented in a way
that improves the efficiency and
effectiveness of the Section 232
exclusions process without
undermining the effectiveness of the
tariffs and the national security
objectives that the tariffs are attempting
to address. Commerce will act to remove
or revise GAE entries once Commerce
becomes aware of GAEs that do not
meet the stated criteria for inclusion.
Comment (a)(2): Data from Section
232 Exclusions Portal demonstrating
objections were received. Commenters
opposed to the GAEs highlighted that a
review of the Section 232 Exclusions
Portal shows that over 70 exclusion
requests involving HTSUS provisions
included on supplements no. 2 and no.
3 in the December 14 rule had
objections filed and, in a number of
cases, the requests were denied by
Commerce. Commenters noted that
despite these findings the HTSUS codes
were included in the December 14 rule
as eligible GAEs. Some of these
commenters included detailed screen
shots or other information taken from
the Section 232 Exclusions Portal to
support their comments.
BIS response: Commerce agrees with
these commenters that the data in the
Section 232 Exclusions Portal indicates
that certain HTSUS codes do not meet
the criteria for inclusion on the list of
GAEs. As described below in greater
detail, the difference between the stated
criteria in the December 14 rule and the
published list of GAEs occurred due to
activity in the Section 232 Exclusions
Portal which occurred after the baseline
date used by Commerce for identifying
which HTSUS codes had not received
objections and/or denials and thus were
eligible for inclusion as GAEs. As
described below, Commerce has made
internal process changes to ensure that
the rulemaking process for all future
rules adding new GAEs will include
review immediately prior to publication
for any new rule adding additional
GAEs.
Comment (a)(3): Including steel or
aluminum articles in GAEs that had
received objections and/or denials is
unfair and contrary to the objectives of
the Section 232 process. Some
commenters indicated that it is unfair to
companies who filed objections, after
which the related exclusion requests
were denied, to allow the same steel or
aluminum articles to be eligible for
GAEs. These commenters were also
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concerned that not only does granting
GAEs for such steel and aluminum
articles allow the company who
submitted the exclusion request to
import the steel or aluminum product
tariff-free, it also opens the market to all
companies who import that aluminum
or steel product.
BIS response: Commerce agrees with
these concerns and is addressing them
in this interim final rule.
Changes Made in This Interim Final
Rule To Improve the Section 232
Exclusions Process
BIS is suspending 30 out of the 123
GAEs that became effective on
December 29, 2020. This interim final
rule implements these 30 suspensions
by removing these GAEs from
supplements no. 2 and no. 3 to part 705.
Commerce made this determination
based on internal review of exclusions
data which indicated that the articles
specified in these 30 GAEs require
further analysis by the Department.
Based on the results of this analysis,
Commerce may reissue these GAEs in
whole or in part with subsequent
interim final rules. As noted in the
December 14 rule, Commerce may
periodically publish notices of inquiry
in the Federal Register soliciting public
comments on potential removals,
revisions, or additions to the two
supplements for GAEs. Based on
Commerce’s experience with the initial
tranche of GAEs, Commerce will likely
publish notices prior to adding
additional GAEs to help better inform
Commerce decisions on what HTSUS
codes or specific products may warrant
inclusion.
The steel and aluminum articles
specified by these 30 GAEs (as defined
by their HTSUS Classifications) will
revert to the duties and treatment
previously established under
Presidential Proclamations 9704 and
9705 as well as subsequent
Proclamations.
Commerce identified 26 steel GAEs
and 4 aluminum GAEs for removal in
this interim final rule. Commerce
identified these GAEs based on review
of its internal exclusions data in light of
public comments received in response
to the December 14 rule highlighting, as
noted above, that articles under certain
HTSUS codes were included as GAEs
despite previously receiving objections
and/or denials in the Section 232
Exclusions Portal.
Commerce issued the set of 123 GAEs
based on its analysis of all of the
exclusion requests received through the
Section 232 exclusions process since its
implementation on March 19, 2018. BIS
based the GAEs on the HTSUS codes
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that had never received an objection
during the first thirty months of the
Section 232 exclusions process, on the
basis that the lack of objections
indicated either an unwillingness or
inability of domestic objectors to
manufacture the articles classified
under the HTSUS codes. Commerce
conducted its analysis using data,
drawn on a baseline date of September
12, 2020, from the Section 232
Exclusions Portal. The baseline date
provided for thirty months of Section
232 submissions data covering nearly
240,000 of Section 232 submissions.
Based on the quantity and timespan of
the data, Commerce concluded that all
123 HTSUS codes could be
implemented as GAEs.
Since publishing the December 14
rule, Commerce has become aware that
exclusion requests for steel and
aluminum articles specified by 29 of the
GAEs removed by this interim final
rule—25 steel GAEs and 4 aluminum
GAEs—received objections after
September 12, 2020. In some but not all
cases, the Department denied these
exclusion requests. BIS is removing
these 29 GAEs to conduct further
analysis with updated data from the
Section 232 Exclusions Portal. BIS,
based on the results of this analysis,
may reissue these GAEs in whole or part
in subsequent rules. Commerce has also
made internal process changes specific
to the timing of data runs to ensure that
the baseline date used for determining
new GAEs is as close as possible to
when any subsequent rule that adds or
revises the GAEs is published. These
internal process changes will allow
Commerce, as needed, to remove GAEs
from a rule prior to publication if it is
determined that one or more of the
GAEs (or the HTSUS codes comprising
the GAEs) have received objections and/
or denials.
As a conforming change to a recent
U.S. International Trade Commission
(ITC) decision, this rule also removes
one additional steel GAE. Specifically,
the ITC 484(f) Committee retired HTSUS
Classification 7208390015 (covered by
GAE.92.S) effective July 1, 2021. This
rule removes GAE.92.S from the GAE
List.
In order to more efficiently address
future ITC changes to the Harmonized
Tariff Schedule of the United States,
Commerce is adding a note to
supplements no. 2 and no. 3 to specify
how GAEs will be treated when the ITC
makes certain changes to the HTSUS
Classifications as part of their routine
updates to the HTSUS with revisions
(including re-categorizations),
modifications, and removals to/from the
HTSUS Classifications. The note
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specifies that the list of the HTSUS
Classifications referenced in
supplements no. 2 and no. 3 of GAEs is
drawn from the Harmonized Tariff
Schedule of the United States published
on the ITC website and ITC Change
Records for HTSUS Classifications
(compiled at https://hts.usitc.gov/) and
will be amended when the ITC
publishes subsequent Change Records.
The note added to supplements no. 2
and no. 3 specifies that if there are any
discrepancies between the list of the
HTSUS Classifications in the GAE List
and the HTSUS Classifications
identified by the ITC in the Harmonized
Tariff Schedule of the United States and
the associated Change Records, the
ITC’s list of HTSUS Classifications shall
be controlling. The new note this rule
adds to supplements no. 2 and no. 3
specifies that if an HTSUS Classification
defining a GAE is split or otherwise
modified by the ITC in the HTSUS,
Commerce will extend the GAE to the
newly created HTSUS Classification(s),
so long as the new ‘child’ HTSUS
Classification(s) contain products falling
entirely within the scope of the old
‘parent’ HTSUS Classification. The new
note added to supplements no. 2 and
no. 3 also specifies that these types of
‘inherited’ GAEs will be effective from
the effective date of the change to the
HTSUS, even prior to a Commerce rule
being published to add the new HTSUS
number to one of the GAE lists under
supplements no. 2 or 3. This note being
added to supplements no. 2 and no. 3
will allow Commerce to instruct CBP to
retain the GAE in the event of an
HTSUS classification being modified
even before Commerce is able to update
and publish a revised GAE list under
supplements no. 2 or no. 3. During the
period after the effective date of the
change to the HTSUS and before the
GAE is updated, ACE will reject entries
claiming the exclusion with the new
HTSUS number and importers will have
to make entry without the exclusion. In
order for importers to preserve their
rights, if any, to the exclusion with the
new HTSUS number during this period,
the note also advises importers to seek
extensions of liquidation of the affected
entries with CBP until Commerce is able
to update and publish a revised GAE list
under supplements no. 2 or no. 3.
Commerce has determined that the
internal process changes implemented
will address these issues that occurred
during the selection of the GAEs
included in the December 14 rule.
Additionally, as stated in the December
14 rule and above, Commerce may
publish notices requesting comments on
additions, removals, or modifications of
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GAEs. Commerce will make changes to
the GAEs whenever it is warranted to
ensure that U.S. national security
interests are protected. The adoption of
the GAEs was an important step for
users of steel and aluminum articles
needed for national security
applications as has been noted by many
commenters on past Section 232 interim
final rules. However, Commerce will
evaluate all changes to the Section 232
program in light of whether they are
improving the effectiveness of the
program and whether or not the changes
are consistent with the objectives of the
Section 232 program.
BIS does not anticipate that
suspension of these 30 GAEs will
substantially increase the total volume
of submitted exclusion requests in the
Section 232 Exclusions Portal. BIS has
received 2,109 exclusion requests from
109 requestors for articles covered by
these 30 GAEs in the Section 232
Exclusions Portal over an approximate
two-year period. BIS estimates that the
removal of these 30 GAEs will affect
roughly 100 requestors who submit
exclusion requests and will lead to the
submission of an additional 1,100
exclusion requests per year in the
Section 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
Federal Register.
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)
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approval and displays a currently valid
OMB Control Number.
This final regulation involves three
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).
This rule is expected to increase the
burden hours for one of the collections
associated with this rule, OMB control
number 0694–0139. This increase is
expected because of the removal of 26
GAEs for steel and 4 GAEs for
aluminum, which is expected to result
in an increase of 1,100 exclusion request
submissions per year. These removals
are estimated to result in a twenty
percent reduction in the burden and
costs savings described in the December
14 rule. These GAE removals are
expected to be an increase in 1,100
burden hours for a total cost increase of
162,800 dollars to the public. There is
also expected to be an increase in 6,600
burden hours for a total cost increase of
257,000 dollars to the U.S. Government.
As Commerce asserted in the December
14 rule that the steel and aluminum
articles identified as being eligible for
GAEs, including those being removed in
today’s rule, had not received any
objections, the addition of those new
GAEs was not estimated to result in a
decrease in the number of objections,
rebuttals, or surrebuttals received by
BIS. As described elsewhere in this rule,
the GAEs removed in today’s interim
final rule did receive objections and/or
denials and therefore warrant removal at
this time. Because the December 14 rule
did not make any adjustments to the
collections for objections, rebuttals, or
surrebuttals, the removal of these GAEs
is estimated to result in no change in the
burden associated with the other two
collections. Commerce Department
intends to provide separate 60-day
notice in the Federal Register
requesting public comment on the
information collections contained
within this rule.
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.
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70007
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, June 10, and December 14 rules and
is continuing the 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 December 14
rule and Commerce’s experience with
managing the Section 232 exclusions
process.
In the December 14 rule, Commerce
took what many commenters
characterized as a significant step to
improve the efficiency and effectiveness
of the Section 232 exclusions process by
adding General Approved Exclusions
(GAEs). The GAEs are an effort to
improve the efficiency and effectiveness
of the Section 232 exclusions process
while not undermining the national
security objectives of the tariffs by
adopting a more efficient authorization
mechanism for certain steel and
aluminum articles that had not received
objections over an extended period of
time and with many exclusion requests
being submitted for the specified
articles. Many commenters on the
earlier Section 232 rules requested that
Commerce create a type of general
approval that could be used by any
importer. These commenters on the
earlier Section 232 rules, as well as on
December 14 rule, indicated that such
general approvals would be important to
minimize the negative impacts of the
tariffs and the inefficiencies of the
Section 232 exclusions process, which
these commenters indicated was
undermining U.S. national security and
economic security because of the
difficulty and increased costs involved
in obtaining needed steel and aluminum
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articles, including in certain cases for
U.S. defense applications. Commerce
took a deliberative approach in
identifying what HTSUS codes could be
considered for inclusion as GAEs and
specified criteria in the December 14
rule to explain how the adoption of
these GAEs would not undermine the
national security objectives of the
Section 232 process and would instead
help to protect U.S. national security
and economic security by improving the
efficiency and effectiveness of the
Section 232 exclusions process. Some
commenters on the December 14 rule
identified the implementation of the
GAEs as an area where the transparency,
effectiveness, and fairness of the process
was improved.
