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May 4, 2025

Industry Can Request Additional Metals Products Be Subject To Section 232 Metals Tariffs

The U.S. Department of Commerce’s Bureau of Industry and Security has published a regulation outlining procedures for U.S. producers and industry associations to petition for the inclusion of additional steel and aluminum products under Section 232 tariffs. Comments on the rule are due by June 16, 2025. As legal experts explained, under the new process, the BIS will receive inclusion requests from industry during two-week windows opening three times a year at the beginning of each May, September, and January.

The first window opened May 1, 2025.

The BIS will begin analysis of each accepted request concurrent with the start of the comment period and will assess each request for two things: first, whether the described product is a derivative steel or aluminum article and, second, whether imports of that article have increased in a manner that threatens to impair national security or otherwise undermine the objectives set forth in the Section 232 investigation reports or related proclamations.

Requests must include the following:

  • Clear identification of the applicant (i.e., individual, company, or trade association);
  • Precise definition of the derivative article and its eight or ten-digit HTSUS number;
  • An explanation of why the article is a steel or aluminum derivative article, including information on the total value of the article’s steel and/or aluminum content as a share of its total value;
  • Pertinent information on the domestic industry affected;
  • Statistics on imports and domestic production; and
  • A description of how and to what extent imports of the derivative article threaten to impair national security or otherwise undermine the objectives set forth in the orginal Section 232 investigation reports or related proclamations.

Read the rule at this link.

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