Implementation of New Commerce Section 232 Exclusions Portal
| Published date | 10 June 2019 |
| Citation | 84 FR 26751 |
| Record Number | 2019-12254 |
| Section | Rules and Regulations |
| Court | Industry And Security Bureau |
Federal Register, Volume 84 Issue 111 (Monday, June 10, 2019)
[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Rules and Regulations]
[Pages 26751-26764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12254]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 705
[Docket No. 180227217-8217-03]
RIN 0694-AH55
Implementation of New Commerce Section 232 Exclusions Portal
AGENCY: Office of Technology Evaluation, Bureau of Industry and
Security, U.S. Department of Commerce.
ACTION: Interim final rule.
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SUMMARY: This interim final rule changes the process for requesting
exclusions from the duties and quantitative limitations on imports of
aluminum and steel discussed in two Commerce interim final rules
implementing the exclusion process authorized by the President as part
of the action he took to adjust imports under Section 232 of the Trade
Expansion Act of 1962, as amended (``232''). The Department of Commerce
(``the Department'') has developed the portal referred to henceforth as
the ``232 Exclusions Portal'' for persons submitting exclusion
requests, objections to exclusion requests, rebuttals, and surrebuttals
to replace the use of the Federal rulemaking portal (http://www.regulations.gov) and streamline the exclusions process while
enhancing data integrity and quality controls. Based on public comment
on the current process for submissions to the Department, Commerce is
publishing this interim final rule to grant the public the ability to
submit new exclusion requests as soon as possible through the 232
Exclusions Portal while still allowing the opportunity for public
comment on the portal.
DATES: Effective date: This interim final rule is effective June 13,
2019.
Comments: Comments on this interim final rule must be received by
BIS no later than August 9, 2019.
ADDRESSES: See SUPPLEMENTARY INFORMATION section for information on
submitting exclusion requests, objections thereto, rebuttals, and
surrebuttals.
All comments on this interim final rule must be submitted by one of
the following methods:
By the Federal eRulemaking Portal: http://www.regulations.gov. Comments on this interim final rule may be
submitted to regulations.gov docket number BIS-2019-0005.
By email directly to [email protected]. Include
RIN 0694-AH55 in the subject line.
By mail or delivery to Regulatory Policy Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th
Street and Pennsylvania Avenue NW, Washington, DC 20230. Reference RIN
0694-AH55.
FOR FURTHER INFORMATION CONTACT: Brad Botwin, Director, Industrial
Studies, Office of Technology Evaluation, Bureau of Industry and
Security, U.S. Department of Commerce (202) 482-5642,
[email protected] regarding provisions in this rule specific to
steel exclusion requests and (202) 482-4757, [email protected]
regarding provisions in this rule specific to aluminum exclusion
requests.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2018, President Trump issued Proclamations 9704 and
9705, imposing duties on imports of aluminum and steel. The
Proclamations also authorized the Secretary to grant exclusions from
the duties if the
[[Page 26752]]
Secretary determines the steel or aluminum article for which the
exclusion is requested is not ``produced in the United States in a
sufficient and reasonably available amount or of a satisfactory
quality'' or should be excluded ``based upon specific national security
considerations,'' and provided authority for the Secretary to issue
procedures for exclusion requests. On April 30, 2018, Proclamations
9739 and 9740, and on May 31, 2018, Proclamations 9758 and 9759, set
quantitative limitations on the import of steel and aluminum from
certain countries in lieu of the duties. On August 29, 2018, in
Proclamations 9776 and 9777, President Trump also authorized the
Secretary to grant exclusions from quantitative limitations based on
the same standards applicable to exclusions from the tariffs. On March
19, 2018, the Department first issued an interim final rule,
Requirements for Submissions Requesting Exclusions from the Remedies
Instituted in Presidential Proclamations Adjusting Imports of Steel
into the United States and Adjusting Imports of Aluminum into the
United States; and the filing of Objections to Submitted Exclusion
Requests for Steel and Aluminum (83 FR 12106) (the ``March 19 rule'')
laying out procedures for the 232 exclusions process.
On September 11, 2018, the Department issued a second interim final
rule, Submissions of Exclusion Requests and Objections to Submitted
Requests for Steel and Aluminum (83 FR 46026), (the ``September 11
rule'') that revised the two supplements added by the March 19 rule
with improvements designed to ensure a transparent, fair, and efficient
exclusion and objection process.
This rule generally does not address all the comments received in
response to the September 11 rule. This rule is limited to making
changes necessary to implement the new 232 Exclusions Portal because
many commenters, in response to the March 19 and September 11 rules,
had expressed concerns over the inefficiencies of the 232 exclusions
process, in particular the limitations of using regulations.gov to
actively manage the ongoing exclusions process.
The Genesis of the New 232 Exclusions Portal
At the time of the March 19 rule, the Federal rulemaking portal at
www.regulations.gov was chosen because it was the best option the
Department had available for managing the 232 exclusions process. Many
comments on the March 19 rule stated that, based on the rule's
documentation requirements, regulations.gov was not easy to navigate
nor fully transparent about where requests were in process. In the
September 11 rule, to help resolve these issues, in addition to adding
a rebuttal and surrebuttal process, Commerce also added Annex 1 to
Supplements No. 1 and 2 to part 705, which provided additional guidance
on regulations.gov usage for the 232 exclusions process. Commerce also
posted FAQs, quick tips, and guidance documents on both the
Department's website and on the steel and aluminum dockets on
regulations.gov. While commenters acknowledged the September 11 rule
improved the 232 exclusions process somewhat, it also added to the
complexity of using regulations.gov because more documents needed to be
provided and the process of locating documents in regulations.gov
became more complicated for persons making 232 submissions and for the
Department in managing the 232 exclusions process.
While regulations.gov was readily available to quickly implement
the exclusions process, the site was not easily adaptable to the 232
submissions process, particularly as it evolved into a multi-step
system and required a significant amount of human data entry. The
Department concluded the 232 exclusions process worked on
regulations.gov, but determined a specifically designed web-based
portal would be easier and more efficient for both outside parties and
the Department.
Two bureaus within the Department of Commerce, the Bureau of
Industry and Security (BIS) and the International Trade Administration
(ITA), developed the Portal to streamline the exclusions process for
external parties, including importers and domestic manufacturers, by
replacing the data collection point with web-based forms, which will
enhance data integrity and quality controls. The Portal allows 232
submitters to easily view all exclusion request, objection, rebuttal,
and surrebuttal documents in one, web-based system. In order to benefit
from using the new Portal, submitters must complete a web-based
registration prior to submitting any documents. In addition, external
parties will now be able to track submission deadlines in this same
system. This also allows for better collaboration between government
agencies processing 232 exclusion requests.
So, on November 26, 2018, the Department published the notice,
Procedures for Participating in User Testing of the New Commerce 232
Exclusion Process Portal (83 FR 60393). On December 6-7, 2018, various
parties tested the 232 Exclusions Portal at the Department and provided
feedback on the functionality of the Portal.
Comments on this rule allows the Department to identify additional
enhancements for later incorporation.
Use of the New Portal and Transition Period
This interim final rule only makes changes to the 232 exclusions
process needed for the implementation of a new 232 Exclusions Portal.
The Department will address any remaining comments from the September
11 rule and any comments received in response to this rule in a
subsequent rulemaking. In order to begin transition, the Department
will begin accepting new exclusion requests on the 232 Exclusions
Portal on June 13, 2019 and will no longer accept new exclusion
requests on regulations.gov. The last day on which an exclusion request
may be initiated through regulations.gov is June 12, 2019. Objections,
rebuttals, and surrebuttals must always be filed on the system where
the exclusion request was submitted, whether in www.regulations.gov or
in the 232 Exclusions Portal.
In addition, on June 10, 2019, the Department will publish a
detailed user guide for the 232 Exclusions Portal (including screen
shot images) on its website (https://www.commerce.gov/page/section-232-investigations), so that parties can familiarize themselves with the
operation of the 232 Exclusions Portal prior to June 13, 2019, when all
new exclusion requests must be submitted through the 232 Exclusions
Portal.
There will be a transition period during which both the
regulations.gov system and the new 232 Exclusions Portal will coexist.
The Department will continue to use regulations.gov for the processing
of all exclusion requests that have already been filed or that are
filed no later than June 12, 2019, including related submissions that
are filed in regulations.gov after June 12, 2019, until the underlying
exclusions requests receive a final decision. However, all new Section
232 exclusion requests submitted on or after June 13, 2019, must be
submitted in the new 232 Exclusions Portal. Objections, rebuttals, and
surrebuttals must always be filed on the system where the exclusion
request was submitted, whether in www.regulations.gov or in the 232
Exclusions Portal. This transition period is necessary given the
significant limitations and difficulties that
[[Page 26753]]
transferring data from regulations.gov to the 232 Exclusions Portal
would entail.
This interim final rule makes various edits to Supplements No. 1
and 2, and to Annex 1 to Supplements No. 1 and 2, to add provisions
relating to the transition period and to add references to the 232
Exclusions Portal. Because regulations.gov will continue to be used for
exclusion requests filed up to and including June 12, 2019, and for all
submissions related to those exclusion requests (objections, rebuttals,
and surrebuttals), the regulatory provisions referring to
regulations.gov must remain until the Department has provided a final
disposition on all exclusions requests filed up to and including June
12, 2019.