However, other commenters on the
December 14 rule raised concerns with
the addition of the GAEs, in particular
raising concerns that the addition would
directly undermine U.S. national
security and the objectives of the
Section 232 exclusions process. These
commenters on the December 14 rule
highlighted that Commerce was not
being consistent with the criteria
Commerce used for justifying adding the
GAEs. Therefore, these commenters
noted that the addition of these GAEs
had the potential to significantly
undermine the national security
objectives. These commenters also took
issue with Commerce’s claim that these
GAEs would not negatively impact U.S.
national security when describing the
rationale for adding these GAEs.
Comments received for the December 14
rule in this area primarily focused on
the creation of specific GAEs containing
articles for which exclusion requests
had previously received objections and/
or been denied. These commenters
noted that for the addition of this subset
of GAEs, regardless of the merits or
rationale for adding the other GAEs,
there was a disconnect with
Commerce’s stated criteria from the
December 14 rule. Therefore, this subset
of 29 GAEs must be removed from the
regulations.
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.
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
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16:33 Dec 08, 2021
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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, June 10, and December
14 rules, and is taking the next step in
improving the Section 232 exclusions
process by making needed changes with
the publication of today’s rule, so as not
to undermine the national security
objectives for which the December 14
rule added the GAEs to the regulations.
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 subsequent rules further improved
specific aspects of the Section 232
exclusions process. The publication of
today’s rule makes needed changes in
the Section 232 exclusions process to
create the type of fair, transparent, and
efficient process that was intended in
the March 19, September 11, June 10,
and December 14 rules, but commenters
noted that the specific subset of GAEs
that contained steel or aluminum
articles for which exclusion requests
had received objections and/or been
PO 00000
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Fmt 4700
Sfmt 4700
denied. Today’s rule makes critical
changes to further ensure a fair,
transparent, and efficient exclusion
process by ensuring the GAEs that
remain in the regulations are consistent
with the objectives of the Section 232
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 to the GAE process
and could face significant economic
hardship, which could potentially
create a detrimental effect on the general
U.S. economy and national security.
Comments received on the December 14
rule that were critical of the GAEs were
clear that the removal of GAEs that
consisted of HTSUS codes that received
objections and/or denials under the
Section 232 process was needed.
Commenters noted that failure to
provide this additional improvement
could allow the ‘‘floodgates’’ to open for
imports of those articles, and that the
influx of such articles could undermine
the efficiency of the Section 232
process. Commenters also noted that if
this specific improvement is not made,
significant economic consequences
could occur. Given the imports of these
articles have already been objected to
and/or denied in exclusion requests
under the Section 232 process for
national security reasons, allowing these
specific GAEs to exist could undermine
other critical U.S. national security
interests.
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
1. The authority citation for part 705
continues to read as follows:
■
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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. In part 705, amend Supplement No.
2 by revising the supplement heading
and the table to read as follows:
■
Supplement No. 2 to Part 705—
GENERAL APPROVED EXCLUSIONS
(GAEs) FOR STEEL ARTICLES UNDER
THE SECTION 232 EXCLUSIONS
PROCESS
*
GAE Identifier
GAE.1.S: 7304592030 .....
GAE.2.S: 7304592080 .....
GAE.4.S: 7222406000 .....
GAE.5.S: 7306901000 .....
GAE.6.S: 7212600000 .....
GAE.8.S: 7220207060 .....
GAE.9.S: 7223005000 .....
GAE.10.S: 7220208000 ...
GAE.11.S: 7217108060 ...
GAE.12.S: 7226923060 ...
GAE.13.S: 7229905010 ...
GAE.15.S: 7304598060 ...
GAE.17.S: 7304246030 ...
GAE.18.S: 7229905031 ...
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GAE.19.S: 7304598010 ...
GAE.20.S: 7219310010 ...
VerDate Sep<11>2014
*
*
Other
limitations
(e.g., country of
import or
quantity
allowed)
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)
70009
*
*
Federal Register citation
7304592030. TUBES/PIPES/HLLW PRFLS OTH ALLOY
STL, SMLESS, CIRC CS, OTHER THAN COLDDRAWN/COLD-ROLLED (COLD-REDUCED), SUITABLE FOR BOILERS ETC, HEAT-RESISTING STL.
7304592080. TUBES/PIPES/H PRFLS ALLOY STL,
SMLSS, CIRC CS, OTHER THAN COLD-DRAWN/
COLD-ROLLED (COLD-REDUCED), SUIT FOR
BOILERS ETC, NOT HT-RSST STL, OS DIAMETER
>406.4MM.
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.
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
............................
7220207060. FLAT-ROLLED STAINLESS STL, WDTH
<300MM, NFW THAN COLD-RLD (COLD-REDUCED), THICKNESS >0.25MM BUT </= 1.25MM, </
= 0.5% NICKEL <15% CHROMIUM.
7223005000. FLAT WIRE OF STAINLESS STEEL ........
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
7220208000. FLAT-ROLLED STAINLESS STL, WDTH
<300MM, NFW THAN COLD-RLD (COLD-REDUCED), THK </= 0.25MM, RAZOR BLADE STL.
7217108060. ROUND WIRE IRON/NONALLOY STL,
NOT PLATED/COATED, >/= 0.6% CARBON, NOT
HEAT-TREATED, OS DIAMETER <1.0MM.
7226923060. FLAT-ROLLED OTH ALLOY STL, WDTH
<300MM, NFW THAN COLD-RLD (COLD-REDUCED), TOOL STEEL OTH THAN HIGH-SPEED,
OTHER THAN BALL-BEARING STEEL.
7229905016. ROUND WIRE OTHER ALLOY STL, OS
DIAMETER <1.0MM.
............................
7304598060. TUBES/PIPES/HLLW PRFLS OTH ALLOY
STL, SMLESS, CIRC CS, OTHER THAN COLDDRAWN/COLD-ROLLED (COLD-REDUCED), OS DIAMETER >285.8MM BUT <406MM, WALL THK
<12.7MM.
7304246030. TUBING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, OS DIAMETER </=
114.3MM, WALL THK >9.5MM.
7229905031. ROUND WIRE OTHER ALLOY STL,
WITH OS DIAMETER >/= 1.0MM BUT <1.5MM.
............................
7304598010. TUBES/PIPES/HOLLOW PROFILES OTH
ALLOY STL, SEAMLESS, CIRC CS, OTHER THAN
COLD-DRAWN/COLD-ROLLED (COLD-REDUCED),
NOT HEAT-RESISTANT, OS DIAMETER <38.1MM.
7219310010. FLAT-ROLLED STAINLESS STL, WDTH
>/= 600MM, NFW THAN COLD-RLD (COLD-REDUCED), THK >/= 4.75MM, COILS.
............................
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85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
09DER1
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GAE Identifier
GAE.21.S: 7304598045 ...
GAE.22.S: 7306401090 ...
GAE.24.S: 7211296080 ...
GAE.25.S: 7217201500 ...
GAE.26.S: 7219120026 ...
GAE.28.S: 7304243010 ...
GAE.29.S: 7219220035 ...
GAE.30.S: 7222403085 ...
GAE.31.S: 7222403045 ...
GAE.32.S: 7219110060 ...
GAE.36.S: 7219110030 ...
GAE.40.S: 7220206060 ...
GAE.41.S: 7217108025 ...
GAE.42.S: 7220121000 ...
GAE.43.S: 7209900000 ...
GAE.44.S: 7213913020 ...
GAE.45.S: 7306617060 ...
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GAE.46.S: 7216330090 ...
GAE.47.S: 7217905030 ...
GAE.48.S: 7226923030 ...
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Other
limitations
(e.g., country of
import or
quantity
allowed)
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)
Federal Register citation
7304598045. TUBES/PIPES/HLLW PRFLS OTH ALLOY
STL, SMLESS, CIRC CS, OTHER THAN COLDDRAWN/COLD-ROLLED (COLD-REDUCED), 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.
7211296080. FLAT-ROLLED IRON/NONALLOY STL,
WIDTH >/= 300MM BUT <600MM, NOT CLAD/PLATED/COATED, NFW THAN COLD-RLD (COLD-REDUCED), >/= 0.25% CRBN, THK </= 1.25MM.
7217201500. FLAT WIRE IRON/NONALLOY STL,
PLATED/COATED WITH ZINC.
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
7219120026. FLAT-ROLLED STAINLESS STL, WDTH
>1575MM, HOT-RLD, COILS, THK >6.8MM BUT
<10MM.
7304243010. CASING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, THREADED/COUPLED, OS
DIAMETER <215.9MM, WALL THK <12.7MM.
7219220035. FLAT-ROLLED STAINLESS STL, THICKNESS >/= 4.75MM BUT <10MM, WIDTH >/= 600MM
BUT <1575MM, HOT-RLD, 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.
............................
7219110030. FLAT-ROLLED STAINLESS STL, WIDTH
>/= 600MM BUT <1575MM, HOT-RLD, COILS, THK
>10MM.
7220206060. FLAT-ROLLED STAINLESS STL, WDTH
<300MM, NFW THAN COLD-RLD (COLD-REDUCED), THK >1.25MM, </= 0.5% NICKEL, <15%
CHROMIUM.
7217108025. ROUND WIRE IRON/NONALLOY STL,
NOT PLATED/COATED, >0.6% CARBON, HEATTREATED, OS DIAMETER <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, OS DIAMETER <14MM, 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.
............................
7217905030. WIRE IRON/NONALLOY STL, NOT
PLATED/COATED WITH BASE METALS OR PLASTICS, <0.25% CARBON.
7226923030. FLAT-ROLLED OTH ALLOY STL, WDTH
<300MM, NFW THAN COLD-RLD (COLD-REDUCED), TOOL STEEL OTH THAN HIGH-SPEED,
BALL-BEARING STL.
............................
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85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
09DER1
Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
GAE Identifier
GAE.49.S: 7219120051 ...
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, HOT-RLD, NOT TOOL STL, WELDING
QUALITY WIRE RODS.
7217905090. WIRE IRON/NONALLOY STL, NOT
PLATED/COATED WITH BASE METALS OR PLASTICS, >/= 0.6% CARBON.
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, OTHER THAN COLDDRAWN/COLD-ROLLED (COLD-REDUCED), SUITABLE FOR BOILERS ETC, OS DIAMETER <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.
7217905060. WIRE IRON/NONALLOY STL, PLATED/
COATED, >0.25% BUT <0.6% CARBON.
............................
GAE.62.S: 7220125000 ...
7220125000. FLAT-ROLLED STAINLESS STL, WDTH
<300MM, HOT-RLD, THK <4.75MM.
............................
GAE.63.S: 7226928005 ...
7226928005. FLAT-ROLLED OTH ALLOY STL, WDTH
<300MM, NFW THAN COLD-RLD (COLD-REDUCED), NOT TOOL STL, THK >0.25MM, HIGHNICKEL 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, OTHER THAN
COLD-DRAWN/COLD-ROLLED (COLD-REDUCED),
GALVANIZED, OS DIAMETER </= 114.3MM.
