On March 19, 2018, the Department of Commerce (DOC) published in the Federal
Register (FR) the process for parties to submit requests for exclusions from Presidential Proclamations 9704 and 9705 on Adjusting Imports of Steel and Aluminum into the United States under section 232 of the Trade Expansion Act of 1962. See 83 FR 12106.
The functionality described below for the Importer Additional Declaration Field will be available in the Automated Commercial Environment (ACE) as of June 1, 2018. For any exclusions approved by DOC prior to June 1, 2018, importers may submit a Post Summary Correction (PSC) on or after June 1, 2018 to request a refund on applicable previous imports of excluded products, as described in the additional information section below.
INSTRUCTIONS FOR FILING PRODUCT EXCLUSION NUMBERS
Instructions on submitting entries to CBP of steel and aluminum products granted exclusions by DOC from the Presidential Proclamations are as follows:
Importers and filers importing products granted an exclusion should submit the product exclusion number based on the last six digits of the product exclusion docket number at Regulations.gov. The product exclusion number should be submitted in the Importer Additional Declaration Field (54 record) of the entry summary data, based on the following format:
For excluded steel mill articles = STLXXXXXX
For excluded aluminum articles = ALUXXXXXX
XXXXXX represent the last six digits of the Regulations.gov docket number; do not include spaces or special characters, such as hyphens.
Example: If a steel exclusion is granted under product exclusion docket number BIS-2018-0009-9002, the importer/filer should submit the exclusion number STL099002 (i.e. STL plus the last six digits of the docket number).
Please refer to the Importer’s Additional Declaration Detail (Input 54-Record) of the CBP and Trade Automated Interfaces Requirements (CATAIR) Manual for further guidance. The CATAIR document can be found at https://www.cbp.gov/document/guidance/ace-abi-catair-entry-summary-createupdate.
Only products from importer(s) designated in the product exclusion approved by the DOC are eligible for the exclusion from the Section 232 measures.
Steel importers are reminded to submit mill certificates with their import data as required by 19 CFR 141.89
Do not submit the corresponding Chapter 99 HTS number for the Section 232 duties when the product exclusion number is submitted.
Exclusions granted by DOC are retroactive on imports to the date the request for exclusion was posted for public comment at Regulations.gov.
To request an administrative refund for previous imports of excluded products granted by DOC, importers may file a PSC and provide the product exclusion number in the Importer Additional Declaration Field.
Once products are excluded from the Section 232 measures, importers may claim Generalized System of Preferences (GSP) or African Growth and Opportunity Act (AGOA) duty preferences on GSP and AGOA-eligible goods. If importers did not receive GSP or AGOA duty preferences on previous imports, and those imports are now covered by a retroactive exclusion, importers may request a refund of the duties subject to GSP or AGOA preferences through a PSC.
If the entry has already liquidated, importers may protest the liquidation.
For more information about submitting Post Summary Corrections, see Section 11 of the ACE Entry Summary Business Process. The ACE Entry Summary Business Process Document can be found at https://www.cbp.gov/document/guides/ace-entry-summary-business-process.
For more information, please refer to the March 19, 2018 FR notice on requesting product exclusions. Questions related to Section 232 entry filing requirements should be emailed to email@example.com. Questions from the importing community concerning ACE rejections should be referred to their Client Representative.