Cargo Systems Messaging Service

CSMS #39633923 - UPDATE: Submitting Imports of Products Excluded from Duties on Imports of Steel or Aluminum

BACKGROUND:

On March 19, and September 11, 2018 and June 10, 2019, 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, 83 FR 46026 and 84 FR 26751.

GUIDANCE:

Once the Importer of Record (IOR) receives an approved product exclusion from the DOC, please provide that company name, address and importer of record number, and the associated product exclusion number, for the IOR listed in the approved exclusion, to U.S. Customs and Border Protection (CBP) at Traderemedy@cbp.dhs.gov.  Do not submit any product exclusion information to CBP until DOC approves the product exclusion.

CBP needs this information in order to activate the approved product exclusion number in the Automated Commercial Environment (ACE).  This information must be provided to CBP before the filer uses the exclusion number on any entries filed with CBP.  For quota exclusions, 9903.80.60 with the approved chapter 1-97 Harmonized Tariff Schedule of the United States (HTSUS) for steel articles and 9903.85.11 for aluminum articles must be associated with 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 Traderemedy@cbp.dhs.gov.

Instructions for submitting entries to CBP of Section 232 steel and aluminum products granted through regulations.gov or the 232 Exclusion portal by DOC from the Presidential Proclamations are as follows:

Exclusion Submissions: originating from regulations.gov

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.  Filers should refer to the Importer’s Additional Declaration Detail (Input 54-Record) of the CBP and Trade Automated Interface Requirements (CATAIR) Manual for further guidance.  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 = STLNNNNNN

For excluded aluminum articles = ALUNNNNNN

NNNNNN 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).

Exclusions Submissions: originating from the 232 Exclusion Portal

Importers and filers importing products granted an exclusion should submit the product exclusion number based on the exclusion Request ID using the 232 Exclusion Portal at https://232app.azurewebsites.net/steelalum.   Filers should refer to the CATAIR for further guidance.  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 = SPRNNNNNN

For excluded aluminum articles = APRNNNNNN

NNNNNN represent the last six digits of the Exclusion Request ID obtained from the DOC/BIS 232 Exclusions Portal.

Example: The obtained Exclusion Request ID should be prefaced with leading zeros (‘0’) not to exceed a numeral length of six. e.g., ‘165’ becomes ‘SPR000165’

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.

For Duty Exclusions: Filers are not to submit the corresponding Chapter 99 HTSUS number for the Section 232 duties when the product exclusion number is submitted.

For Quota Exclusions:  Filers are to submit the applicable Chapter 99 HTSUS number i.e. 99038060 for steel articles and 99038511 for aluminum articles.  Do NOT submit 99038061, which expired on March 31, 2019 and is NO LONGER applicable.

ADDITIONAL INFORMATION

Duty exclusions granted by the DOC are retroactive on imports to the date the request for exclusion was accepted (date received) by the DOC.  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 Post Summary Correction (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.

Importers, Filers, and Brokers can locate additional information about submitting PSCs, in Section 11 of the ACE Entry Summary Business Rules and Process Document 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 and June 10, 2019 FR notices on requesting product exclusions.  Questions related to Section 232 entry filing requirements should be emailed to traderemedy@cbp.dhs.gov.  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.

Related CSMS Messages: 18-000378, 18-000663