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DOC/BIS RIN: 0694-AH55 Publication ID: Spring 2021 
Title: Removal of Certain General Approved Exclusions (GAEs) under the Section 232 Steel and Aluminum Tariff Exclusions Process 
Abstract:

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 (232”), as well as a May 26, 2020 notice of inquiry. The December 14 rule included adding 123 General Approved Exclusions (GAEs) to the regulations. The addition of GAEs was an important step in improving the efficiency and effectiveness of the 232 exclusions process for certain Harmonized Tariff Schedule of the United States (HTSUS) codes for steel and aluminum that had not received objections. Commerce determined it could authorize imports under GAEs for these specified HTSUS codes for all importers instead of 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 232 submissions, Commerce determined that a subset of the GAEs added in the December 14 rule did not meet the criteria for inclusion as a GAE and should therefore be removed. Commerce is removing these GAEs in today’s 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.

 

 

 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 15 CFR 705   
Legal Authority: 19 U.S.C. 1862   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  03/19/2018  83 FR 12106   
Interim Final Rule Effective  03/19/2018 
Interim Final Rule Comment Period End  05/18/2018 
Interim Final Rule  09/11/2018  83 FR 46026   
Interim Final Rule Effective  09/11/2018 
Interim Final Rule Comment Period End  11/13/2018 
Interim Final Rule  06/10/2019  84 FR 26751   
Interim Final Rule Effective  06/13/2019 
Interim Final Rule Comment Period End  08/09/2019 
Interim Final Rule  12/14/2020  85 FR 81060   
Interim Final Rule Effective  12/14/2020 
Interim Final Rule Effective  12/29/2020 
Interim Final Rule  09/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Timothy Mooney
Department of Commerce
Bureau of Industry and Security
1401 Constitution Avenue,
Washington, DC 20230
Phone:202 482-3371
Email: timothy.mooney@bis.doc.gov