7304244040. CASING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, NOT THREADED/COUPLED, OS DIAMETER >/= 215.9MM BUT </=
285.8MM, WALL THK >/= 12.7MM.
7304413005. TUBES/PIPES/HOLLOW PRFLS STAINLESS STL, SEAMLESS, CIRC CS, COLD-DRWN/
RLD (COLD-REDUCED), OS DIAMETER <19MM,
HIGH-NICKEL ALLOY STL.
7215500090. OTHER BARS/RODS IRON/NONALLOY
STL, COLD-FORMED/FINISHED, NOT COILS, >/=
0.6% 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. RAILS IRON/NONALLOY STL, NEW,
HEAT TREATED, >30KG/M.
............................
7305316090. OTHER TUBES/PIPES ALLOY STL, CIRC
CS, OS DIAMETER >406.4MM, NOT LINE PIPE OR
CASING (OIL/GAS), LONGITUDINALLY WELDED,
NOT TAPERED PIPES/TUBES, NON-STAINLESS
ALLOY STEEL.
............................
GAE.50.S: 7227906020 ...
GAE.51.S: 7217905090 ...
GAE.57.S: 7304901000 ...
GAE.58.S: 7304390002 ...
GAE.59.S: 7219120071 ...
GAE.61.S: 7217905060 ...
GAE.64.S: 7217106000 ...
GAE.65.S: 7219120021 ...
GAE.66.S: 7304390016 ...
GAE.67.S: 7304244040 ...
GAE.69.S: 7304413005 ...
GAE.70.S: 7215500090 ...
GAE.72.S: 7227200030 ...
GAE.73.S: 7306697060 ...
GAE.74.S: 7302101045 ...
khammond on DSKJM1Z7X2PROD with RULES
Other
limitations
(e.g., country of
import or
quantity
allowed)
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)
GAE.77.S: 7305316090 ...
VerDate Sep<11>2014
16:33 Dec 08, 2021
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70011
Federal Register citation
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
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85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
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85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
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85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
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85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
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85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
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09DER1
70012
Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
GAE Identifier
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.88.S: 72241000005
GAE.89.S: 7213200080 ...
GAE.90.S: 7216100010 ...
GAE.91.S: 7306695000 ...
GAE.93.S: 7208380015 ...
GAE.94.S: 7217104090 ...
GAE.95.S: 7302105020 ...
GAE.96.S: 7210706030 ...
GAE.97.S: 7304244060 ...
khammond on DSKJM1Z7X2PROD with RULES
GAE.99.S: 7304243040 ...
GAE.100.S: 7304243020
GAE.101.S: 7219130081
VerDate Sep<11>2014
Other
limitations
(e.g., country of
import or
quantity
allowed)
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)
7226990110. FLAT-ROLLED OTH ALLOY STL, WDTH
<600MM, ELECTROLYTICALLY PLATD/COATD W/
ZINC, NOT GRAIN ORIENTED, NOT OF HIGHSPEED STEEL, FURTHER WORKED THAN HOTROLLED 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 </= 4.75MM BUT </= 10MM, HIGHNICKEL ALLOY STL.
7217104045. ROUND WIRE IRON/NONALLOY STL,
NOT PLATED/COATED, <0.25% CARBON, OS DIAMETER <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.
7224100005. INGOTS AND OTHER PRIMARY FORMS
OF HIGH-NICKEL ALLOY STEEL.
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
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............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
............................
............................
............................
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.
7208380015. FLAT-ROLLED IRON/NA STL, WDTH >/=
600MM, HOT-RLD, NOT CLAD/PLATED/COATED,
COILS, THICKNESS >/= 3MM BUT <4.75MM, HIGHSTRENGTH STL.
7217104090. ROUND WIRE IRON/NONALLOY STL,
NOT PLATED/COATED, <0.25% CARBON, OS DIAMETER <1.5MM, NOT HEAT-TREATED.
7302105020. RAILS OF ALLOY STEEL, NEW ...............
............................
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 /=12.7MM.
7304243040. CASING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, THREADED/COUPLED, OS
DIAMETER >/= 215.9MM BUT /=12.7MM.
7304243020. CASING (OIL/GAS DRILLING) STAINLESS STL, SEAMLESS, THREADED/COUPLED, OS
DIAMETER <215.9MM, WALL THK >/= 12.7MM.
7219130081. FLAT-ROLLED STAINLESS STL, WIDTH
>/= 600MM BUT <1370MM, NFW THAN HOT-RLD,
COILS, ANNEALED OR PICKLED, THICKNESS >/=
3MM BUT <4.75MM, <0.5% OR >24% NICKEL.
............................
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85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
09DER1
Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
GAE Identifier
GAE.102.S: 7211140090
GAE.103.S: 7218910030
GAE.104.S: 7306213000
GAE.105.S: 7211234500
GAE.106.S: 7220206080
GAE.107.S: 7305391000
GAE.108.S: 7217204550
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
............................
7211234500. FLAT-ROLLED IRON/NONALLOY STL,
WDTH <300MM, NOT CLAD/PLATED/COATED,
NFW THAN COLD-RLD (COLD-REDUCED), <0.25%
CRBN, THK </= 0.25MM.
7220206080. FLAT-ROLLED STAINLESS STL, WDTH
<300MM, NFW THAN COLD-RLD (COLD-REDUCED), THK >1.25MM, NOT HIGH-NICKEL ALLOY,
</= 0.5% NICKEL, >/= 15% CHROMIUM.
7305391000. OTHER TUBES/PIPES IRON/NONALLOY
STL, CIRC CS, OS DIAMETER >406.4MM, WELDED, OTHER THAN LONGITUDALLY WELDED.
7217204550. ROUND WIRE IRON/NONALLOY STL,
PLATED/COATED WITH ZINC, OS DIAMETER >/=
1.0MM BUT <1.5MM, >/= 0.25% BUT <0.6% CARBON.
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
GAE.1.A: 7609000000 ...................
16:33 Dec 08, 2021
7609000000. ALUMINUM TUBE
OR PIPE FITTINGS (COUPLINGS, ELBOWS, SLEEVES).
Jkt 256001
............................
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
............................
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
85 FR 81079, 12/14/2020. 86 FR [INSERT FR PAGE NUMBER] December 9, 2021.
............................
list of HTSUS Classifications shall be
controlling. Therefore, if an HTSUS
Classification defining a GAE is split or
otherwise modified by the ITC in the
HTSUS, GAEs are extended to the
newly-created HTSUS Classification(s),
so long as the new ‘child’ HTSUS
Classification(s) contain products falling
entirely within the scope of the old
‘parent’ HTSUS classification. These
types of ‘inherited’ GAEs are effective
from the effective date of the change to
the HTSUS, even prior to a Commerce
rule being published to add the new
HTSUS number to the GAE list under
supplement no. 2. During the period
after the effective date of the change to
the HTSUS and before the GAE is
updated, ACE will reject entries
claiming the exclusion with the new
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
khammond on DSKJM1Z7X2PROD with RULES
Federal Register citation
7211140090. FLAT-ROLLED IRON/NONALLOY STL,
WDTH <600MM, NOT CLAD/PLATED/COATED,
NFW THAN HOT-RLD, NOT UNIVERSAL MILL
PLATE, THK >/= 4.75MM, NOT HIGH-STRENGTH
STEEL, 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.
Note to Supplement No. 2:
Harmonized Tariff Schedule of the
United States (HTSUS) Classifications
are identified by the U.S. International
Trade Commission (ITC) through its web
version of the Harmonized Tariff
Schedule. The list of the HTSUS
Classifications referenced in this table
of GAEs is drawn from the HTSUS and
ITC Change Records for HTSUS
Classifications (compiled at https://
hts.usitc.gov/) and will be amended
when the ITC publishes subsequent
Change Records. If there are any
discrepancies between the list of the
HTSUS Classifications in this table and
the HTSUS Classifications identified by
the ITC in the Harmonized Tariff
Schedule of the United States and the
associated Change Records, the ITC’s
VerDate Sep<11>2014
Other
limitations
(e.g., country of
import or
quantity
allowed)
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)
70013
PO 00000
Frm 00037
Fmt 4700
HTSUS number and importers will have
to make entry without the exclusion. In
order for importers to preserve their
rights, if any, to the exclusion with the
new HTSUS number during this period,
importers are advised to seek extensions
of liquidation of the affected entries
with CBP until Commerce is able to
update and publish a revised GAE list
under this supplement no. 2.
■ 3. In part 705, amend Supplement No.
3 by revising the supplement heading
and the table to read as follows:
Supplement No. 3 to Part 705—
GENERAL APPROVED EXCLUSIONS
(GAEs) FOR ALUMINUM ARTICLES
UNDER THE SECTION 232
EXCLUSIONS PROCESS
*
*
*
*
*
Other limitations
(e.g., country of import or
quantity allowed)
Federal Register
citation
.......................................................
85 FR 81083, 12/14/2020. 86 FR
[INSERT FR PAGE NUMBER]
December 9, 2021.
Sfmt 4700
E:\FR\FM\09DER1.SGM
09DER1
70014
Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
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
GAE.3.A: 7607196000 ...................
GAE.4.A: 7604210010 ...................
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.12.A: 7607201000 .................
khammond on DSKJM1Z7X2PROD with RULES
GAE.13.A: 7604295090 .................
7607196000. ALUMINUM FOIL
OF THICKNESS </= 0.2MM,
NOT BACKED, OTHER THAN
ROLLED BUT NOT FURTHER
WORKED,
OTHER
THAN
ETCHED CAPACITOR FOIL,
OTHER THAN CUT TO SHAPE
W/ THICKNESS </= 0.15 MM.
7604210010. ALUMINUM ALLOY
HOLLOW
PROFILES
OF
HEAT–TREATABLE
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 </= 0.2MM,
NOT BACKED OTHER THAN
ROLLED BUT NOT FURTHER
WORKED, ETCHED CAPACITOR FOIL.
7606116000.
ALUMINUM
PLATES,
SHEETS
AND
STRIP, THICKNESS > 0.2MM,
RECTANGULAR (INCLUDING
SQUARE), NOT ALLOYED,
CLAD.
7605290000. ALUMINUM WIRE
ALLOY, MAXIMUM CROSSSECTIONAL 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.
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.
Note to Supplement No. 3:
Harmonized Tariff Schedule of the
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(e.g., country of import or
quantity allowed)
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[INSERT FR PAGE NUMBER]
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85 FR 81083, 12/14/2020. 86 FR
[INSERT FR PAGE NUMBER]
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[INSERT FR PAGE NUMBER]
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[INSERT FR PAGE NUMBER]
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[INSERT FR PAGE NUMBER]
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85 FR 81083, 12/14/2020. 86 FR
[INSERT FR PAGE NUMBER]
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85 FR 81083, 12/14/2020. 86 FR
[INSERT FR PAGE NUMBER]
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85 FR 81083, 12/14/2020. 86 FR
[INSERT FR PAGE NUMBER]
December 9, 2021.
.......................................................
85 FR 81083, 12/14/2020. 86 FR
[INSERT FR PAGE NUMBER]
December 9, 2021.