Changes Made in This Interim Final Rule To Adopt the 232 Exclusions
Portal
This interim final rule makes the same changes to Supplements No. 1
and No. 2 for transitioning to the 232 Exclusions Portal. The changes
described below will apply to both supplements and are being made to
the same paragraphs in each supplement. This interim final rule updates
Annex 1 to Supplements No. 1 and 2 to part 705 to make conforming
changes relating to the addition of the 232 Exclusions Portal. The
majority of the changes being made to the two supplements involve
adding references to the 232 Exclusions Portal wherever regulations.gov
is referenced. The changes also describe the transition period and
provide guidance on what submission method is to be used based on the
date the exclusion request was or is to be submitted.
The Department has tried to minimize the number of changes made to
Supplements No. 1 and 2 in this interim final rule. The structure of
how the transition provisions are being implemented will not require a
rule to be published later to end the transition period. Thus, the end
of the transition period will be self-implementing based on the
criteria included in this interim final rule. However, a subsequent
rule will remove provisions related to regulations.gov that will no
longer be applicable after the transition period ends, as well as to
reflect any enhancements to the 232 Exclusions Portal that may be made
in the interim.
To implement the changes described above, this interim final rule
makes the following revisions in both Supplements No. 1 and 2:
In paragraph (a), six sentences are added to the end of this
paragraph to specify that the supplements reference two different
methods of submission for 232 exclusion submissions. The new text
specifies that the first method of submission is based on a legacy
system used for 232 submissions (www.regulations.gov), and the second
method of submission is based on a new portal developed by the U.S.
Department of Commerce (232 Exclusions Portal), for receiving, managing
and responding to 232 exclusion submissions.
The new text being added to paragraph (a) specifies that the two
methods of processing for exclusions are for use during a transition
period that will end once the Department has made a final disposition
on all exclusion requests submitted via regulations.gov no later than
June 12, 2019. The new text being added also specifies that new
exclusion requests submitted on or after June 13, 2019, may only be
submitted using the new 232 Exclusions Portal. The new text specifies
that any objection, rebuttal, or surrebuttal pertaining to an exclusion
request will be submitted using the same submission method as used for
the respective exclusion request during this transition period. The
last two sentences provide two examples for submitting 232 exclusion
submissions during the transition period.
Shortly after the transition period for processing of exclusions is
completed, the Department intends to publish another rule to update the
two supplements to remove the transition related provisions to clarify
that only the 232 Exclusions Portal is available for 232 exclusion
submissions.
In the introductory text of paragraph (b), the first sentence after
the heading is revised to specify that any exclusion request to be
submitted no later than June 12, 2019, must be submitted through
regulations.gov and that the other provisions regarding where to find
forms remain unchanged. This same type of change is made in several of
the paragraphs in the two supplements where provisions for using
regulations.gov are referenced. The requirements specific to
regulations.gov are not being changed at this time, except that
provisions specific to the transition timelines are being added. These
changes are being made so 232 exclusion request submitters will know
how much longer those 232 exclusion provisions tied to the use of
regulations.gov will continue to be used during the transition period.
Also in the introductory text of paragraph (b), three sentences are
added to introduce the requirements for the required forms that will be
used on the 232 Exclusions Portal for any exclusion request submitted
on or after June 13, 2019. Because the 232 Exclusions Portal includes
web-based fillable forms within the system, there is no need to
reference filling out one of the four external forms and then uploading
it into the system, as a submitter would need to do in regulations.gov.
This is an example of one of the advantages of the 232 Exclusions
Portal. The new introductory text for the 232 Exclusions Portal
specifies that each web-based form is available at the bottom of the
preceding filing. For example, to file an objection, a party must
scroll to the bottom of the exclusion request and click on ``Create
Objection Filing'' link to start the objection filing for that specific
exclusion request. The new text provides application examples for how
to identify and submit the forms for objections, rebuttals, and
surrebuttals in the 232 Exclusions Portal. Lastly, this rule adds three
sentences to describe that 232 submitters will be required to complete
a web-based registration on the 232 Exclusions Portal prior to
submitting any documents. The registration process will require
submitters to provide an email and establish a password for an account
in the 232 Exclusions Portal. Once registered in the 232 Exclusions
Portal, submitters will be able to log in to their account on the 232
Exclusions Portal and submit exclusion requests, objections, rebuttals
and surrebuttal documents.
In paragraphs (b)(1), (2), (3) and (4), one sentence is added to
the end of each of these respective paragraphs to reference the name of
the web-based form on the 232 Exclusions Portal. Each of the new
sentences begins by specifying what the title of the web-based fillable
form in the 232 Exclusions Portal is and then provides the name of the
web-based fillable form: Exclusion Request (for paragraph (b)(1)),
Objection (for paragraph (b)(2)), Rebuttal (for (b)(3)), and
Surrebuttal (for paragraph (b)(4)). This rule adds a new Note to
paragraphs (b)(1) through (4) to describe how each filing of one of the
web-based fillable forms (232 submissions) will be automatically
assigned its own distinct ID# in the 232 Exclusions Portal. The new
Note also specifies that each 232 submission in addition to having its
own distinct ID# will also be preceded with an acronym for the file
type: Exclusion requests (ER ID#), Objection (OF ID#), Rebuttals (RB
ID#) and Surrebuttals (SR ID#). The new Note provides examples of this
for the four types of 232 submissions. The new Note specifies that the
232 Exclusions Portal will automatically assign the two letter
designator depending on the type
[[Page 26754]]
of web-based form being submitted. The Note specifies that the 232
Exclusions Portal will assign an ID number to the original exclusion
request and that ID number will be common to any objection, rebuttal,
or surrebuttal submitted pertaining to the same exclusion request.
Under regulations.gov, many of these are manual processes, so this is
an example of how the 232 Exclusions Portal should reduce the burdens
on the public, as well as the U.S. Government, by automating processes
of associating documents under the same ID#.
Under paragraph (b)(5)(iii) (Procedures for identifying, but not
disclosing confidential or proprietary business information (CBI) in
the public version, and procedures for submitting CBI) paragraphs
(b)(5)(iii)(A) and (B), a reference to the Commerce 232 Exclusions
Portal is added right after the reference to regulations.gov. The email
process used for submitting CBI will generally be the same for
rebuttals and surrebuttals submitted in either regulations.gov or the
232 Exclusions Portal. Therefore, the change in paragraph
(b)(5)(iii)(A) is limited to adding a reference to the 232 Exclusions
Portal. A reference to the 232 Exclusions Portal is also added to
paragraph (b)(5)(iii)(B). In addition, this rule also adds provisions
to paragraph (b)(5)(iii)(B) related to the transition from
regulations.gov to the 232 Exclusions Portal, including the different
naming convention for 232 submissions used in the 232 Exclusions Portal
that must be referenced in any email submitting CBI.
Thus, the first sentence is revised to specify that for any
rebuttals and surrebuttals pertaining to 232 submissions for exclusion
requests submitted no later than June 12, 2019, the email subject line
must only include the original regulations.gov exclusion request ID #
and the body of the email must include the 11-digit alphanumeric
tracking number received from regulations.gov. For any rebuttals and
surrebuttals pertaining to 232 submissions for exclusion requests
submitted on or after June 13, 2019, the email subject line must only
include the original 232 Exclusions Portal Exclusion Request (ER) ID #.
In addition, this new sentence specifies that the body of the email
must include the 232 Exclusions Portal Rebuttal (RB) ID #, or
Surrebuttal (SR) ID # that was generated by the 232 Exclusions Portal
when the rebuttal, or surrebuttal was successfully submitted. In
paragraphs (b)(5)(iii)(B) and (C), the last sentence of each of these
paragraphs is revised to add a reference to the 232 Exclusions Portal.
In paragraph (c)(3), the first sentence after the heading is
revised to specify that all exclusion requests submitted no later than
June 12, 2019 must be in electronic form and must be submitted through
regulations.gov. A new sentence is added to paragraph (c)(3) to specify
that all exclusion requests submitted on or after June 13, 2019, must
be submitted directly through the 232 Exclusions Portal.
In paragraph (c)(4), the entire paragraph is revised to specify
that there continues to be no time limit for submitting exclusion
requests, but that the method of submission will vary based on the
date, and that the correct method of submission must be used based on
the date of submission. Paragraph (c)(4) is also revised to specify
that the U.S. Department of Commerce will reject and require
resubmission using the correct submission method for any exclusion
request that does not comply with the submission requirements specified
in paragraph (c)(3). The paragraph specifies that adhering to these
date requirements is needed during the transition period to allow the
transition period to be completed as quickly as possible and in a fair
and transparent manner.
In paragraph (d)(2), this rule redesignates and slightly revises
the text of the paragraph after the heading as new paragraph (d)(2)(i).
Transition related text is added to specify that when submitting an
objection to a submitted exclusion request that was submitted no later
than June 12, 2019, the objector must locate the exclusion request and
its objection form for the submitted exclusion request in
regulations.gov. The rest of text of the paragraph for submitting
objections in regulations.gov remains the same.
New paragraph (d)(2)(ii) is added to specify that when submitting
an objection to a submitted exclusion request that was submitted on or
after June 13, 2019, the objector must locate the exclusion request and
submit the objection in response to the request, directly in the 232
Exclusions Portal. The new paragraph (d)(2)(ii) includes a sentence to
assist objectors in how to find the web-based objection form when
reviewing a posted exclusion request form.
