Update: Submitting Section 232 Product Exclusions: 2018 Expired HTS
On March 19 and September 11, 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 and 83 FR 46026
IMPORTER OF RECORD INFORMATION
Upon receipt of the approved product exclusion from the DOC, for the importer of record listed in the approved exclusion, please provide that company’s name, address and importer of record number, and the associated product exclusion number, to U.S. Customs and Border Protection (CBP) at Traderemedy@cbp.dhs.gov. For approved quota exclusions, send a cc: of the information to HQQuota@cbp.dhs.gov. If submitting multiple exclusion numbers, consolidate into one email submission.
CBP needs this information in order to activate the approved product exclusion number in ACE, so that entries can be filed with this product exclusion number. You must provide this information to CBP before the filer submits the exclusion number with entries to CBP. For quota exclusions, CBP must activate the product exclusion number before any quota exemption can be processed, and goods subject to the quota exemption can be released.
CBP activates approved product exclusion numbers in ACE on a weekly basis. CBP, in most circumstances, will activate by close of business Thursday of every week any product exclusion numbers with corresponding importer information submitted by close of business Monday to firstname.lastname@example.org. Any entry filer can check whether a product exclusion number has been activated by submitting the exclusion number on an entry summary line.
Do not submit any product exclusion information to CBP until the Department of Commerce approves the product exclusion.
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.
UPDATE: SPECIAL INSTRUCTIONS ON SUBMITTING PRODUCT EXCLUSIONS ON EXCLUSIONS GRANTED BY DOC WITH EXPIRED HTS CLASSIFICATION
Instructions on submitting entries to CBP with expired HTS classification (HTS classification which are replaced in the HTSUS by new HTS classification(s)) are as follows:
If the HTS classification associated with an approved exclusion expires, CBP will add the corresponding new HTS classifications to the ACE exclusion data for those exclusions. Importers and filers will be able to file the exclusion number on applicable entries classified under the new HTS classification(s). Importers and filers can continue to file post summary corrections to request retroactive refunds on any applicable entries originally filed with the expired HTS classification.
Duty exclusions granted by DOC are retroactive on imports to the date the request for exclusion was accepted (date received) by the Department of Commerce. See Presidential Proclamations 9776 and 9777, August 29, 2018.
To request an administrative refund for previous imports of duty-excluded products granted by DOC, importers may file a PSC and provide the product exclusion number in the Importer Additional Declaration Field. If the entry has already liquidated, importers may protest the liquidation.
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 duty exclusion, importers may request a refund of the duties subject to GSP or AGOA preferences through a PSC.
For more information about submitting Post Summary Corrections, see Section 11 of the ACE Entry Summary Business Rules and Process Document. The ACE Entry Summary Business Rules and 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 and September 11, 2018 FR notices on requesting product exclusions. Questions related to Section 232 entry filing requirements should be emailed to email@example.com. For questions related to quota product exclusions filing requirements, email the Quota and Agriculture Branch, HQQuota@cbp.dhs.gov.
Questions from the importing community concerning ACE entry rejections involving product exclusion numbers should be referred to their CBP Client Representative.