United States (HTSUS) Classifications
are identified by the U.S. International
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Trade Commission (ITC) through its web
version of the Harmonized Tariff
E:\FR\FM\09DER1.SGM
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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
Schedule of the United States. The list
of the HTSUS Classifications referenced
in this table of GAEs is drawn from the
HTSUS and ITC Change Records for
HTSUS Classifications (compiled at
https://hts.usitc.gov/) and will be
amended when the ITC publishes
subsequent Change Records. If there are
any discrepancies between the list of
HTSUS Classifications in this table and
the HTSUS Classifications identified by
the ITC in the Harmonized Tariff
Schedule of the United States and the
associated Change Records, the ITC’s
list of HTSUS Classifications shall be
controlling. Therefore, if an HTSUS
Classification defining a GAE is split or
otherwise modified by the ITC in the
HTSUS, GAEs are extended to the
newly-created HTSUS Classification(s),
so long as the new ‘child’ HTSUS
Classification(s) contain products falling
entirely within the scope of the old
‘parent’ HTSUS classification. These
types of ‘inherited’ GAEs are effective
from the effective date of the change to
the HTSUS, even prior to a Commerce
rule being published to add the new
HTSUS number to the GAE list under
this supplement no. 3. During the period
after the effective date of the change to
the HTSUS and before the GAE is
updated, ACE will reject entries
claiming the exclusion with the new
HTSUS number and importers will have
to make entry without the exclusion. In
order for importers to preserve their
rights, if any, to the exclusion with the
new HTSUS number during this period,
importers are advised to seek extensions
of liquidation of the affected entries
with CBP until Commerce is able to
update and publish a revised GAE list
under this supplement no. 3.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2021–26634 Filed 12–8–21; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 742, and 744
[Docket No. 211201–0249]
khammond on DSKJM1Z7X2PROD with RULES
RIN 0694–AI65
Revision of Controls for Cambodia
Under the Export Administration
Regulations
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
16:33 Dec 08, 2021
Jkt 256001
70015
SUMMARY:
In response to deepening
Chinese military influence in Cambodia,
which undermines and threatens
regional security, as well as growing
corruption and human rights abuses by
the Government of Cambodia, in this
final rule, the Bureau of Industry and
Security (BIS) amends the Export
Administration Regulations (EAR) to
apply more restrictive treatment to
exports and reexports to, and transfers
within, Cambodia of items subject to the
EAR. BIS is taking this action to address
recent actions by the Government of
Cambodia that are contrary to the
national security and foreign policy
interests of the United States. Further,
BIS updates a Country Group
designation for Cambodia under the
EAR to reflect the country’s
identification by the State Department
as subject to a United States arms
embargo.
DATES: This rule is effective December 9,
2021.
FOR FURTHER INFORMATION CONTACT:
Tracy Patts, Foreign Policy Division,
Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, U.S. Department of Commerce,
by email at Foreign.Policy@bis.doc.gov,
or by phone at 202–482–4252.
SUPPLEMENTARY INFORMATION:
Cambodian military officials due to
their involvement in significant
corruption, including in connection
with the Ream Naval Base. At that time,
State, Treasury, and the Department of
Commerce also issued an advisory
cautioning U.S. businesses regarding the
potential exposure to entities in
Cambodia, such as the Cambodian
military, that engage in human rights
abuses, corruption, and other
destabilizing conduct.
The United States has determined that
expanded Chinese military influence in
Cambodia and corruption and human
rights abuses committed by Cambodian
government actors, including the
Cambodian military, are contrary to U.S.
national security and foreign policy
interests. Therefore, the U.S.
Government is restricting certain
exports and reexports to, and transfers
within, Cambodia to ensure that items
subject to the EAR are not available to
Cambodia’s military and militaryintelligence services without prior
review by the U.S. Government, and is
also adding Cambodia to the list of
countries subject to a more stringent
review policy for license applications
involving national security-controlled
items. In this rule, BIS amends the EAR
to implement more restrictive treatment
for Cambodia under the EAR.
Background
Changes Made by This Rule for
Cambodia Under the EAR
BIS is taking this action to address
recent actions by the Government of
Cambodia that are contrary to the
national security and foreign policy
interests of the United States and
threaten regional security. The rule
makes four broad changes to the EAR to
reflect BIS’s more restrictive licensing
approach to Cambodia. It adds
Cambodia to: (1) The list of countries
subject to the licensing policy in
§ 742.4(b)(7), (2) the list of countries
subject to military end use and end user
controls in § 744.21, (3) the list of
countries subject to military intelligence
end use and end user controls in
§ 744.22, and (4) the list of countries
subject to a U.S. arms embargo under
Country Group D:5.
Cambodia Under the Export
Administration Regulations
BIS’s current licensing policy for
Cambodia dates from 1992, when the
agency amended the EAR in support of
the settlement of political conflict in
Cambodia and the lifting of a U.S. trade
embargo on Cambodia. (57 FR 11576,
April 6, 1992.) Recent changes in
Cambodian foreign policy, however,
undermine regional security as well as
U.S. national security and foreign policy
interests, and necessitate a revision to
export controls for Cambodia under the
EAR.
In June 2021, during an official visit
to Cambodia, Deputy Secretary of State
Wendy Sherman expressed serious
concerns about the People’s Republic of
China’s (PRC or China) military
presence and construction of facilities at
Ream Naval Base in Cambodia. Deputy
Secretary Sherman emphasized that an
exclusive-use PRC military base in
Cambodia would undermine Cambodian
sovereignty, threaten regional security,
and negatively impact U.S.-Cambodia
relations. Since then, the Department of
State (State) and the Treasury
(Treasury), have taken action under
their respective authorities to address
such concerns. In November 2021, State
and Treasury designated two
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Licensing Policy
This rule adds Cambodia to the list of
countries subject to the licensing policy
in § 742.4(b)(7) (NS-controlled items) of
the EAR. The license review policy for
NS-controlled items in § 742.4(b)(7)
applies to transactions with the
countries listed in § 744.21, and now
applies to Cambodia as well. This rule
removes the reference to Cambodia in
the policy described in § 742.4(b)(6),
which is superseded in this rule by the
E:\FR\FM\09DER1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Rules and Regulations]
[Pages 70003-70015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26634]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 705
[Docket No. 211115-0229]
RIN 0694-AH55
Removal of Certain General Approved Exclusions (GAEs) Under the
Section 232 Steel and Aluminum Tariff Exclusions Process
AGENCY: Bureau of Industry and Security, U.S. Department of Commerce.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: On December 14, 2020, the Department of Commerce published an
interim final rule (the ``December 14 rule'') that revised 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, as well as
a May 26, 2020 notice of inquiry. The December 14 rule included adding
123 General Approved Exclusions (GAEs) to the regulations.
Subsequently, based on Commerce's review of the public comments
received in response to the December 14 rule and additional analysis
conducted by Commerce on the Section 232 exclusion request submissions,
Commerce determined that a subset of the GAEs added in the December 14
rule no longer meets the criteria for inclusion as a GAE and should
therefore be removed. Commerce is removing these GAEs in this interim
final rule to ensure only those GAEs that meet the stated criteria from
the December 14 rule will continue to be included as eligible GAEs.
This interim final rule removes thirty of the GAEs that were added to
the regulations in the December 14 rule, consisting of twenty-six GAEs
for steel and four GAEs for aluminum. As a conforming change to a
recent U.S. International Trade Commission (ITC) decision, this rule
also removes one additional steel GAE. Lastly, this interim final rule
adds a note to both GAE supplements to address future changes to the
Harmonized Tariff Schedule of the United States (HTSUS).
[[Page 70004]]
DATES: This interim final rule is effective December 27, 2021.
FOR FURTHER INFORMATION CONTACT: For questions regarding this interim
final rule, contact Kevin Coyne at 202-482-3203 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, Proclamations 9704 and 9705 were issued imposing
duties on imports of aluminum and steel, respectively. The
Proclamations also authorized the Secretary of Commerce (``the
Secretary'') 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, the
Secretary was authorized to grant exclusions from quantitative
limitations based on the same standards applicable to exclusions from
the tariffs.
Implementing and Improving the Section 232 Exclusions Process
Since March 19, 2018, Commerce has published a series of four
interim final rules that established and made various improvements to
the Section 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 Section 232 exclusions process.
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 further 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 Section 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.
On December 14, 2020, Commerce issued a fourth interim final rule,
Implementation of New Commerce Section 232 Exclusions Portal (85 FR
81060) (the ``December 14 rule''), that made additional revisions to
the Section 232 exclusion process and added General Approved Exclusions
(GAEs) to supplements no. 2 and no. 3 to part 705.
Adoption of General Approved Exclusions
As noted above, the December 14 rule added new supplements, no. 2
and no. 3, for identifying GAEs for steel and aluminum articles under
the Section 232 exclusions process and the first approved tranche of
GAEs for steel and aluminum articles. GAEs addressed a long-standing
request from exclusion requesters to create a more efficient process to
approve certain exclusions where Commerce has determined that: (1) No
objections will be received; and (2) it is warranted to approve an
exclusion for all importers to use.
Specifically, the December 14 rule added a new Supplement No. 2 to
Part 705--General Approved Exclusions (GAEs) for Steel Articles Under
the Section 232 Exclusions Process, and a new Supplement No. 3 to Part
705--General Approved Exclusions (GAEs) for Aluminum Articles under the
Section 232 Exclusions Process. These two supplements identify the
steel and aluminum articles that have been approved for import under a
GAE. The December 14 rule added 108 GAEs for steel articles under
supplement no. 2 to 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, 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 the
determinations that certain aluminum and steel articles may be
authorized under a GAE consistent with the objectives of the Section
232 exclusions process as outlined in supplement no. 1 to part 705.
The GAEs described in these supplements may be used by any
importer. The two 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 supplements no. 2 or no. 3 to
this part. There will be no retroactive relief for GAEs. The December
14 rule also specified 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 supplements no. 2 or no. 3 to part 705.
The December 14 rule specified that 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 either of the two
supplements as warranted to align with the objectives of the Section
232 exclusions process as described in supplement no. 1 to part 705. As
described below, Commerce is making such a revision with the
publication of today's interim final rule by removing 30 of the GAEs.
Commerce may periodically publish notices of inquiry in the Federal
Register soliciting public comments on potential removals, revisions,
or additions to this supplement.
[[Page 70005]]
Why is Commerce publishing this interim final rule?
Commerce is publishing this interim final rule to remove a subset
of GAEs (26 GAEs for steel and 4 GAEs for aluminum) added in the
December 14 rule after public comments on the December 14 rule and
subsequent Commerce analysis of data in the Section 232 Exclusions
Portal identified these HTSUS codes as not meeting the criteria for
inclusion as a GAE. These cases include HTSUS codes with exclusion
requests that recently received objections and/or denials in the
Section 232 Exclusions Portal. Commerce is removing these GAEs in this
interim final rule to ensure that only those GAEs that meet the stated
criteria from the December 14 rule will continue to be included as
eligible GAEs.
What is the key change included in this interim final rule?
This interim final rule is being published to make the following
key change to the Section 232 exclusions process: As described above,
the December 14 rule included adding 123 GAEs. The addition of GAEs
improved the efficiency and effectiveness of the Section 232 exclusions
process for certain steel and aluminum articles under select HTSUS
codes that had not received objections from domestic industry. Commerce
determined that it could authorize imports under GAEs for these
specified articles as defined by HTSUS codes for all importers rather
than requiring each importer to submit an exclusion request.
Subsequently, based on Commerce's review of the public comments
received in response to the December 14 rule and additional analysis
conducted by Commerce of Section 232 submissions, Commerce determined
that a subset of the GAEs added in the December 14 rule do not meet the
criteria for inclusion as a GAE and should therefore be removed.
