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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 202482
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 705General 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 todays 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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