In paragraph (d)(3), transition related provisions are added to
specify that all objections to submitted exclusion requests that were
submitted no later than June 12, 2019 must be in electronic form and
submitted to regulations.gov no later than 30 days after the related
exclusion request is posted. This rule adds a new sentence at the end
of the paragraph to specify that all objections to submitted exclusion
requests that were submitted on or after June 13, 2019, must be
submitted directly on the 232 Exclusions Portal no later than 30 days
after the related exclusion request is posted.
In the introductory text of paragraph (f), a reference to the 232
Exclusions Portal is added after the regulations.gov reference to
specify that this paragraph that identifies the requirements for the
rebuttal process also applies to rebuttals submitted using the 232
Exclusions Portal.
In paragraph (f)(1), this rule redesignates the existing text after
the heading as new paragraph (f)(1)(i).
New paragraph (f)(1)(ii) is added to specify how an eligible
rebutter can find the web-based rebuttal form by scrolling to the
bottom of the objection form and how to fill out the web-based form for
submitting their rebuttal to the objection form through the 232
Exclusions Portal.
In paragraph (f)(2) (Format and size limitations for rebuttals), a
reference to the 232 Exclusions Portal is added after the reference to
regulations.gov in the second sentence after the paragraph heading.
This change is being made to specify that the same format and size
limitations apply for rebuttals submitted in the 232 Exclusions Portal
and regulations.gov. The revisions also specify that the submission
method for the rebuttal will depend on what submission method was used
for the submission of the exclusion request.
In paragraph (f)(4), a reference to the 232 Exclusions Portal is
added after regulations.gov in the first sentence after the paragraph
heading. This change is being made to specify that the same time limit
for submitting rebuttals apply for rebuttals submitted in the 232
Exclusions Portal and regulations.gov. The revisions specify that the
submission method for the rebuttal will depend on what submission
method was used for the submission of the exclusion request. Lastly, a
reference to the 232 Exclusions Portal is added after regulations.gov
in the third sentence because the same rationale for the number of
processing days needed applies to the 232 Exclusions Portal.
In paragraph (g), the first sentence after the paragraph heading is
revised to add a reference to the 232 Exclusions Portal after
regulations.gov to specify that the requirements for the surrebuttal
process also applies to surrebuttals submitted using the 232 Exclusions
Portal.
In paragraph (g)(1), this rule redesignates the existing text after
the heading as new paragraph (g)(1)(i).
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New paragraph (g)(1)(ii) is added to specify how an eligible
surrebutter can find the web-based surrebuttal form by scrolling to the
bottom of the rebuttal form and how to fill out the web-based form for
submitting their surrebuttal to the rebuttal through the 232 Exclusions
Portal.
In paragraph (g)(2), a reference to the 232 Exclusions Portal is
added after the reference to regulations.gov in the second sentence
after the paragraph heading. This change is being made to specify that
the same format and size limitations apply for surrebuttals whether
submitted through the 232 Exclusions Portal or through regulations.gov.
The revisions specify that the submission method for the surrebuttal
will depend on which submission method was used for the submission of
the exclusion request.
In paragraph (g)(4), a reference to the 232 Exclusions Portal is
added after regulations.gov in the first sentence after the paragraph
heading.
In paragraph (h)(2)(i), this rule redesignates the existing text
after the heading as paragraph (h)(2)(i)(A) to specify the requirements
identified in this paragraph apply to each exclusion request submitted
no later than June 12, 2019 under the two docket numbers referenced in
the two respective supplements for steel and aluminum. This rule makes
no other changes to this redesignated paragraph, except to add the
parenthetical phrase ``(decision memos)'' in the first sentence to
clarify that the posted responses in regulations.gov are referred to as
decision memos.
New paragraph (h)(2)(i)(B) is added to specify that the
requirements identified in this paragraph apply to each exclusion
request submitted on or after June 13, 2019. Similar to the
requirements specified in paragraph (h)(2)(i)(A), the U.S. Department
of Commerce response (decision memo) to an exclusion request will also
be responsive to any of the objection(s), rebuttal(s) and
surrebuttal(s) for that submitted exclusion request submitted through
the 232 Exclusions Portal.
In paragraph (h)(2)(ii), the reference to ``the U.S. Department of
Commerce will work with U.S. Customs and Border Protection (CBP) to
ensure that the requester provided an accurate HTSUS statistical
reporting number.'' is deleted. This change is made to reflect a change
in the internal business process whereby CBP is being sent the
exclusion request for HTSUS validation and exclusion request
administrability prior to an exclusion request being posted on
regulations.gov. In the 232 Exclusions Portal, CBP will have access to
the portal and will be able to receive the exclusion request for
conducting the same type of review, but in a more efficient manner than
is currently done with exclusion requests submitted in regulations.gov.
This rule adds a reference to the 232 Exclusions Portal in the second
sentence. As a conforming change, this rule revises the third sentence
to remove the phrase ``If so'' at the beginning of the sentence because
it is no longer needed because of the revision made to the second
sentence. In the third sentence, this rule adds a reference to the 232
Exclusions Portal to specify that if BIS identifies no national
security concerns, it will post a decision on the 232 Exclusions Portal
granting the exclusion request following the same streamlined review
process as exclusion requests submitted using regulations.gov.
In paragraph (h)(2)(iii)(A), a reference to the 232 Exclusions
Portal is added after regulations.gov to specify that approved
exclusions will be effective five business days after publication of
the U.S. Department of Commerce response granting an exclusion in
regulations.gov or in the 232 Exclusions Portal and this will be based
on which submission method was used for the submission of the exclusion
request.
In paragraph (h)(3)(i), the second sentence after the paragraph
heading is revised to add a reference to the 232 Exclusions Portal
after regulations.gov. This change is being made to specify the
estimated 106-day period begins on the day the exclusion request is
posted in regulations.gov or in the 232 Exclusions Portal based on
which submission method was used for the exclusion request.
Paragraph (i) is revised by adding text directing the public to See
Annex 1 to Supplements Nos. 1 and 2 to part 705 for application issues
that are specific to using www.regulations.gov for submitting rebuttals
and surrebuttals under these two supplements for exclusion requests
submitted no later than June 12, 2019 and describing a manual in the
232 Exclusions Portal for exclusion requests submitted on or after June
13, 2019, titled 232 Exclusions Portal Comprehensive Guide (``232
Exclusions Guide'') and posted online at (https://www.commerce.gov/page/section-232-investigations).
In Annex 1 to Supplements No. 1 and 2 to Part 705--Steps for Using
regulations.gov to File Rebuttals and Surrebuttals, this rule adds
introductory text before the part of the Annex dealing with ``How to
file rebuttal comments.'' The introductory text specifies that these
steps for how to file rebuttal and surrebuttal comments are only
applicable during the transition period for exclusion requests
submitted no later than June 12, 2019 in regulations.gov. Also, a
second sentence is added to specify that for guidance on how to file
rebuttal and surrebuttal comments to exclusion requests submitted on or
after June 13, 2019, in the 232 Exclusions Portal, to see the manual
titled 232 Exclusions Portal Comprehensive Guide (``232 Exclusions
Guide'').
Types of Comments the Department is Requesting on This Rule
The Department is not seeking comments regarding the duties or
quantitative limitations themselves or the exclusion and objection
process overall. Rather, the Department seeks comment on whether the
specific changes included in this third interim final rule have
addressed earlier concerns with the use of regulations.gov for the 232
exclusions process, as well as comments on the 232 Exclusions Portal
and the transition related provisions. Specifically, Commerce
encourages comments on the 232 Exclusions Portal as to which features
are an improvement, as well highlighting any areas of concern or
suggestions for improvement.
The 232 Exclusions Portal should make significant improvements to
the efficiency of the 232 exclusions process. The Department will
continue to make improvements to the 232 Exclusions Portal, including
based on comments received on this rule, and parties will be notified
of any new features.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be a ``significant
regulatory action,'' although not economically significant, under
section 3(f) of Executive Order 12866. Pursuant to Proclamations 9704
and 9705 of March 8, 2018, and Proclamations 9776 and 9777 of August
29, 2018, the establishment of procedures for an exclusions process
under each Proclamation shall be published in the Federal Register and
are exempt from Executive Order 13771.
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2. The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
(PRA) provides that an agency generally cannot conduct or sponsor a
collection of information, and no person is required to respond to nor
be subject to a penalty for failure to comply with a collection of
information, unless that collection has obtained Office of Management
and Budget (OMB) approval and displays a currently valid OMB Control
Number.
This final regulation involves three collections currently approved
by OMB with the following control numbers
Exclusions from the Section 232 National Security
Adjustments of Imports of Steel and Aluminum (control number 0694-0139)
Objections from the Section 232 National Security
Adjustments of Imports of Steel and Aluminum (control number 0694-
0138).
Procedures for Submitting Rebuttals and Surrebuttals
Requests for Exclusions from and Objections to the Section 232
Adjustments for Steel and Aluminum (OMB control number 0694-0141).
This rule is not expected to increase the burden hours for any of
the collections associated with this rule as minimal changes are
anticipated.
Any comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, may be
sent to Jasmeet K. Seehra, Office of Management and Budget (OMB), by
email to [email protected], or by fax to (202) 395-7285.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. Pursuant to 5 U.S.C. 553, the Department of Commerce generally
seeks notice and comment before issuing a final rule. However, an
agency may forgo notice and comment when issuing ``rules of agency
organization, procedure, or practice.'' Section 553(b)(3)(A). ``The
`critical feature' of [such a] rule is that it covers agency actions
that do not themselves alter the rights or interests of parties,
although it may alter the manner in which the parties present
themselves or their viewpoints to the agency.'' Nat'l Min. Ass'n v.
