CBP will on Feb. 15 begin deactivating some Section 232 exclusions when they reach 95% of capacity, addressing concerns in a recent Government Accountability Office report that duties were going unpaid because the agency was letting importers exceed their exclusion limits (see 2307210064).
Section 232 Exclusions
Companies that import steel and aluminum goods that are subject to Section 232 tariffs may seek exclusions from these tariffs for their products with the Commerce Department's Bureau of Industry and Security. Oftentimes, these exclusion requests will be rejected, particularly where a domestic U.S. steel or aluminum company can demonstrate that they are capable of making the importer's products in sufficient quantity and quality. After an exclusion request has been denied, the importer challenge this decision at the Court of International Trade. Frequently, these challenges will be referred to mediation before a CIT judge, however, cases that proceed to litigation will involve evidentiary disputes regarding the U.S. companies' manufacturing capacity and quality.
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