Commerce is removing these GAEs in today's rule to ensure that only
those GAEs that meet the stated criteria from the December 14 rule will
continue to be included as eligible GAEs. This interim final rule
removes 30 of the GAEs that were added to the regulations in the
December 14 rule, consisting of 26 GAEs for steel (``GAE.3.S:
7220900060,'' ``GAE.7.S: 7227901060,'' ``GAE.14.S: 7215500018,''
``GAE.16.S: 7228501040,'' ``GAE.23.S: 7220206010,'' ``GAE.27.S:
7219320020,'' ``GAE.33.S: 7304515005,'' ``GAE.34.S: 7219330025,''
``GAE.35.S: 7217901000,'' ``GAE.37.S: 7217108030,'' ``GAE.38.S:
7212200000,'' ``GAE.39.S: 7217204560,'' ``GAE.52.S: 7219220040,''
``GAE.53.S: 7219320038,'' ``GAE.54.S: 7219320045,'' ``GAE.55.S:
7219350005,'' ``GAE.56.S: 7219320036,'' ``GAE.60.S: 7225501110,''
``GAE.68.S: 7302101015,'' ``GAE.71.S: 7217304541,'' ``GAE.75.S:
7219210005,'' ``GAE.76.S: 7304293160,'' ``GAE.78.S: 7216400010,''
``GAE.87.S: 7304293180,'' ``GAE.92.S: 7208390015,'' and ``GAE.98.S:
7229200015'') and 4 GAEs for aluminum (``GAE.2.A: 7607205000,''
``GAE.11.A: 7616995170,'' ``GAE.14.A: 7601209095,'' and ``GAE.15.A:
7616995160''). Because these GAEs do not meet the established criteria,
Commerce is publishing this interim final rule to remove these thirty
GAEs. This interim final rule makes no additional changes to the other
93 GAEs that will continue to remain in supplements no. 2 and no. 3.
This revision further ensures the Section 232 exclusions process is
consistent with the rationale for the import restrictions--protecting
U.S. national security--while increasing the efficiency of the
exclusion process.
Public Comments and BIS Responses
The public comment period on the December 14 rule closed on
February 12, 2021. BIS received thirty-five public comments on the
interim final rule.
GAEs That Received Objections and/or Denials
Comment (a)(1): GAEs did not follow the criteria stated in the
December 14 rule because some GAE HTSUS codes received objections and/
or denials. Several comments referenced the criteria Commerce included
in the December 14 rule detailing why certain HTSUS codes were selected
for GAEs. Specifically, these commenters noted that according to the
Department, the ``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.'' These
commenters stated that this is not the case because the GAE list from
the December 14 rule included several HTSUS codes for which domestic
producers submitted an objection, covering more than a dozen GAEs.
These same commenters noted that the GAE list also included several
HTSUS codes for which the Department had denied exclusion requests. For
these reasons, these commenters believe the Department's GAE list is,
therefore, flawed.
BIS response: Commerce will continue to apply the criteria that
were included in the December 14 rule. Commerce agrees that a subset of
GAEs included in the December 14 rule did not meet the stated criteria
for inclusion as a GAE. The criteria in the December 14 rule need to be
followed to ensure that GAEs can be implemented in a way that improves
the efficiency and effectiveness of the Section 232 exclusions process
without undermining the effectiveness of the tariffs and the national
security objectives that the tariffs are attempting to address.
Commerce will act to remove or revise GAE entries once Commerce becomes
aware of GAEs that do not meet the stated criteria for inclusion.
Comment (a)(2): Data from Section 232 Exclusions Portal
demonstrating objections were received. Commenters opposed to the GAEs
highlighted that a review of the Section 232 Exclusions Portal shows
that over 70 exclusion requests involving HTSUS provisions included on
supplements no. 2 and no. 3 in the December 14 rule had objections
filed and, in a number of cases, the requests were denied by Commerce.
Commenters noted that despite these findings the HTSUS codes were
included in the December 14 rule as eligible GAEs. Some of these
commenters included detailed screen shots or other information taken
from the Section 232 Exclusions Portal to support their comments.
BIS response: Commerce agrees with these commenters that the data
in the Section 232 Exclusions Portal indicates that certain HTSUS codes
do not meet the criteria for inclusion on the list of GAEs. As
described below in greater detail, the difference between the stated
criteria in the December 14 rule and the published list of GAEs
occurred due to activity in the Section 232 Exclusions Portal which
occurred after the baseline date used by Commerce for identifying which
HTSUS codes had not received objections and/or denials and thus were
eligible for inclusion as GAEs. As described below, Commerce has made
internal process changes to ensure that the rulemaking process for all
future rules adding new GAEs will include review immediately prior to
publication for any new rule adding additional GAEs.
Comment (a)(3): Including steel or aluminum articles in GAEs that
had received objections and/or denials is unfair and contrary to the
objectives of the Section 232 process. Some commenters indicated that
it is unfair to companies who filed objections, after which the related
exclusion requests were denied, to allow the same steel or aluminum
articles to be eligible for GAEs. These commenters were also
[[Page 70006]]
concerned that not only does granting GAEs for such steel and aluminum
articles allow the company who submitted the exclusion request to
import the steel or aluminum product tariff-free, it also opens the
market to all companies who import that aluminum or steel product.
BIS response: Commerce agrees with these concerns and is addressing
them in this interim final rule.
Changes Made in This Interim Final Rule To Improve the Section 232
Exclusions Process
BIS is suspending 30 out of the 123 GAEs that became effective on
December 29, 2020. This interim final rule implements these 30
suspensions by removing these GAEs from supplements no. 2 and no. 3 to
part 705. Commerce made this determination based on internal review of
exclusions data which indicated that the articles specified in these 30
GAEs require further analysis by the Department. Based on the results
of this analysis, Commerce may reissue these GAEs in whole or in part
with subsequent interim final rules. As noted in the December 14 rule,
Commerce may periodically publish notices of inquiry in the Federal
Register soliciting public comments on potential removals, revisions,
or additions to the two supplements for GAEs. Based on Commerce's
experience with the initial tranche of GAEs, Commerce will likely
publish notices prior to adding additional GAEs to help better inform
Commerce decisions on what HTSUS codes or specific products may warrant
inclusion.
The steel and aluminum articles specified by these 30 GAEs (as
defined by their HTSUS Classifications) will revert to the duties and
treatment previously established under Presidential Proclamations 9704
and 9705 as well as subsequent Proclamations.
Commerce identified 26 steel GAEs and 4 aluminum GAEs for removal
in this interim final rule. Commerce identified these GAEs based on
review of its internal exclusions data in light of public comments
received in response to the December 14 rule highlighting, as noted
above, that articles under certain HTSUS codes were included as GAEs
despite previously receiving objections and/or denials in the Section
232 Exclusions Portal.
Commerce issued the set of 123 GAEs based on its analysis of all of
the exclusion requests received through the Section 232 exclusions
process since its implementation on March 19, 2018. BIS based the GAEs
on the HTSUS codes that had never received an objection during the
first thirty months of the Section 232 exclusions process, on the basis
that the lack of objections indicated either an unwillingness or
inability of domestic objectors to manufacture the articles classified
under the HTSUS codes. Commerce conducted its analysis using data,
drawn on a baseline date of September 12, 2020, from the Section 232
Exclusions Portal. The baseline date provided for thirty months of
Section 232 submissions data covering nearly 240,000 of Section 232
submissions. Based on the quantity and timespan of the data, Commerce
concluded that all 123 HTSUS codes could be implemented as GAEs.
Since publishing the December 14 rule, Commerce has become aware
that exclusion requests for steel and aluminum articles specified by 29
of the GAEs removed by this interim final rule--25 steel GAEs and 4
aluminum GAEs--received objections after September 12, 2020. In some
but not all cases, the Department denied these exclusion requests. BIS
is removing these 29 GAEs to conduct further analysis with updated data
from the Section 232 Exclusions Portal. BIS, based on the results of
this analysis, may reissue these GAEs in whole or part in subsequent
rules. Commerce has also made internal process changes specific to the
timing of data runs to ensure that the baseline date used for
determining new GAEs is as close as possible to when any subsequent
rule that adds or revises the GAEs is published. These internal process
changes will allow Commerce, as needed, to remove GAEs from a rule
prior to publication if it is determined that one or more of the GAEs
(or the HTSUS codes comprising the GAEs) have received objections and/
or denials.
As a conforming change to a recent U.S. International Trade
Commission (ITC) decision, this rule also removes one additional steel
GAE. Specifically, the ITC 484(f) Committee retired HTSUS
Classification 7208390015 (covered by GAE.92.S) effective July 1, 2021.
This rule removes GAE.92.S from the GAE List.
In order to more efficiently address future ITC changes to the
Harmonized Tariff Schedule of the United States, Commerce is adding a
note to supplements no. 2 and no. 3 to specify how GAEs will be treated
when the ITC makes certain changes to the HTSUS Classifications as part
of their routine updates to the HTSUS with revisions (including re-
categorizations), modifications, and removals to/from the HTSUS
Classifications. The note specifies that the list of the HTSUS
Classifications referenced in supplements no. 2 and no. 3 of GAEs is
drawn from the Harmonized Tariff Schedule of the United States
published on the ITC website and ITC Change Records for HTSUS
Classifications (compiled at https://hts.usitc.gov/) and will be
amended when the ITC publishes subsequent Change Records. The note
added to supplements no. 2 and no. 3 specifies that if there are any
discrepancies between the list of the HTSUS Classifications in the GAE
List and the HTSUS Classifications identified by the ITC in the
Harmonized Tariff Schedule of the United States and the associated
Change Records, the ITC's list of HTSUS Classifications shall be
controlling. The new note this rule adds to supplements no. 2 and no. 3
specifies that if an HTSUS Classification defining a GAE is split or
otherwise modified by the ITC in the HTSUS, Commerce will extend the
GAE to the newly created HTSUS Classification(s), so long as the new
`child' HTSUS Classification(s) contain products falling entirely
within the scope of the old `parent' HTSUS Classification. The new note
added to supplements no. 2 and no. 3 also specifies that these types of
`inherited' GAEs will be effective from the effective date of the
change to the HTSUS, even prior to a Commerce rule being published to
add the new HTSUS number to one of the GAE lists under supplements no.
2 or 3. This note being added to supplements no. 2 and no. 3 will allow
Commerce to instruct CBP to retain the GAE in the event of an HTSUS
classification being modified even before Commerce is able to update
and publish a revised GAE list under supplements no. 2 or no. 3. During
the period after the effective date of the change to the HTSUS and
before the GAE is updated, ACE will reject entries claiming the
exclusion with the new HTSUS number and importers will have to make
entry without the exclusion. In order for importers to preserve their
rights, if any, to the exclusion with the new HTSUS number during this
period, the note also advises importers to seek extensions of
liquidation of the affected entries with CBP until Commerce is able to
update and publish a revised GAE list under supplements no. 2 or no. 3.
Commerce has determined that the internal process changes
implemented will address these issues that occurred during the
selection of the GAEs included in the December 14 rule. Additionally,
as stated in the December 14 rule and above, Commerce may publish
notices requesting comments on additions, removals, or modifications of
[[Page 70007]]
GAEs. Commerce will make changes to the GAEs whenever it is warranted
to ensure that U.S. national security interests are protected. The
adoption of the GAEs was an important step for users of steel and
aluminum articles needed for national security applications as has been
noted by many commenters on past Section 232 interim final rules.
However, Commerce will evaluate all changes to the Section 232 program
in light of whether they are improving the effectiveness of the program
and whether or not the changes are consistent with the objectives of
the Section 232 program.
BIS does not anticipate that suspension of these 30 GAEs will
substantially increase the total volume of submitted exclusion requests
in the Section 232 Exclusions Portal. BIS has received 2,109 exclusion
requests from 109 requestors for articles covered by these 30 GAEs in
the Section 232 Exclusions Portal over an approximate two-year period.
BIS estimates that the removal of these 30 GAEs will affect roughly 100
requestors who submit exclusion requests and will lead to the
submission of an additional 1,100 exclusion requests per year in the
Section 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 Federal Register.
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 three 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).
This rule is expected to increase the burden hours for one of the
collections associated with this rule, OMB control number 0694-0139.
