From the National Association of Manufacturers

On Wednesday, Aug. 29, President Trump issued additional section 232 steel and aluminum proclamations with the following adjustments:

• Product Exclusion Opportunities for Imports from Quota Countries: Both proclamations provide an opportunity for U.S. companies to request exclusions for products not made or avaialable in sufficient quantities that they are seeking to import from quota countries (Argentina, Brazil and South Korea). Exclusions would be granted on the same basis as with the existing product exclusion process set up imports subject to tariffs, not quotas.
• Special Rule for Pre-Existing Contracts with Steel Quota Countries: The steel proclamation provides an opportunity for companies that have certain contracts for purchases from a steel quota country where the contract was entered into before March 8, 2018 and other requriements are met to seek an exclusion from the quota. Where the quota has been filled and an exemption is granted, the imports would be subject to the 25 percent tariff on steel applicable to imports from non-quota countries.
•       Expansion of Retroactivity for All Exclusion Requests: The proclamations also provide that product exclusions granted under these or the original proclamations setting tariffs on imports of steel and aluminum will be retroactive from the date “the request for relief was accepted by the Department of Commerce.” This is somewhat different from the original process for exclusions set out in the Commerce Department’s interim final rule, that provided exclusions would be retroactive to five days after the Commerce Department’s approval was posted on www.regulations.gov.