McCarthy, 758 F.3d 243, 250 (DC Cir. 2014) (internal quotations
omitted). Procedural rules ``ensure that agencies retain latitude in
organizing their internal operations.'' Am. Hosp. Ass'n v. Bowen, 834
F.2d 1037, 1047 (DC Cir. 1987) (internal quotations omitted).
Under Section 553(b)(3)(A), the Department may issue this rule
without notice and comment. This rule changes the Department's
procedures but does not alter the rights or interests of parties.
Before this rule, the Department managed the 232 exclusions process
through the Federal rulemaking portal (www.regulations.gov). While
regulations.gov allowed for submission of exclusion requests,
objections, rebuttals and surrebuttals, processing those separate
submissions required significant human data entry. The new, custom-
designed portal will automatically compile all submissions and allow
both submitters and the Department to view the documents more easily in
one web-based system. The new portal also displays submission deadlines
and requires submitters to complete a web-based registration to better
track submissions. Under this rule, submitters retain the ability to
submit exclusion requests, objections, rebuttals, and surrebuttals, but
new submitters as of the effective of this interim final rule, June 13,
2019, must now use the 232 Exclusions Portal. The rule does not change
the standards for granting 232 exclusions. Therefore, while this rule
changes how submitters provide information to the Department, the rule
does not alter the rights or interests of submitters or other parties
involved in the 202 exclusion process.
In addition, the agency may waive the requirement under Section
553(d) that a final rule be published not less than 30 days prior to
its effective date when an agency finds ``good cause'' and publishes
the good cause finding with the rule. ``[T]he purpose of the thirty-day
waiting period [pursuant to Section 553(d)] is to give affected parties
a reasonable time to adjust their behavior before the final rule takes
effect.'' Omnipoint Corp. v. FCC, 78 F.3d 620, 630 (DC Cir. 1996).
Accordingly, ``[i]n determining whether good cause exists, an agency
should balance the necessity for immediate implementation against
principles of fundamental fairness which require that all affected
persons be afforded a reasonable amount of time to prepare for the
effective date of its ruling.'' Id. (internal quotations omitted).
Here, the Department finds good cause to waive the 30-day waiting
period. Public comments received in response to the March 19 and
September 11 rules asserted concerns with the use of the Federal
rulemaking portal regulations.gov for the 232 exclusions process. These
commenters asserted that the use of regulations.gov made the 232
exclusions process complex and burdensome. Waiving the 30-day waiting
period allows the Department to provide the public the benefits of the
streamlined 232 Exclusions Portal immediately.
The U.S. Department of Commerce has stated that the use of
regulations.gov was intended as a temporary solution to allow for the
232 exclusions process to be established quickly and that developing an
online portal specific to the 232 exclusions process as soon as
possible was one of the goals for improving the efficiency of the 232
exclusions process.
On November 26, 2018, the U.S. Department of Commerce published the
notice, Procedures for Participating in User Testing of the New
Commerce 232 Exclusion Process Portal (83 FR 60393). The November 26
notice described the process for the public to submit requests to
participate in the public testing phase of the new 232 Exclusions
Portal, and specified that the Department planned to transition to the
new 232 Exclusions Portal once testing was completed and any final
updates were made. On December 6-7, 2018, various parties tested the
portal at the Department. Based on the feedback from these parties, the
Department's portal development team made revisions to the 232
Exclusions Portal and presented these changes to the testing parties at
the Department on February 19, 2019. The 232 Exclusions Portal is
better suited than regulations.gov for the 232 exclusions process based
on the public input during the public testing phase and the portal
development team's experience developing and testing the new portal.
Moreover, the Department's administrative burden decreases
significantly. Finally, foregoing the delay in effective date imposes
no burden on submitters as they continue to provide the same
information through a different, streamlined portal.
In order to provide for a smooth transition to the 232 Exclusions
Portal and avoid imposing costs on the public, the Department will
continue to use regulations.gov for the processing of all exclusion
requests that have already been filed or that are filed no later than
June 12, 2019, including related submissions that are filed in
regulations.gov after June 12, 2019, until the underlying exclusions
requests receive a final decision.
Because a notice of proposed rulemaking and an opportunity for
prior public comment are not required for this rule by 5 U.S.C. 553, or
by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly,
[[Page 26757]]
no regulatory flexibility analysis is required and none has been
prepared.
List of Subjects in 15 CFR Part 705
Administrative practice and procedure, Business and industry,
Classified information, Confidential business information, Imports,
Investigations, National security.
For the reasons set forth in the preamble, part 705 of subchapter A
of 15 CFR chapter VII is amended as follows:
PART 705--[AMENDED]
0
1. The authority citation for part 705 continues to read as follows:
Authority: Section 232 of the Trade Expansion Act of 1962, as
amended (19 U.S.C. 1862) and Reorg. Plan No. 3 of 1979 (44 FR 69273,
December 3, 1979).
0
2. Supplement No. 1 to part 705 is amended:
0
a. By revising paragraph (a);
0
b. By revising the introductory text of paragraph (b) and paragraphs
(b)(1) through (4);
0
c. By revising paragraphs (b)(5)(iii)(A) through (C);
0
d. By revising paragraphs (c)(3) and (4);
0
e. By revising paragraph (d)(2) and (3);
0
f. By revising the first sentence of the introductory text of paragraph
(f) and paragraphs (f)(1), (2), and (4);
0
g. By revising the first sentence of the introductory text of paragraph
(g) and paragraphs (g)(1), (2), and (4);
0
h. By revising paragraphs (h)(2)(i) and (ii), (h)(2)(iii)(A), and
(h)(3)(i); and
0
i. By revising paragraph (i).
The revisions read as follows:
Supplement No. 1 to Part 705--Requirements for Submissions Requesting
Exclusions From the Remedies Instituted in Presidential Proclamation
9705 of March 8, 2018 Adjusting Imports of Steel Articles Into the
United States
* * * * *
(a) Scope. This supplement specifies the requirements and process
for how directly affected parties located in the United States may
submit requests for exclusions from the duties and quantitative
limitations imposed by the President. This supplement also specifies
the requirements and process for how parties in the United States may
submit objections to submitted exclusion requests for relief from the
duties or quantitative limitations imposed by the President, and
rebuttals to submitted objections and surrebuttals (collectively, ``232
submissions''). This supplement identifies the time periods for such
submissions, the methods of submission, and the information that must
be included in such submissions. This supplement references two
different methods of submission for 232 submissions: One based on a
legacy system used for 232 submissions (www.regulations.gov), and a
second system based on a new portal developed by the U.S. Department of
Commerce (232 Exclusions Portal), for receiving, managing and
responding to 232 submissions. The regulations.gov system must be used
for all exclusion requests submitted no later than June 12, 2019.
Thereafter, beginning on June 13, 2019, all exclusion requests must be
submitted on the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations). Objections, rebuttals, and surrebuttals
must always be filed on the system where the exclusion request was
submitted, whether in www.regulations.gov or in the 232 Exclusions
Portal. For example, if the exclusion request was submitted in
www.regulations.gov, any objections, rebuttals, and surrebuttals
pertaining to that exclusion request would also only be submitted in
www.regulations.gov. Conversely, if the exclusion request was submitted
in the 232 Exclusions Portal, any objections, rebuttals, and
surrebuttals pertaining to that exclusion request would also only be
submitted in the 232 Exclusions Portal. The use of regulations.gov for
the 232 exclusions process will end once all exclusion requests
submitted to regulations.gov no later than June 12, 2019 have completed
the 232 exclusions process pursuant to this supplement--meaning the
exclusion, objection, rebuttal, and surrebuttal process have been
completed and the U.S. Department of Commerce has made a final
disposition of the 232 submissions.
(b) Required forms. For any exclusion request to be submitted no
later than June 12, 2019, the U.S. Department of Commerce has posted
four separate fillable forms on the BIS website at https://www.bis.doc.gov/index.php/232-steel and on the Federal rulemaking
portal (http://www.regulations.gov) that are to be used for submitting
exclusion requests, objections to exclusion requests, rebuttals, and
surrebuttals described in this supplement. On regulations.gov, you can
find these four forms for steel exclusion requests, objections to
exclusion requests, rebuttals to objections, and surrebuttals by
searching for its regulations.gov docket number, which is BIS-2018-
0006. For any exclusion request to be submitted on or after June 13,
2019, the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations) includes four web-based forms that are to be used
for submitting exclusion requests, objections to exclusion requests,
rebuttals, and surrebuttals described in this supplement. On the 232
Exclusions Portal, each web-based form is available on the portal at
the bottom of the preceding filing. For example, a party submitting an
objection will access the objection form by scrolling to the bottom of
the exclusion request, the rebuttal filer will access the rebuttal form
by scrolling to the bottom of the objection form, and the surrebuttal
filer would access the surrebuttal form by scrolling to the bottom of
the rebuttal form. The U.S. Department of Commerce requires requesters
and objectors to use the appropriate form as specified under paragraphs
(b)(1) and (2) of this supplement for submitting exclusion requests and
objections to submitted exclusion requests, and the forms specified
under paragraphs (b)(3) and (4) of this supplement for submitting
rebuttals and surrebuttals. In addition, submitters of exclusion
requests, objections to submitted exclusion requests, rebuttals, and
surrebuttals to the 232 Exclusions Portal will be required to complete
a web-based registration on the 232 Exclusions Portal prior to
submitting any documents. In order to register, submitters will be
required to provide an email and establish a password for the account.
