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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref. :EIC 111/2/18
EIC 111/3
EIC 111/3/13

20 March 2018

Dear Sirs,

Commercial Information Circular No. 283/2018

US : Additional Tariffs against Imported Steel and Aluminium - "Product-based Exclusion Requests"

Further to Commercial Information Circular No. 264/2018 of 16 March 2018 regarding the US's additional unilateral tariffs of 25% and 10% on steel and aluminium products respectively imported from all countries/economies (except Canada and Mexico) to be effective on 23 March 2018 (US time), the US Department of Commerce (DOC) has published the detailed procedures for submitting requests for exclusions of specific steel and aluminium products from the additional tariffs.

DETAILS

2.The US DOC promulgated in the Federal Register (FR) notice of 19 March 2018 the relevant procedures for submitting requests for product exclusion from the additional tariffs on steel and aluminium. Only individuals or organizations using steel and aluminium identified in the US President's proclamations on 8 March 2018 in business activities in the US may submit requests for product exclusion. The total processing time for exclusion requests is estimated at 90 days.

3.Approved exclusions will be made on a product basis and will be limited to the individual or organization that submitted the specific exclusion request, unless DOC approves a broader application of the product based exclusion request to apply to additional importers. Other individuals or organizations that wish to submit an exclusion request for a steel or aluminum product already approved for exclusion may submit an exclusion request under the two new supplements. In addition, individuals and organizations will not be precluded from submitting a request for exclusion of a product where a previous exclusion request for the same product had been denied or is no longer valid.

4.All exclusion requests must be in electronic form and submitted to the Federal rulemaking portal (http://www.regulations.gov) using the Excel-based document (https://www.reginfo.gov/public/do/PRAViewIC?ref_nbr=201803-0694-001&icID=230644).

5.DOC will start receiving exclusion applications from 19 March 2018 (US time). There is no time limit for submitting exclusion requests. Separate exclusion requests must be submitted for each unique steel or aluminium product import. The exclusion request must specify the business activities in the US within which the requester is engaged that authorize the individual or organization to submit an exclusion request. The request should clearly identify, and provide support for, the basis upon which the exclusion is sought. According to the FR notice, an exclusion will only be granted if an article is not produced in the US in a sufficient and reasonably available amount, is not produced in the US in a satisfactory quality, or for a specific national security consideration.

6.For further details of the requirements for submissions, please refer to the following links and the relevant FR notice:

  • Steel :https://www.bis.doc.gov/index.php/232-steel
  • Aluminium:https://www.bis.doc.gov/index.php/232-aluminum
  • FR Notice :https://www.gpo.gov/fdsys/pkg/FR-2018-03-19/pdf/2018-05761.pdf

7.The Presidential Proclamations on 8 March 2018 mentioned in paragraph 2 above can also be found in the following links:

  • Presidential Proclamation on Adjusting Imports of Steel:
    https://www.whitehouse.gov/presidential-actions/presidential-proclamation-adjusting-imports-steel-united-states/
  • Presidential Proclamation on Adjusting Imports of Aluminium:
    https://www.whitehouse.gov/presidential-actions/presidential-proclamation-adjusting-imports-aluminum-united-states/

ENQUIRIES

8.For enquiries concerning the content of this circular, please contact the undersigned at 3403 6099.

Yours faithfully,

(Jasper LAM)
for Director-General of Trade and Industry

Note: While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.