This increase is expected because of the removal of 26 GAEs for steel
and 4 GAEs for aluminum, which is expected to result in an increase of
1,100 exclusion request submissions per year. These removals are
estimated to result in a twenty percent reduction in the burden and
costs savings described in the December 14 rule. These GAE removals are
expected to be an increase in 1,100 burden hours for a total cost
increase of 162,800 dollars to the public. There is also expected to be
an increase in 6,600 burden hours for a total cost increase of 257,000
dollars to the U.S. Government. As Commerce asserted in the December 14
rule that the steel and aluminum articles identified as being eligible
for GAEs, including those being removed in today's rule, had not
received any objections, the addition of those new GAEs was not
estimated to result in a decrease in the number of objections,
rebuttals, or surrebuttals received by BIS. As described elsewhere in
this rule, the GAEs removed in today's interim final rule did receive
objections and/or denials and therefore warrant removal at this time.
Because the December 14 rule did not make any adjustments to the
collections for objections, rebuttals, or surrebuttals, the removal of
these GAEs is estimated to result in no change in the burden associated
with the other two collections. Commerce Department intends to provide
separate 60-day notice in the Federal Register requesting public
comment on the information collections contained within this rule.
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, June 10, and December 14 rules and is
continuing the 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 December 14 rule and
Commerce's experience with managing the Section 232 exclusions process.
In the December 14 rule, Commerce took what many commenters
characterized as a significant step to improve the efficiency and
effectiveness of the Section 232 exclusions process by adding General
Approved Exclusions (GAEs). The GAEs are an effort to improve the
efficiency and effectiveness of the Section 232 exclusions process
while not undermining the national security objectives of the tariffs
by adopting a more efficient authorization mechanism for certain steel
and aluminum articles that had not received objections over an extended
period of time and with many exclusion requests being submitted for the
specified articles. Many commenters on the earlier Section 232 rules
requested that Commerce create a type of general approval that could be
used by any importer. These commenters on the earlier Section 232
rules, as well as on December 14 rule, indicated that such general
approvals would be important to minimize the negative impacts of the
tariffs and the inefficiencies of the Section 232 exclusions process,
which these commenters indicated was undermining U.S. national security
and economic security because of the difficulty and increased costs
involved in obtaining needed steel and aluminum
[[Page 70008]]
articles, including in certain cases for U.S. defense applications.
Commerce took a deliberative approach in identifying what HTSUS codes
could be considered for inclusion as GAEs and specified criteria in the
December 14 rule to explain how the adoption of these GAEs would not
undermine the national security objectives of the Section 232 process
and would instead help to protect U.S. national security and economic
security by improving the efficiency and effectiveness of the Section
232 exclusions process. Some commenters on the December 14 rule
identified the implementation of the GAEs as an area where the
transparency, effectiveness, and fairness of the process was improved.
However, other commenters on the December 14 rule raised concerns
with the addition of the GAEs, in particular raising concerns that the
addition would directly undermine U.S. national security and the
objectives of the Section 232 exclusions process. These commenters on
the December 14 rule highlighted that Commerce was not being consistent
with the criteria Commerce used for justifying adding the GAEs.
Therefore, these commenters noted that the addition of these GAEs had
the potential to significantly undermine the national security
objectives. These commenters also took issue with Commerce's claim that
these GAEs would not negatively impact U.S. national security when
describing the rationale for adding these GAEs. Comments received for
the December 14 rule in this area primarily focused on the creation of
specific GAEs containing articles for which exclusion requests had
previously received objections and/or been denied. These commenters
noted that for the addition of this subset of GAEs, regardless of the
merits or rationale for adding the other GAEs, there was a disconnect
with Commerce's stated criteria from the December 14 rule. Therefore,
this subset of 29 GAEs must be removed from the regulations.
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.
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, June 10, and December 14 rules, and is taking the
next step in improving the Section 232 exclusions process by making
needed changes with the publication of today's rule, so as not to
undermine the national security objectives for which the December 14
rule added the GAEs to the regulations. 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 subsequent
rules further improved specific aspects of the Section 232 exclusions
process. The publication of today's rule makes needed changes in the
Section 232 exclusions process to create the type of fair, transparent,
and efficient process that was intended in the March 19, September 11,
June 10, and December 14 rules, but commenters noted that the specific
subset of GAEs that contained steel or aluminum articles for which
exclusion requests had received objections and/or been denied. Today's
rule makes critical changes to further ensure a fair, transparent, and
efficient exclusion process by ensuring the GAEs that remain in the
regulations are consistent with the objectives of the Section 232
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 to the GAE process and
could face significant economic hardship, which could potentially
create a detrimental effect on the general U.S. economy and national
security. Comments received on the December 14 rule that were critical
of the GAEs were clear that the removal of GAEs that consisted of HTSUS
codes that received objections and/or denials under the Section 232
process was needed. Commenters noted that failure to provide this
additional improvement could allow the ``floodgates'' to open for
imports of those articles, and that the influx of such articles could
undermine the efficiency of the Section 232 process. Commenters also
noted that if this specific improvement is not made, significant
economic consequences could occur. Given the imports of these articles
have already been objected to and/or denied in exclusion requests under
the Section 232 process for national security reasons, allowing these
specific GAEs to exist could undermine other critical U.S. national
security interests.
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:
[[Page 70009]]
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. In part 705, amend Supplement No. 2 by revising the supplement
heading and the table to read as follows:
Supplement No. 2 to Part 705--GENERAL APPROVED EXCLUSIONS (GAEs) FOR
STEEL ARTICLES UNDER THE SECTION 232 EXCLUSIONS PROCESS
* * * * *
----------------------------------------------------------------------------------------------------------------
Description of steel that
may be imported (at 10- Other
digit harmonized tariff limitations
schedule of the United (e.g., country Federal Register
GAE Identifier States (HTSUS) of import or citation
statistical reporting quantity
number or more narrowly allowed)
defined at product level)
----------------------------------------------------------------------------------------------------------------
GAE.1.S: 7304592030...................... 7304592030. TUBES/PIPES/ ................ 85 FR 81079, 12/14/2020.
HLLW PRFLS OTH ALLOY 86 FR [INSERT FR PAGE
STL, SMLESS, CIRC CS, NUMBER] December 9,
OTHER THAN COLD-DRAWN/ 2021.
COLD-ROLLED (COLD-
REDUCED), SUITABLE FOR
BOILERS ETC, HEAT-
RESISTING STL.
GAE.2.S: 7304592080...................... 7304592080. TUBES/PIPES/H ................ 85 FR 81079, 12/14/2020.
PRFLS ALLOY STL, SMLSS, 86 FR [INSERT FR PAGE
CIRC CS, OTHER THAN COLD- NUMBER] December 9,
DRAWN/COLD-ROLLED (COLD- 2021.
REDUCED), SUIT FOR
BOILERS ETC, NOT HT-RSST
STL, OS DIAMETER
>406.4MM.
GAE.4.S: 7222406000...................... 7222406000. ANGLES SHAPES ................ 85 FR 81079, 12/14/2020.
AND SECTIONS STAINLESS 86 FR [INSERT FR PAGE
STEEL, OTHER THAN HOT NUMBER] December 9,
ROLLED, NOT DRILLED, NOT 2021.
PUNCHED, AND NOT
OTHERWISE ADVANCED.
GAE.5.S: 7306901000...................... 7306901000. OTH TUBES/ ................ 85 FR 81079, 12/14/2020.
PIPES/HOLLOW PROFILES 86 FR [INSERT FR PAGE
IRON/NONALLOY STL, NUMBER] December 9,
RIVETED/SIMILARLY CLOSED 2021.
(NOT WELDED).
GAE.6.S: 7212600000...................... 7212600000. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
IRON/NONALLOY STL, WDTH 86 FR [INSERT FR PAGE
<600MM, CLAD. NUMBER] December 9,
2021.
GAE.8.S: 7220207060...................... 7220207060. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WDTH 86 FR [INSERT FR PAGE
<300MM, NFW THAN COLD- NUMBER] December 9,
RLD (COLD-REDUCED), 2021.
THICKNESS >0.25MM BUT /= 0.6% NUMBER] December 9,
CARBON, NOT HEAT- 2021.
TREATED, OS DIAMETER
<1.0MM.
GAE.12.S: 7226923060..................... 7226923060. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
OTH ALLOY STL, WDTH 86 FR [INSERT FR PAGE
<300MM, NFW THAN COLD- NUMBER] December 9,
RLD (COLD-REDUCED), TOOL 2021.
STEEL OTH THAN HIGH-
SPEED, OTHER THAN BALL-
BEARING STEEL.
GAE.13.S: 7229905010..................... 7229905016. ROUND WIRE ................ 85 FR 81079, 12/14/2020.
OTHER ALLOY STL, OS 86 FR [INSERT FR PAGE
DIAMETER <1.0MM. NUMBER] December 9,
2021.
GAE.15.S: 7304598060..................... 7304598060. TUBES/PIPES/ ................ 85 FR 81079, 12/14/2020.
HLLW PRFLS OTH ALLOY 86 FR [INSERT FR PAGE
STL, SMLESS, CIRC CS, NUMBER] December 9,
OTHER THAN COLD-DRAWN/ 2021.
COLD-ROLLED (COLD-
REDUCED), OS DIAMETER
>285.8MM BUT <406MM,
WALL THK <12.7MM.
GAE.17.S: 7304246030..................... 7304246030. TUBING (OIL/ ................ 85 FR 81079, 12/14/2020.
GAS DRILLING) STAINLESS 86 FR [INSERT FR PAGE
STL, SEAMLESS, OS NUMBER] December 9,
DIAMETER 9.5MM.
GAE.18.S: 7229905031..................... 7229905031. ROUND WIRE ................ 85 FR 81079, 12/14/2020.
OTHER ALLOY STL, WITH OS 86 FR [INSERT FR PAGE
DIAMETER >/= 1.0MM BUT NUMBER] December 9,
<1.5MM. 2021.
GAE.19.S: 7304598010..................... 7304598010. TUBES/PIPES/ ................ 85 FR 81079, 12/14/2020.
HOLLOW PROFILES OTH 86 FR [INSERT FR PAGE
ALLOY STL, SEAMLESS, NUMBER] December 9,
CIRC CS, OTHER THAN COLD- 2021.
DRAWN/COLD-ROLLED (COLD-
REDUCED), NOT HEAT-
RESISTANT, OS DIAMETER
<38.1MM.
GAE.20.S: 7219310010..................... 7219310010. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WDTH >/= 86 FR [INSERT FR PAGE
600MM, NFW THAN COLD-RLD NUMBER] December 9,
(COLD-REDUCED), THK >/= 2021.
4.75MM, COILS.
[[Page 70010]]
GAE.21.S: 7304598045..................... 7304598045. TUBES/PIPES/ ................ 85 FR 81079, 12/14/2020.
HLLW PRFLS OTH ALLOY 86 FR [INSERT FR PAGE
STL, SMLESS, CIRC CS, NUMBER] December 9,
OTHER THAN COLD-DRAWN/ 2021.
COLD-ROLLED (COLD-
REDUCED), NOT HEAT-
RESISTANT, OS DIAMETER >/
= 190.5MM BUT /= 300MM BUT <600MM, NUMBER] December 9,
NOT CLAD/PLATED/COATED, 2021.
NFW THAN COLD-RLD (COLD-
REDUCED), >/= 0.25%
CRBN, THK 1575MM, HOT-RLD, COILS, NUMBER] December 9,
THK >6.8MM BUT <10MM. 2021.
GAE.28.S: 7304243010..................... 7304243010. CASING (OIL/ ................ 85 FR 81079, 12/14/2020.
GAS DRILLING) STAINLESS 86 FR [INSERT FR PAGE
STL, SEAMLESS, THREADED/ NUMBER] December 9,
COUPLED, OS DIAMETER 2021.