After completing the registration, submitters will be able to login to
an account on the 232 Exclusions Portal and submit exclusion requests,
objections, rebuttals and surrebuttal documents.
(1) Form required for submitting exclusion requests. The full name
of the form used for submitting exclusion requests is Request for
Exclusion from Remedies: Section 232 National Security Investigation of
Steel Imports. The Title in www.regulations.gov is Exclusion Request--
Steel and is posted under ID # BIS-2018-0006-0002. The Title of the
web-based fillable form in the 232 Exclusions Portal is Exclusion
Request.
(2) Form required for submitting objections to submitted exclusion
requests. The name of the form used for submitting objections to
submitted exclusion requests is Objection Filing to Posted Section 232
Exclusion Request: Steel. The Title in www.regulations.gov is Objection
Filing--Steel and is posted under ID # BIS-2018-0006-0003. The Title of
the web-based fillable form in the 232 Exclusions Portal is Objection.
(3) Form required for submitting rebuttals. The name of the form
used for submitting rebuttals to objections is
[[Page 26758]]
Rebuttal to Objection Received for Section 232 Exclusion Request:
Steel. The Title in www.regulations.gov is Rebuttal Filing--Steel and
is posted under ID # BIS-2018-0006-45144. The Title of the web-based
fillable form in the 232 Exclusions Portal is Rebuttal.
(4) Form required for submitting surrebuttals. The name of the form
used for submitting surrebuttals to objections is Surrebuttal to
Rebuttal Received on Section 232 Objection: Steel. The Title in
www.regulations.gov is Surrebuttal Filing--Steel and is posted under ID
# BIS-2018-0006-45145. The Title of the web-based fillable form in the
232 Exclusions Portal is Surrebuttal.
Note to paragraphs (b)(1) through (4): On the 232 Exclusions
Portal, each exclusion request is assigned a distinct ID #, which is
also used with its associated 232 submissions, but preceded with an
acronym indicating the file type: Exclusion Requests (ER ID #),
Objection (OF ID #), Rebuttals (RB ID #) and Surrebuttals (SR ID #).
For an example of the four possible types of 232 submissions
associated with a single exclusion request, you could have ER ID
237, OF ID 237, RB ID 237 and SR ID 237. The 232 Exclusions Portal
will automatically assign the two letter designator depending on the
type of web-based form being submitted in the portal and will assign
an ID number to the original exclusion request and that ID number
will be common to any objection, rebuttal, or surrebuttal submitted
pertaining to the same exclusion request.
(5) * * *
(iii) * * *
(A) On the same day that you submit your 232 submission in
www.regulations.gov or in the 232 Exclusions Portal, send an email to
the U.S. Department of Commerce. The email address used is different
depending on the type of submission the emailed CBI is for, as follows:
CBI for rebuttals use [email protected]; and CBI for surrebuttals
use [email protected].
(B) For rebuttals and surrebuttals pertaining to 232 submissions
for exclusion requests submitted no later than June 12, 2019, the email
subject line must only include the original regulations.gov exclusion
request ID # (BIS-2018-000X-XXXXX) and the body of the email must
include the 11-digit alphanumeric tracking number (XXX-XXXX-XXXX) you
received from regulations.gov when you successfully submitted your
rebuttal, or surrebuttal. For rebuttals and surrebuttals pertaining to
232 submissions for exclusion requests submitted on or after June 13,
2019, the email subject line must only include the original 232
Exclusions Portal Exclusion Request (ER) ID # and the body of the email
must include the 232 Exclusions Portal Rebuttal (RB) ID #, or
Surrebuttal (SR) ID # you received from the 232 Exclusions Portal when
you successfully submitted your rebuttal or surrebuttal. These naming
conventions used in www.regulations.gov and in the 232 Exclusions
Portal, respectively, will assist the U.S. Department of Commerce to
associate the CBI that will not be posted in regulations.gov or in the
232 Exclusions Portal, with the information included in the public
submission.
(C) Submit the CBI as an attachment to that email. The CBI is
limited to a maximum of 5 pages per rebuttal or surrebuttal. The email
is to be limited to sending your CBI. All other information for the
public submission, and public versions of the CBI, where appropriate,
for a 232 submission must be submitted using www.regulations.gov or in
the 232 Exclusions Portal following the procedures identified in this
supplement, as appropriate.
* * * * *
(c) * * *
(3) Where to submit exclusion requests? All exclusion requests
submitted no later than June 12, 2019 must be in electronic form and
submitted to the Federal rulemaking portal (http://www.regulations.gov). You can find the interim final rule that added
this supplement by searching for the regulations.gov docket number,
which is BIS-2018-0006. All exclusion requests submitted on or after
June 13, 2019, must be submitted directly on the 232 Exclusions Portal
(https://www.commerce.gov/page/section-232-investigations).
(4) No time limit for submitting exclusion requests. Exclusion
requests may be submitted at any time, but the date of submission
determines whether an exclusion request must be submitted via
regulations.gov or via the new 232 Exclusions Portal, as indicated in
paragraph (c)(3) of this supplement. The U.S. Department of Commerce
will reject, and require resubmission using the correct submission
method, of any exclusion request that does not use the correct
submission method specified in this supplement based on the date of
submission. Strict adherence to the correct submission method based on
the date of an exclusion request's submission is required to ensure the
efficient, fair, and transparent processing of exclusion requests
during the transition period by the U.S. Department of Commerce, and to
enable the Department to complete the transition to the 232 Exclusions
Portal as quickly as possible.
* * * * *
(d) * * *
(2) Identification of objections to submitted exclusion requests.
(i) Objections to submitted exclusion requests in regulations.gov. When
submitting an objection to an exclusion request that was submitted no
later than June 12, 2019, the objector must locate the exclusion
request and submit a comment on the submitted exclusion request in
regulations.gov. The file name of the objection submission should
include the objector's name, date of submission of the objection, name
of the organization that submitted the exclusion request, and date the
exclusion request was posted. For example, if Company B is submitting
on April 1, 2018, an objection to an exclusion request submitted by
Company A on March 15, 2018, the file should be named: ``Company B
objection_4-1-18 for Company A exclusion request_3-15-18.'' In
regulations.gov once an objection to a submitted exclusion request is
posted, the objection will appear as a document under the related
exclusion request.
(ii) Objections to submitted exclusion requests in the 232
Exclusions Portal. When submitting an objection to a submitted
exclusion request that was submitted on or after June 13, 2019, the
objector must locate the exclusion request and submit the objection in
response to the request directly in the 232 Exclusions Portal. Once the
relevant exclusion request has been located, an individual or
organization that would like to submit an objection will access the
objection form by scrolling to the bottom of the exclusion request form
and then filling out the web-based form for submitting their objection
to the exclusion request in the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations).
(3) Time limit for submitting objections to submitted exclusions
requests. All objections to submitted exclusion requests that were
submitted no later than June 12, 2019 must be in electronic form and
submitted to the Federal rulemaking portal (http://www.regulations.gov)
no later than 30 days after the related exclusion request is posted.
All objections to submitted exclusion requests that were submitted on
or after June 13, 2019, must be submitted directly on the 232
Exclusions Portal (https://www.commerce.gov/page/section-232-investigations) no later than 30 days after the related exclusion
request is posted.
* * * * *
(f) Rebuttal process. Only individuals or organizations that have
submitted an exclusion request pursuant to this
[[Page 26759]]
supplement may submit a rebuttal to any objection(s) posted to their
exclusion request in the Federal rulemaking portal (http://www.regulations.gov) or in the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations). * * *
(1) Identification of rebuttals. (i) Identification of rebuttals in
regulations.gov. When submitting a rebuttal, the individual or
organization that submitted the exclusion request submits a comment on
the objection submitted to the exclusion request in the Federal
rulemaking portal (http://www.regulations.gov). See Annex 1 to
Supplements No. 1 and 2 to this part for a five-step process for how to
submit rebuttals. Annex 1 describes the naming convention used for
identification of rebuttals and the steps needed to identify objections
to exclusion requests when using www.regulations.gov to submit a
rebuttal. Submitters of rebuttals must follow the steps described in
Annex 1, including following the naming convention of rebuttals. In
regulations.gov once a rebuttal to an objection to a submitted
exclusion request is posted, the rebuttal will appear as a document
under the related exclusion request.
(ii) Identification of rebuttals in 232 Exclusions Portal. When
submitting a rebuttal, the individual or organization that submitted
the exclusion request will access the rebuttal form by scrolling to the
bottom of the objection form and then filling out the web-based form
for submitting their rebuttal to the objection in the 232 Exclusions
Portal (https://www.commerce.gov/page/section-232-investigations).
(2) Format and size limitations for rebuttals. Similar to the
exclusions process identified under paragraph (c) of this supplement
and the objection process identified under paragraph (d) of this
supplement, the rebuttal process requires the submission of a
government form as specified in paragraph (b)(3) of this supplement.
