Two U.S. presidential proclamations concerning the “section 232” customs actions on imports into the United States of aluminum and steel were released today for publication in the Federal Register.
In general, these presidential proclamations—Proc. 9776 [PDF 242 KB] and Proc. 9777 [PDF 257 KB]—authorize relief from the “quantitative limitations” applicable to certain aluminum and steel articles that are described under specific subheadings of the Harmonized Tariff Schedule of the United States (HTSUS). Specifically, the relief is provided if the identified aluminum or steel articles are determined not to be produced in the United States “in a sufficient and reasonably available amount or of a satisfactory quality.”
Relief is also available based upon specific national security considerations. Relief is to be provided for an aluminum or a steel article only after a request for relief is made by a “directly affected party” located in the United States. The proclamations provide further that relief may be provided to directly affected parties on a party-by-party basis taking into account the regional availability of particular articles, the ability to transport articles within the United States, and any other factors as deemed appropriate.
If it is determined that relief is to be granted to a requesting party for the importation of a particular aluminum or steel article, this determination is to be publicly posted and U.S. Customs and Border Protection (CBP) is to exclude the article from the applicable quantitative limitation. Relief granted under this provision will apply only to an article entered for consumption, or withdrawn from warehouse for consumption, on or after the date when the request for relief is granted.
For more information on this topic or to learn more about KPMG’s Trade & Customs Services, contact:
John L. McLoughlin
Luis (Lou) Abad
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