<215.9MM, WALL THK
<12.7MM.
GAE.29.S: 7219220035..................... 7219220035. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, THICKNESS 86 FR [INSERT FR PAGE
>/= 4.75MM BUT <10MM, NUMBER] December 9,
WIDTH >/= 600MM BUT 2021.
<1575MM, HOT-RLD, NOT
COILS, THK 4.75-10MM,
>0.5% NICKEL.
GAE.30.S: 7222403085..................... 7222403085. SHAPES/ ................ 85 FR 81079, 12/14/2020.
SECTIONS STAINLESS STL, 86 FR [INSERT FR PAGE
HOT-RLD, NOT DRILLED/ NUMBER] December 9,
PUNCHED/ADVANCED, MAX 2021.
CROSS SECTION <80MM.
GAE.31.S: 7222403045..................... 7222403045. SHAPES/ ................ 85 FR 81079, 12/14/2020.
SECTIONS STAINLESS STL, 86 FR [INSERT FR PAGE
HOT-RLD, NOT DRILLED/ NUMBER] December 9,
PUNCHED/ADVANCED, MAX CS 2021.
>/= 80MM.
GAE.32.S: 7219110060..................... 7219110060. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WDTH 86 FR [INSERT FR PAGE
>1575MM, HOT-RLD, COILS, NUMBER] December 9,
THK >10MM. 2021.
GAE.36.S: 7219110030..................... 7219110030. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WIDTH >/= 86 FR [INSERT FR PAGE
600MM BUT <1575MM, HOT- NUMBER] December 9,
RLD, COILS, THK >10MM. 2021.
GAE.40.S: 7220206060..................... 7220206060. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WDTH 86 FR [INSERT FR PAGE
<300MM, NFW THAN COLD- NUMBER] December 9,
RLD (COLD-REDUCED), THK 2021.
>1.25MM, 0.6% NUMBER] December 9,
CARBON, HEAT-TREATED, OS 2021.
DIAMETER <1.0MM.
GAE.42.S: 7220121000..................... 7220121000. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WIDTH >/= 86 FR [INSERT FR PAGE
300MM BUT <600MM, HOT- NUMBER] December 9,
RLD, THK <4.75MM. 2021.
GAE.43.S: 7209900000..................... 7209900000. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
IRON/NONALLOY STL, WDTH 86 FR [INSERT FR PAGE
>/= 600MM, COLD-RLD, NOT NUMBER] December 9,
CLAD/PLATED/COATED, 2021.
WHETHER OR NOT IN COILS.
GAE.44.S: 7213913020..................... 7213913020. BARS/RODS ................ 85 FR 81079, 12/14/2020.
IRON/NA STL, IRR COILS, 86 FR [INSERT FR PAGE
HOT-RLD, CIRC CS, OS NUMBER] December 9,
DIAMETER <14MM, NOT 2021.
TEMPRD/TREATD/PARTLY
MFTD, WELDING QUALITY
WIRE ROD.
GAE.45.S: 7306617060..................... 7306617060. OTH TUBES/ ................ 85 FR 81079, 12/14/2020.
PIPES/HOLLOW PROFILES 86 FR [INSERT FR PAGE
OTH ALLOY STL (NOT NUMBER] December 9,
STAINLESS), WELDED, SQ/ 2021.
RECT CS, WALL THK <4MM.
GAE.46.S: 7216330090..................... 7216330090. H SECTIONS ................ 85 FR 81079, 12/14/2020.
IRON/NONALLOY STL, HOT- 86 FR [INSERT FR PAGE
RLD/DRWN/EXTRD, HEIGHT >/ NUMBER] December 9,
= 80MM. 2021.
GAE.47.S: 7217905030..................... 7217905030. WIRE IRON/ ................ 85 FR 81079, 12/14/2020.
NONALLOY STL, NOT PLATED/ 86 FR [INSERT FR PAGE
COATED WITH BASE METALS NUMBER] December 9,
OR PLASTICS, <0.25% 2021.
CARBON.
GAE.48.S: 7226923030..................... 7226923030. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
OTH ALLOY STL, WDTH 86 FR [INSERT FR PAGE
<300MM, NFW THAN COLD- NUMBER] December 9,
RLD (COLD-REDUCED), TOOL 2021.
STEEL OTH THAN HIGH-
SPEED, BALL-BEARING STL.
[[Page 70011]]
GAE.49.S: 7219120051..................... 7219120051. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WIDTH >/= 86 FR [INSERT FR PAGE
1370MM BUT <1575MM, HOT- NUMBER] December 9,
RLD, COILS, THICKNESS >/ 2021.
= 4.75MM BUT <6.8MM.
GAE.50.S: 7227906020..................... 7227906020. BARS/RODS ................ 85 FR 81079, 12/14/2020.
OTHER ALLOY STL, IRR 86 FR [INSERT FR PAGE
COILS, HOT-RLD, NOT TOOL NUMBER] December 9,
STL, WELDING QUALITY 2021.
WIRE RODS.
GAE.51.S: 7217905090..................... 7217905090. WIRE IRON/ ................ 85 FR 81079, 12/14/2020.
NONALLOY STL, NOT PLATED/ 86 FR [INSERT FR PAGE
COATED WITH BASE METALS NUMBER] December 9,
OR PLASTICS, >/= 0.6% 2021.
CARBON.
GAE.57.S: 7304901000..................... 7304901000. TUBES/PIPES/ ................ 85 FR 81079, 12/14/2020.
HOLLOW PROFILES IRON/ 86 FR [INSERT FR PAGE
NONALLOY STL, SEAMLESS, NUMBER] December 9,
NONCIRCULAR CROSS 2021.
SECTION, WALL THK >/=
4MM.
GAE.58.S: 7304390002..................... 7304390002. TUBES/PIPES/ ................ 85 FR 81079, 12/14/2020.
HLLW PRFLS IRON/NA STL, 86 FR [INSERT FR PAGE
SMLESS, CIRC CS, OTHER NUMBER] December 9,
THAN COLD-DRAWN/COLD- 2021.
ROLLED (COLD-REDUCED),
SUITABLE FOR BOILERS
ETC, OS DIAMETER <38.1MM.
GAE.59.S: 7219120071..................... 7219120071. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WDTH 86 FR [INSERT FR PAGE
>600MM BUT <1370MM, HOT- NUMBER] December 9,
RLD, COILS, THICKNESS >/ 2021.
= 4.75MM BUT <10MM, NOT
HIGH-NICKEL ALLOY, >0.5%
NICKEL, /=
5% MOLYBDENUM.
GAE.61.S: 7217905060..................... 7217905060. WIRE IRON/ ................ 85 FR 81079, 12/14/2020.
NONALLOY STL, PLATED/ 86 FR [INSERT FR PAGE
COATED, >0.25% BUT <0.6% NUMBER] December 9,
CARBON. 2021.
GAE.62.S: 7220125000..................... 7220125000. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WDTH 86 FR [INSERT FR PAGE
<300MM, HOT-RLD, THK NUMBER] December 9,
<4.75MM. 2021.
GAE.63.S: 7226928005..................... 7226928005. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
OTH ALLOY STL, WDTH 86 FR [INSERT FR PAGE
<300MM, NFW THAN COLD- NUMBER] December 9,
RLD (COLD-REDUCED), NOT 2021.
TOOL STL, THK >0.25MM,
HIGH-NICKEL ALLOY STL.
GAE.64.S: 7217106000..................... 7217106000. OTHER WIRE ................ 85 FR 81079, 12/14/2020.
IRON/NONALLOY STL, NOT 86 FR [INSERT FR PAGE
PLATED/COATED, <0.25% NUMBER] December 9,
CARBON. 2021.
GAE.65.S: 7219120021..................... 7219120021. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WIDTH >/= 86 FR [INSERT FR PAGE
1370MM BUT 6.8MM BUT /= 215.9MM BUT
/
= 12.7MM.
GAE.69.S: 7304413005..................... 7304413005. TUBES/PIPES/ ................ 85 FR 81079, 12/14/2020.
HOLLOW PRFLS STAINLESS 86 FR [INSERT FR PAGE
STL, SEAMLESS, CIRC CS, NUMBER] December 9,
COLD-DRWN/RLD (COLD- 2021.
REDUCED), OS DIAMETER
<19MM, HIGH-NICKEL ALLOY
STL.
GAE.70.S: 7215500090..................... 7215500090. OTHER BARS/ ................ 85 FR 81079, 12/14/2020.
RODS IRON/NONALLOY STL, 86 FR [INSERT FR PAGE
COLD-FORMED/FINISHED, NUMBER] December 9,
NOT COILS, >/= 0.6% 2021.
CARBON.
GAE.72.S: 7227200030..................... 7227200030. BARS/RODS ................ 85 FR 81079, 12/14/2020.
SILICO-MANGANESE STL, 86 FR [INSERT FR PAGE
IRR COILS, HOT-RLD, NUMBER] December 9,
WELDING QUALITY WIRE 2021.
RODS, STAT NOTE 6.
GAE.73.S: 7306697060..................... 7306697060. OTH TUBES/ ................ 85 FR 81079, 12/14/2020.
PIPES/HOLLOW PROFILES 86 FR [INSERT FR PAGE
OTH ALLOY STL (NOT NUMBER] December 9,
STAINLESS), WELDED, OTH 2021.
NONCIRCULAR CS, WALL THK
<4MM.
GAE.74.S: 7302101045..................... 7302101045. RAILS IRON/ ................ 85 FR 81079, 12/14/2020.
NONALLOY STL, NEW, HEAT 86 FR [INSERT FR PAGE
TREATED, >30KG/M. NUMBER] December 9,
2021.
GAE.77.S: 7305316090..................... 7305316090. OTHER TUBES/ ................ 85 FR 81079, 12/14/2020.
PIPES ALLOY STL, CIRC 86 FR [INSERT FR PAGE
CS, OS DIAMETER NUMBER] December 9,
>406.4MM, NOT LINE PIPE 2021.
OR CASING (OIL/GAS),
LONGITUDINALLY WELDED,
NOT TAPERED PIPES/TUBES,
NON-STAINLESS ALLOY
STEEL.
[[Page 70012]]
GAE.79.S: 7226990110..................... 7226990110. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
OTH ALLOY STL, WDTH 86 FR [INSERT FR PAGE
<600MM, ELECTROLYTICALLY NUMBER] December 9,
PLATD/COATD W/ZINC, NOT 2021.
GRAIN ORIENTED, NOT OF
HIGH-SPEED STEEL,
FURTHER WORKED THAN HOT-
ROLLED OR COLD-ROLLED.
GAE.80.S: 7225506000..................... 7225506000. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
OTH ALLOY STL, WDTH >/= 86 FR [INSERT FR PAGE
600MM, COLD-RLD, THK >/= NUMBER] December 9,
4.75MM, NOT OF TOOL 2021.
STEEL.
GAE.81.S: 7304905000..................... 7304905000. TUBES/PIPES/ ................ 85 FR 81079, 12/14/2020.
HOLLOW PROFILES IRON/ 86 FR [INSERT FR PAGE
NONALLOY STL, SEAMLESS, NUMBER] December 9,
NOT CIRCULAR CS, WALL 2021.
THK <4MM.
GAE.82.S: 7219220005..................... 7219220005. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WDTH >/= 86 FR [INSERT FR PAGE
600MM, HOT-RLD, NOT NUMBER] December 9,
COILS, THICKNESS >/= 2021.
4.75MM BUT 2 KG.
GAE.84.S: 7209270000..................... 7209270000. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
IRON/NONALLOY STL, WDTH 86 FR [INSERT FR PAGE
>/= 600MM, COLD-RLD, NOT NUMBER] December 9,
CLAD/PLATED/COATED, NOT 2021.