The rebuttal must be in writing and submitted in regulations.gov if the
exclusion request was submitted via regulations.gov, or in the 232
Exclusions Portal if the exclusion request was submitted via the 232
Exclusions Portal. Each rebuttal is to be limited to a maximum of 10
pages, inclusive of all exhibits and attachments, but exclusive of the
rebuttal form and any CBI provided to the U.S. Department of Commerce.
Each attachment to a submission must be less than 10 MB.
* * * * *
(4) Time limit for submitting rebuttals. The rebuttal period begins
on the date the Department opens the rebuttal period after the posting
of the last objection in regulations.gov if the exclusion request was
submitted via regulations.gov, or in the 232 Exclusions Portal if the
exclusion request was submitted via the 232 Exclusions Portal. This
beginning date will be sometime between thirty-one to forty-five days
(a fifteen day range) after an exclusion request has been posted. The
range of days is needed to account for time needed by the U.S.
Department of Commerce to review any objections submitted to determine
whether the objections are complete and should be posted in
regulations.gov or in the 232 Exclusions Portal. The rebuttal period
ends seven days after the rebuttal comment period is opened. This seven
day rebuttal period allows for the individual or organization that
submitted an exclusion request pursuant to this supplement to submit
any written rebuttals that it believes are warranted.
Note to paragraph (f)(4): For exclusion requests that received an
objection(s) but for which the U.S. Department of Commerce has not
posted a final determination on the exclusion request as of September
11, 2018, the Department will reopen the requests to allow for the
submission of rebuttals. The Department will reopen the requests on a
rolling basis starting on September 11, 2018, and will seek to complete
the reopening process on the date that is seven days after September
18, 2018, to serve as the start date for the review periods identified
in paragraph (f)(4) of this supplement for those requests.
(g) Surrebuttal process. Only individuals or organizations that
have a posted objection to a submitted exclusion request pursuant to
this supplement may submit a surrebuttal to a rebuttal (see paragraph
(f) of this supplement) posted to their objection to an exclusion
request in the Federal rulemaking portal (http://www.regulations.gov)
or in the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations). * * *
(1) Identification of surrebuttals. (i) Identification of
surrebuttals in regulations.gov. When submitting a surrebuttal, the
individual or organization that submitted the objection to an exclusion
request would submit a comment on the submitted rebuttal to the
objection submitted in the Federal rulemaking portal (http://www.regulations.gov). See Annex 1 to Supplements No. 1 and 2 to this
part for a five-step process for how to submit surrebuttals. Annex 1
describes the naming convention used for identification of surrebuttals
and the steps needed to identify rebuttals when using
www.regulatons.gov to submit a surrebuttal. Submitters of surrebuttals
must follow the steps described in Annex 1, including following the
naming convention of surrebuttals. In regulations.gov once a
surrebuttal to a rebuttal to an objection to a submitted exclusion
request is posted, the surrebuttal will appear as a document under the
related exclusion request.
(ii) Identification of surrebuttals in the 232 Exclusions Portal.
When submitting a surrebuttal, the individual or organization that
submitted the objection will access the surrebuttal form by scrolling
to the bottom of the rebuttal form and then filling out the web-based
form for submitting their surrebuttal to the rebuttal in the 232
Exclusions Portal (https://www.commerce.gov/page/section-232-investigations).
(2) Format and size limitations for surrebuttals. Similar to the
exclusions process identified under paragraph (c) of this supplement,
the objection process identified under paragraph (d) of this
supplement, and the rebuttal process identified under paragraph (f) of
this supplement, the surrebuttal process requires the submission of a
government form as specified in paragraph (b)(4) of this supplement.
The surrebuttal must be in writing and submitted in regulations.gov if
the exclusion request was submitted via regulations.gov, or in the 232
Exclusions Portal if the exclusion request was submitted via the 232
Exclusions Portal. Each surrebuttal is to be limited to a maximum of 10
pages, inclusive of all exhibits and attachments, but exclusive of the
surrebuttal form and any CBI provided to the U.S. Department of
Commerce. Each attachment to a submission must be less than 10 MB.
* * * * *
(4) Time limit for submitting surrebuttals. The surrebuttal period
begins on the date the Department opens the surrebuttal comment period
after the posting of the last rebuttal to an objection to an exclusion
request in regulations.gov if the exclusion request was submitted via
regulations.gov, or in the 232 Exclusions Portal if the exclusion
request was submitted via the 232 Exclusions Portal. This will be
sometime within a fifteen-day range after the rebuttal period has
closed. The range of days is needed to account for time needed by the
U.S. Department of Commerce to review any rebuttals to
[[Page 26760]]
objections submitted to determine whether the rebuttals are complete
and should be posted in regulations.gov or in the 232 Exclusions
Portal. The surrebuttal period ends seven days after the surrebuttal
comment period is opened. This seven-day surrebuttal period allows for
the individual or organization that submitted an objection to a
submitted exclusion request pursuant to this supplement to submit any
written surrebuttals that it believes are warranted to respond to a
rebuttal.
(h) * * *
(2) Disposition of complete submissions. (i) Posting of responses.
(A) Responses in regulations.gov. The U.S. Department of Commerce will
post responses (decision memos) in regulations.gov to each exclusion
request submitted no later than June 12, 2019 under docket number BIS-
2018-0006. The U.S. Department of Commerce response to an exclusion
request will also be responsive to any of the objection(s), rebuttal(s)
and surrebuttal(s) for that submitted exclusion request submitted under
docket number BIS-2018-0006.
(B) Responses in the 232 Exclusions Portal. The U.S. Department of
Commerce will post responses (decision memos) in the 232 Exclusions
Portal to each exclusion request submitted on or after June 13, 2019.
The U.S. Department of Commerce response to an exclusion request will
also be responsive to any of the objection(s), rebuttal(s) and
surrebuttal(s) for that submitted exclusion request submitted through
the 232 Exclusions Portal.
(ii) Streamlined review process for ``No Objection'' requests. The
U.S. Department of Commerce will grant properly filed exclusion
requests which meet the requisite criteria, receive no objections, and
present no national security concerns. If an exclusion request's 30-day
comment period on regulations.gov or in the 232 Exclusions Portal
(based on which submission method was used for the submission of the
exclusion request) has expired and no objections have been submitted,
BIS will immediately assess the request for any national security
concerns. If BIS identifies no national security concerns, it will post
a decision granting the exclusion request on regulations.gov if the
exclusion request was submitted via regulations.gov, or in the 232
Exclusions Portal if the exclusion request was submitted via the 232
Exclusions Portal.
(iii) Effective date for approved exclusions and date used for
calculating duty refunds. (A) Effective date for approved exclusions.
Approved exclusions will be effective five business days after
publication of the U.S. Department of Commerce response granting an
exclusion in regulations.gov or in the 232 Exclusions Portal, based on
which submission method was used for the submission of the exclusion
request. Starting on that date, the requester will be able to rely upon
the approved exclusion request in calculating the duties owed on the
product imported in accordance with the terms listed in the approved
exclusion request.
* * * * *
(3) Review period and implementation of any needed conforming
changes. (i) Review period. The review period normally will not exceed
106 days for requests that receive objections, including adjudication
of objections submitted on exclusion requests and any rebuttals to
objections, and surrebuttals. The estimated 106-day period begins on
the day the exclusion request is posted in either regulations.gov or in
the 232 Exclusions Portal, and ends once a decision to grant or deny is
made on the exclusion request.
* * * * *
(i) For further information. If you have questions on this
supplement, you may contact Director, Industrial Studies, Office of
Technology Evaluation, Bureau of Industry and Security, U.S. Department
of Commerce, at (202) 482-5642 or [email protected] regarding steel
exclusion requests. See Annex 1 to Supplements Nos. 1 and 2 to this
part for application issues that are specific to using
www.regulations.gov for submitting rebuttals and surrebuttals under
these two supplements for exclusion requests submitted no later than
June 12, 2019. The U.S. Department of Commerce has posted in
regulations.gov training documents to assist your understanding when
submitting exclusion requests and objections, including step-by-step
screen shots of the process when using regulations.gov. The U.S.
Department of Commerce website also includes FAQs, best practices other
companies have used for submitting exclusion requests and objections,
and helpful checklists. The U.S. Department of Commerce has also
included a manual providing instruction on the 232 Exclusions Portal
for exclusion requests submitted on or after June 13, 2019, titled 232
Exclusions Portal Comprehensive Guide (``232 Exclusions Guide'') and
posted online at (https://www.commerce.gov/page/section-232-investigations) to assist your understanding when making 232
submissions in the 232 Exclusions Portal.
0
3. Supplement No. 2 to part 705 is amended:
0
a. By revising paragraph (a);
0
b. By revising the introductory text of paragraph (b) and paragraphs
(b)(1) through (4);
0
c. By revising paragraphs (b)(5)(iii)(A) through (C);
0
d. By revising paragraphs (c)(3) and (4);
0
e. By revising paragraph (d)(2) and (3);
0
f. By revising the first sentence of the introductory text of paragraph
(f) and paragraphs (f)(1), (2), and (4);
0
g. By revising the first sentence of the introductory text of paragraph
(g) and paragraphs (g)(1), (2), and (4);
0
h. By revising paragraphs (h)(2)(i) and (ii), (h)(2)(iii)(A), and
(h)(3)(i); and
0
i. By revising paragraph (i).
The revisions read as follows:
Supplement No. 2 to Part 705--Requirements for Submissions Requesting
Exclusions From the Remedies Instituted in Presidential Proclamation
9704 of March 8, 2018 to Adjusting Imports of Aluminum Into the United
States
* * * * *
(a) Scope. This supplement specifies the requirements and process
for how directly affected parties located in the United States may
submit requests for exclusions from the duties and quantitative
limitations imposed by the President. This supplement also specifies
the requirements and process for how parties in the United States may
submit objections to submitted exclusion requests for relief from the
duties or quantitative limitations imposed by the President, and
rebuttals to submitted objections and surrebuttals (collectively, ``232
submissions''). This supplement identifies the time periods for such
submissions, the methods of submission, and the information that must
be included in such submissions. This supplement references two
different methods of submission for 232 submissions: One based on a
legacy system used for 232 submissions (www.regulations.gov), and a
second system based on a new portal developed by the U.S. Department of
Commerce, (232 Exclusions Portal) for receiving, managing and
responding to 232 submissions. The regulations.gov system must be used
for all exclusion requests submitted no later than June 12, 2019.
Thereafter, beginning on June 13, 2019, all exclusion requests must be
submitted on the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations). Objections, rebuttals, and surrebuttals
must always be filed on the system where the exclusion request was
submitted
[[Page 26761]]
whether in www.regulations.gov, or in the 232 Exclusions Portal. For
example, if the exclusion request was submitted in www.regulations.gov,
any objections, rebuttals, and surrebuttals pertaining to that
exclusion request would also only be submitted in www.regulations.gov.
Conversely, if the exclusion request was submitted in the 232
Exclusions Portal, any objections, rebuttals, and surrebuttals
pertaining to that exclusion request would also only be submitted in
the 232 Exclusions Portal. The use of regulations.gov for the 232
exclusions process will end once all exclusion requests submitted to
regulations.gov no later than June 12, 2019 have completed the 232
exclusions process pursuant to this supplement--meaning the exclusion,
objection, rebuttal, and surrebuttal process have been completed and
the U.S. Department of Commerce has made a final disposition of the 232
submissions.
(b) Required forms. For any exclusion request to be submitted no
later than June 12, 2019, the U.S. Department of Commerce has posted
four separate fillable forms on the BIS website at https://www.bis.doc.gov/index.php/232-aluminum and on the Federal rulemaking
portal (http://www.regulations.gov) that are to be used by
organizations for submitting exclusion requests, objections to
exclusion requests, rebuttals, and surrebuttals described in this
supplement. On regulations.gov, you can find these four forms for
aluminum exclusion requests, objections to exclusion requests,
rebuttals to objections, and surrebuttals by searching for its
regulations.gov docket number, which is BIS-2018-0002. For any
exclusion request to be submitted on or after June 13, 2019, the 232
Exclusions Portal (https://www.commerce.gov/page/section-232-investigations) includes four web-based forms that are to be used for
submitting exclusion requests, objections to exclusion requests,
rebuttals, and surrebuttals described in this supplement. On the 232
Exclusions Portal, each web-based form is available on the portal at
the bottom of the preceding filing. For example, a party submitting an
objection will access the objection form by scrolling to the bottom of
the exclusion request, the rebuttal filer will access the rebuttal form
by scrolling to the bottom of the objection form, and the surrebuttal
filer would access the surrebuttal form by scrolling to the bottom of
the rebuttal form. The U.S. Department of Commerce requires requesters
and objectors to use the appropriate form as specified under paragraphs
(b)(1) and (2) of this supplement for submitting exclusion requests and
objections to submitted exclusion requests, and the forms specified
under paragraphs (b)(3) and (4) of this supplement for submitting
rebuttals and surrebuttals. In addition, submitters of exclusion
requests, objections to submitted exclusion requests, rebuttals, and
surrebuttals to the 232 Exclusions Portal will be required to complete
a web-based registration on the 232 Exclusions Portal prior to
submitting any documents. In order to register, submitters will be
required to provide an email and establish a password for the account.
After completing the registration, submitters will be able to login to
an account on the 232 Exclusions Portal and submit exclusion requests,
objections, rebuttals and surrebuttal documents.
(1) Form required for submitting exclusion requests. The full name
of the form used for submitting exclusion requests is Request for
Exclusion from Remedies: Section 232 National Security Investigation of
Aluminum Imports. The Title in www.regulations.gov is Exclusion
Request--Aluminum and is posted under ID # BIS-2018-0002-0002. The
Title of the web-based fillable form in the 232 Exclusions Portal is
Exclusion Request.
(2) Form required for submitting objections to submitted exclusion
requests. The name of the form used for submitting objections to
submitted exclusion requests is Objection Filing to Posted Section 232
Exclusion Request: Aluminum. The Title in www.regulations.gov is
Objection Filing--Aluminum and is posted under ID # BIS-2018-0002-0003.
The Title of the web-based fillable form in the 232 Exclusions Portal
is Objection.
(3) Form required for submitting rebuttals. The name of the form
used for submitting rebuttals to objections is Rebuttal to Objection
Received for Section 232 Exclusion Request: Aluminum. The Title in
www.regulations.gov is Rebuttal Filing--Aluminum and is posted under ID
# BIS-2018-0002-4393. The Title of the web-based fillable form in the
232 Exclusions Portal is Rebuttal.
(4) Form required for submitting surrebuttals. The name of the form
used for submitting surrebuttals to objections is Surrebuttal to
Rebuttal Received on Section 232 Objection: Aluminum. The Title in
www.regulations.gov is Surrebuttal Filing--Aluminum and is posted under
ID # BIS-2018-0002-4394. The Title of the web-based fillable form in
the 232 Exclusions Portal is Surrebuttal.
Note to paragraphs (b)(1) through (4): On the 232 Exclusions
Portal, each exclusion request is assigned a distinct ID#, which is
also used with its associated 232 submissions, but preceded with an
acronym identifying the file type: Exclusion Requests (ER ID#),
Objection (OF ID#), Rebuttals (RB ID#) and Surrebuttals (SR ID#).
For an example of the four possible types of 232 submissions
associated with a single exclusion request, you could have ER ID
237, OF ID 237, RB ID 237 and SR ID 237. The 232 Exclusions Portal
will automatically assign the two letter designator depending on the
type of web-based form being submitted in the portal and will assign
an ID number to the original exclusion request and that ID number
will be common to any objection, rebuttal, or surrebuttal submitted
pertaining to the same exclusion request.
(5) * * *
(iii) * * *
(A) On the same day that you submit your 232 submission in
www.regulations.gov or in the 232 Exclusions Portal, send an email to
the U.S. Department of Commerce. The email address used is different
depending on the type of submission the emailed CBI is for, as follows:
CBI for rebuttals use [email protected]; and CBI for surrebuttals
use [email protected].
(B) For rebuttals and surrebuttals pertaining to 232 submissions
for exclusion requests submitted no later than June 12, 2019, the email
subject line must only include the original regulations.gov exclusion
request ID # (BIS-2018-000X-XXXXX) and the body of the email must
include the 11-digit alphanumeric tracking number (XXX-XXXX-XXXX) you
received from regulations.gov when you successfully submitted your
rebuttal, or surrebuttal. For rebuttals and surrebuttals pertaining to
232 submissions for exclusion requests submitted on or after June 13,
2019, the email subject line must only include the original 232
Exclusions Portal (Exclusion Request (ER)) ID # and the body of the
email must include the 232 Exclusions Portal Rebuttal (RB) ID #, or
Surrebuttal (SR) ID# you received from the 232 Exclusions Portal when
you successfully submitted your rebuttal, or surrebuttal. These naming
conventions used in www.regulations.gov and in the 232 Exclusions
Portal, respectively, will assist the U.S. Department of Commerce to
associate the CBI that will not be posted in regulations.gov or in the
232 Exclusions Portal, with the information included in the public
submission.
(C) Submit the CBI as an attachment to that email. The CBI is
limited to a maximum of 5 pages per rebuttal or
[[Page 26762]]
surrebuttal. The email is to be limited to sending your CBI. All other
information for the public submission, and public versions of the CBI,
where appropriate, for a 232 submission must be submitted using
www.regulations.gov or in the 232 Exclusions Portal following the
procedures identified in this supplement, as appropriate.
* * * * *
(c) * * *
(3) Where to submit exclusion requests? All exclusion requests
submitted no later than June 12, 2019 must be in electronic form and
submitted to the Federal rulemaking portal (http://www.regulations.gov). You can find the interim final rule that added
this supplement by searching for the regulations.gov docket number,
which is BIS-2018-0002. All exclusion requests submitted on or after
June 13, 2019, must be submitted directly on the 232 Exclusions Portal
(https://www.commerce.gov/page/section-232-investigations).
(4) No time limit for submitting exclusion requests. Exclusion
requests may be submitted at any time, but the date of submission
determines whether an exclusion request must be submitted via
regulations.gov or via the new 232 Exclusions Portal, as indicated in
paragraph (c)(3) of this supplement. The U.S. Department of Commerce
will reject and require resubmission using the correct submission
method, of any exclusion request that does not use the correct
submission method specified in this supplement based on the date of
submission. Strict adherence to the correct submission method based on
the date of an exclusion request's submission is required to ensure the
efficient, fair, and transparent processing of exclusion requests
during the transition period by the U.S. Department of Commerce, and to
enable the Department to complete the transition to the 232 Exclusions
Portal as quickly as possible.