COILS, THK 0.5-1MM.
GAE.85.S: 7219900060..................... 7219900060. OTHER FLAT- ................ 85 FR 81079, 12/14/2020.
ROLLED STAINLESS STL, 86 FR [INSERT FR PAGE
WDTH >/= 600MM, FURTHER NUMBER] December 9,
WORKED THAN COLD-RLD, /= 86 FR [INSERT FR PAGE
600MM BUT <1370MM, HOT- NUMBER] December 9,
RLD, COILS, NOT HIGH- 2021.
NICKEL ALLOY, THICKNESS
>/= 4.75MM BUT.
GAE.88.S: 72241000005.................... 7224100005. INGOTS AND ................ 85 FR 81079, 12/14/2020.
OTHER PRIMARY FORMS OF 86 FR [INSERT FR PAGE
HIGH-NICKEL ALLOY STEEL. NUMBER] December 9,
2021.
GAE.89.S: 7213200080..................... 7213200080. BARS/RODS ................ 85 FR 81079, 12/14/2020.
IRON/NONALLOY STL, HOT- 86 FR [INSERT FR PAGE
RLD, IRR COILS, FREE- NUMBER] December 9,
CUTTING STL, <0.1% LEAD. 2021.
GAE.90.S: 7216100010..................... 7216100010. U SECTIONS ................ 85 FR 81079, 12/14/2020.
IRON/NONALLOY STL, HOT- 86 FR [INSERT FR PAGE
ROLLED/DRAWN/EXTRUDED, NUMBER] December 9,
HEIGHT <80MM. 2021.
GAE.91.S: 7306695000..................... 7306695000. OTH TUBES/ ................ 85 FR 81079, 12/14/2020.
PIPES/HOLLOW PROFILES 86 FR [INSERT FR PAGE
IRON/NONALLOY STL, NUMBER] December 9,
WELDED, OTH NONCIRCULAR 2021.
CS, WALL THK <4MM.
GAE.93.S: 7208380015..................... 7208380015. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
IRON/NA STL, WDTH >/= 86 FR [INSERT FR PAGE
600MM, HOT-RLD, NOT CLAD/ NUMBER] December 9,
PLATED/COATED, COILS, 2021.
THICKNESS >/= 3MM BUT
<4.75MM, HIGH-STRENGTH
STL.
GAE.94.S: 7217104090..................... 7217104090. ROUND WIRE ................ 85 FR 81079, 12/14/2020.
IRON/NONALLOY STL, NOT 86 FR [INSERT FR PAGE
PLATED/COATED, <0.25% NUMBER] December 9,
CARBON, OS DIAMETER 2021.
<1.5MM, NOT HEAT-TREATED.
GAE.95.S: 7302105020..................... 7302105020. RAILS OF ................ 85 FR 81079, 12/14/2020.
ALLOY STEEL, NEW. 86 FR [INSERT FR PAGE
NUMBER] December 9,
2021.
GAE.96.S: 7210706030..................... 7210706030. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
IRON/NA STL, WDTH >/= 86 FR [INSERT FR PAGE
600MM, PAINTD/VARNSHD/ NUMBER] December 9,
COATD W/PLASTICS, 2021.
ELECTROLYTICALLY PLATD/
COATD W/ZINC.
GAE.97.S: 7304244060..................... 7304244060. CASING (OIL/ ................ 85 FR 81079, 12/14/2020.
GAS DRILLING) STAINLESS 86 FR [INSERT FR PAGE
STL, SEAMLESS, NOT NUMBER] December 9,
THREADED/COUPLED, OS 2021.
DIAMETER >285.8MM BUT /
=12.7MM.
GAE.99.S: 7304243040..................... 7304243040. CASING (OIL/ ................ 85 FR 81079, 12/14/2020.
GAS DRILLING) STAINLESS 86 FR [INSERT FR PAGE
STL, SEAMLESS, THREADED/ NUMBER] December 9,
COUPLED, OS DIAMETER >/= 2021.
215.9MM BUT /=12.7MM.
GAE.100.S: 7304243020.................... 7304243020. CASING (OIL/ ................ 85 FR 81079, 12/14/2020.
GAS DRILLING) STAINLESS 86 FR [INSERT FR PAGE
STL, SEAMLESS, THREADED/ NUMBER] December 9,
COUPLED, OS DIAMETER 2021.
<215.9MM, WALL THK >/=
12.7MM.
GAE.101.S: 7219130081.................... 7219130081. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, WIDTH >/= 86 FR [INSERT FR PAGE
600MM BUT <1370MM, NFW NUMBER] December 9,
THAN HOT-RLD, COILS, 2021.
ANNEALED OR PICKLED,
THICKNESS >/= 3MM BUT
<4.75MM, <0.5% OR >24%
NICKEL.
[[Page 70013]]
GAE.102.S: 7211140090.................... 7211140090. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
IRON/NONALLOY STL, WDTH 86 FR [INSERT FR PAGE
<600MM, NOT CLAD/PLATED/ NUMBER] December 9,
COATED, NFW THAN HOT- 2021.
RLD, NOT UNIVERSAL MILL
PLATE, THK >/= 4.75MM,
NOT HIGH-STRENGTH STEEL,
COILS.
GAE.103.S: 7218910030.................... 7218910030. SEMIFINISHED ................ 85 FR 81079, 12/14/2020.
STAINLESS STL, 86 FR [INSERT FR PAGE
RECTANGULAR CROSS NUMBER] December 9,
SECTION, WDTH <4X THK, 2021.
CS AREA >/= 232 CM2.
GAE.104.S: 7306213000.................... 7306213000. CASING (OIL/ ................ 85 FR 81079, 12/14/2020.
GAS DRILLING) STAINLESS 86 FR [INSERT FR PAGE
STL, WELDED, THREADED/ NUMBER] December 9,
COUPLED. 2021.
GAE.105.S: 7211234500.................... 7211234500. FLAT-ROLLED ................ 85 FR 81079, 12/14/2020.
IRON/NONALLOY STL, WDTH 86 FR [INSERT FR PAGE
<300MM, NOT CLAD/PLATED/ NUMBER] December 9,
COATED, NFW THAN COLD- 2021.
RLD (COLD-REDUCED),
<0.25% CRBN, THK 1.25MM, NOT HIGH-NICKEL
ALLOY, /= 15% CHROMIUM.
GAE.107.S: 7305391000.................... 7305391000. OTHER TUBES/ ................ 85 FR 81079, 12/14/2020.
PIPES IRON/NONALLOY STL, 86 FR [INSERT FR PAGE
CIRC CS, OS DIAMETER NUMBER] December 9,
>406.4MM, WELDED, OTHER 2021.
THAN LONGITUDALLY WELDED.
GAE.108.S: 7217204550.................... 7217204550. ROUND WIRE ................ 85 FR 81079, 12/14/2020.
IRON/NONALLOY STL, 86 FR [INSERT FR PAGE
PLATED/COATED WITH ZINC, NUMBER] December 9,
OS DIAMETER >/= 1.0MM 2021.
BUT <1.5MM, >/= 0.25%
BUT <0.6% CARBON.
----------------------------------------------------------------------------------------------------------------
Note to Supplement No. 2: Harmonized Tariff Schedule of the United
States (HTSUS) Classifications are identified by the U.S. International
Trade Commission (ITC) through its web version of the Harmonized Tariff
Schedule. The list of the HTSUS Classifications referenced in this
table of GAEs is drawn from the HTSUS and ITC Change Records for HTSUS
Classifications (compiled at https://hts.usitc.gov/) and will be
amended when the ITC publishes subsequent Change Records. If there are
any discrepancies between the list of the HTSUS Classifications in this
table and the HTSUS Classifications identified by the ITC in the
Harmonized Tariff Schedule of the United States and the associated
Change Records, the ITC's list of HTSUS Classifications shall be
controlling. Therefore, if an HTSUS Classification defining a GAE is
split or otherwise modified by the ITC in the HTSUS, GAEs are extended
to the newly-created HTSUS Classification(s), so long as the new
`child' HTSUS Classification(s) contain products falling entirely
within the scope of the old `parent' HTSUS classification. These types
of `inherited' GAEs are effective from the effective date of the change
to the HTSUS, even prior to a Commerce rule being published to add the
new HTSUS number to the GAE list under supplement no. 2. During the
period after the effective date of the change to the HTSUS and before
the GAE is updated, ACE will reject entries claiming the exclusion with
the new HTSUS number and importers will have to make entry without the
exclusion. In order for importers to preserve their rights, if any, to
the exclusion with the new HTSUS number during this period, importers
are advised to seek extensions of liquidation of the affected entries
with CBP until Commerce is able to update and publish a revised GAE
list under this supplement no. 2.
0
3. In part 705, amend Supplement No. 3 by revising the supplement
heading and the table to read as follows:
Supplement No. 3 to Part 705--GENERAL APPROVED EXCLUSIONS (GAEs) FOR
ALUMINUM ARTICLES UNDER THE SECTION 232 EXCLUSIONS PROCESS
* * * * *
----------------------------------------------------------------------------------------------------------------
Description of aluminum
that may be imported
(at 10-digit
Harmonized) Tariff Other limitations
Schedule of the United (e.g., country of Federal Register
GAE Identifier States (HTSUS) import or quantity citation
statistical reporting allowed)
number or more narrowly
defined at product
level)
----------------------------------------------------------------------------------------------------------------
GAE.1.A: 7609000000.................. 7609000000. ALUMINUM ....................... 85 FR 81083, 12/14/
TUBE OR PIPE FITTINGS 2020. 86 FR [INSERT FR
(COUPLINGS, ELBOWS, PAGE NUMBER] December
SLEEVES). 9, 2021.
[[Page 70014]]
GAE.3.A: 7607196000.................. 7607196000. ALUMINUM ....................... 85 FR 81083, 12/14/
FOIL OF THICKNESS PAGE NUMBER] December
0.2MM, RECTANGULAR 9, 2021.
(INCLUDING SQUARE),
NOT ALLOYED, CLAD.
GAE.8.A: 7605290000.................. 7605290000. ALUMINUM ....................... 85 FR 81083, 12/14/
WIRE ALLOY, MAXIMUM 2020. 86 FR [INSERT FR
CROSS-SECTIONAL PAGE NUMBER] December
DIMENSION 0.01 MM AND https://hts.usitc.gov/)
and will be amended when the ITC publishes subsequent Change Records.
If there are any discrepancies between the list of HTSUS
Classifications in this table and the HTSUS Classifications identified
by the ITC in the Harmonized Tariff Schedule of the United States and
the associated Change Records, the ITC's list of HTSUS Classifications
shall be controlling. Therefore, if an HTSUS Classification defining a
GAE is split or otherwise modified by the ITC in the HTSUS, GAEs are
extended to the newly-created HTSUS Classification(s), so long as the
new `child' HTSUS Classification(s) contain products falling entirely
within the scope of the old `parent' HTSUS classification. These types
of `inherited' GAEs are effective from the effective date of the change
to the HTSUS, even prior to a Commerce rule being published to add the
new HTSUS number to the GAE list under this supplement no. 3. During
the period after the effective date of the change to the HTSUS and
before the GAE is updated, ACE will reject entries claiming the
exclusion with the new HTSUS number and importers will have to make
entry without the exclusion. In order for importers to preserve their
rights, if any, to the exclusion with the new HTSUS number during this
period, importers are advised to seek extensions of liquidation of the
affected entries with CBP until Commerce is able to update and publish
a revised GAE list under this supplement no. 3.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-26634 Filed 12-8-21; 8:45 am]
BILLING CODE 3510-33-P