* * * * *
(d) * * *
(2) Identification of objections to submitted exclusion requests--
(i) Objections to submitted exclusion requests in regulations.gov. When
submitting an objection to an exclusion request that was submitted no
later than June 12, 2019, the objector must locate the exclusion
request and submit a comment on the submitted exclusion request in
regulations.gov. The file name of the objection submission should
include the objector's name, date of submission of the objection, name
of the organization that submitted the exclusion request, and date the
exclusion request was posted. For example, if Company X is submitting
on April 1, 2018, an objection to an exclusion request submitted by
Company A on March 15, 2018, the file should be named: ``Company X
objection_4-1-18 for Company A exclusion request_3-15-18.'' In
regulations.gov once an objection to a submitted exclusion request is
posted, the objection will appear as a document under the related
exclusion request.
(ii) Objections to submitted exclusion requests in the 232
Exclusions Portal. When submitting an objection to a submitted
exclusion request that was submitted on or after June 13, 2019, the
objector must locate the exclusion request and submit the objection in
response to the request, directly in the 232 Exclusions Portal. Once
the relevant exclusion request has been located, an individual or
organization that would like to submit an objection will access the
objection form by scrolling to the bottom of the exclusion request form
and then filling out the web-based form for submitting their objection
to the exclusion request in the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations).
(3) Time limit for submitting objections to submitted exclusions
requests. All objections to submitted exclusion requests that were
submitted no later than June 12, 2019 must be in electronic form and
submitted to the Federal rulemaking portal (http://www.regulations.gov)
no later than 30 days after the related exclusion request is posted.
All objections to submitted exclusion requests that were submitted on
or after June 13, 2019, must be submitted directly on the 232
Exclusions Portal (https://www.commerce.gov/page/section-232-investigations) no later than 30 days after the related exclusion
request is posted.
* * * * *
(f) Rebuttal process. Only individuals or organizations that have
submitted an exclusion request pursuant to this supplement may submit a
rebuttal to any objection(s) posted to their exclusion request in the
Federal rulemaking portal (http://www.regulations.gov) or in the 232
Exclusions Portal (https://www.commerce.gov/page/section-232-investigations). * * *
(1) Identification of rebuttals. (i) Identification of rebuttals in
regulations.gov. When submitting a rebuttal, the individual or
organization that submitted the exclusion request submits a comment on
the objection to the submitted exclusion request in the Federal
rulemaking portal (http://www.regulations.gov). See Annex 1 to
Supplements No. 1 and 2 to this part for a five-step process for how to
submit rebuttals. Annex 1 describes the naming convention used for
identification of rebuttals and the steps needed to identify objections
to exclusion requests when using www.regulations.gov to submit a
rebuttal. Submitters of rebuttals must follow the steps described in
Annex 1, including following the naming convention of rebuttals. In
regulations.gov once a rebuttal to an objection to a submitted
exclusion request is posted, the rebuttal will appear as a document
under the related exclusion request.
(ii) Identification of rebuttals in 232 Exclusions Portal. When
submitting a rebuttal, the individual or organization that submitted
the exclusion request will access the rebuttal form by scrolling to the
bottom of the objection form and then filling out the web-based form
for submitting their rebuttal to the objection in the 232 Exclusions
Portal (https://www.commerce.gov/page/section-232-investigations).
(2) Format and size limitations for rebuttals. Similar to the
exclusions process identified under paragraph (c) of this supplement
and the objection process identified under paragraph (d) of this
supplement, the rebuttal process requires the submission of a
government form as specified in paragraph (b)(3) of this supplement.
The rebuttal must be in writing and submitted in regulations.gov if the
exclusion request was submitted via regulations.gov, or in the 232
Exclusions Portal if the exclusion request was submitted via the 232
Exclusions Portal. Each rebuttal is to be limited to a maximum of 10
pages, inclusive of all exhibits and attachments, but exclusive of the
rebuttal form and any CBI provided to the U.S. Department of Commerce.
Each attachment to a submission must be less than 10 MB.
* * * * *
(4) Time limit for submitting rebuttals. The rebuttal period begins
on the date the Department opens the rebuttal period after the posting
of the last objection in regulations.gov if the exclusion request was
submitted via regulations.gov, or in the 232 Exclusions Portal if the
exclusion request was submitted via the 232 Exclusions Portal. This
beginning date will be sometime between thirty-one to forty-five days
(a fifteen day range) after an exclusion request has been posted. The
range of days is needed to account for time needed by the U.S.
Department of Commerce to review any objections
[[Page 26763]]
submitted to determine whether the objections are complete and should
be posted in regulations.gov or in the 232 Exclusions Portal. The
rebuttal period ends seven days after the rebuttal comment period is
opened. This seven day rebuttal period allows for the individual or
organization that submitted an exclusion request pursuant to this
supplement to submit any written rebuttals that it believes are
warranted.
Note to paragraph (f)(4): For exclusion requests that received
an objection(s) but for which the U.S. Department of Commerce has
not posted a final determination on the exclusion request as of
September 11, 2018, the Department will reopen the requests to allow
for the submission of rebuttals. The Department will reopen the
requests on a rolling basis starting on September 11, 2018, and will
seek to complete the reopening process on the date that is seven
days after September 18, 2018, to serve as the start date for the
review periods identified in paragraph (f)(4) of this supplement for
those requests.
(g) Surrebuttal process. Only individuals or organizations that
have a posted objection to a submitted exclusion request pursuant to
this supplement may submit a surrebuttal to a rebuttal (see paragraph
(f) of this supplement) posted to their objection to an exclusion
request in the Federal rulemaking portal (http://www.regulations.gov)
or in the 232 Exclusions Portal (https://www.commerce.gov/page/section-232-investigations). * * *
(1) Identification of surrebuttals. (i) Identification of
surrebuttals in regulations.gov. When submitting a surrebuttal, the
individual or organization that submitted the objection to an exclusion
request would submit a comment on the submitted rebuttal to the
objection submitted in the Federal rulemaking portal (http://www.regulations.gov). See Annex 1 to Supplements No. 1 and 2 to this
part for a five-step process for how to submit surrebuttals. Annex 1
describes the naming convention used for identification of surrebuttals
and the steps needed to identify rebuttals in regulations when using
www.regulations.gov to submit a surrebuttal. Submitters of surrebuttals
must follow the steps described in Annex 1, including following the
naming convention of surrebuttals. In regulations.gov once a
surrebuttal to a rebuttal to an objection to a submitted exclusion
request is posted, the surrebuttal will appear as a document under the
related exclusion request.
(ii) Identification of surrebuttals in the 232 Exclusions Portal.
When submitting a surrebuttal, the individual or organization that
submitted the objection will access the surrebuttal form by scrolling
to the bottom of the rebuttal form and then filling out the web-based
form for submitting their surrebuttal to the rebuttal in the 232
Exclusions Portal (https://www.commerce.gov/page/section-232-investigations).
(2) Format and size limitations for surrebuttals. Similar to the
exclusions process identified under paragraph (c) of this supplement,
the objection process identified under paragraph (d) of this
supplement, and the rebuttal process identified under paragraph (f) of
this supplement, the surrebuttal process requires the submission of a
government form as specified in paragraph (b)(4) supplement. The
surrebuttal must be in writing and submitted in regulations.gov if the
exclusion request was submitted via regulations.gov, or in the 232
Exclusions Portal if the exclusion request was submitted via the 232
Exclusions Portal. Each surrebuttal is to be limited to a maximum of 10
pages, inclusive of all exhibits and attachments, but exclusive of the
surrebuttal form and any CBI provided to the U.S. Department of
Commerce. Each attachment to a submission must be less than 10 MB.
* * * * *
(4) Time limit for submitting surrebuttals. The surrebuttal period
begins on the date the Department opens the surrebuttal period, after
the posting of the last rebuttal to an objection to an exclusion
request in regulations.gov if the exclusion request was submitted via
regulations.gov, or in the 232 Exclusions Portal if the exclusion
request was submitted via the 232 Exclusions Portal. This will be
sometime within a fifteen-day range after the rebuttal period has
closed. The range of days is needed to account for time needed by the
U.S. Department of Commerce to review any rebuttals to objections
submitted to determine whether the rebuttals are complete and should be
posted in regulations.gov or in the 232 Exclusions Portal. The
surrebuttal period ends seven days after the surrebuttal period is
opened. This seven-day surrebuttal period allows for the individual or
organization that submitted an objection to a submitted exclusion
request pursuant to this supplement to submit any written surrebuttals
that it believes are warranted to respond to a rebuttal.
(h) * * *
(2) Disposition of complete submissions. (i) Posting of responses.
(A) Responses in regulations.gov. The U.S. Department of Commerce will
post responses (decision memos) in regulations.gov to each exclusion
request submitted no later than June 12, 2019 under docket number BIS-
2018-0002. The U.S. Department of Commerce response to an exclusion
request will also be responsive to any of the objection(s),
rebuttal(s), and surrebuttal(s) for that submitted exclusion request
submitted under docket number BIS-2018-0002.
(B) Responses in the 232 Exclusions Portal. The U.S. Department of
Commerce will post responses (decision memos) in the 232 Exclusions
Portal to each exclusion request submitted on or after June 13, 2019.
The U.S. Department of Commerce response to an exclusion request will
also be responsive to any of the objection(s), rebuttal(s) and
surrebuttal(s) for that submitted exclusion request submitted through
the 232 Exclusions Portal.
(ii) Streamlined review process for ``No Objection'' requests. The
U.S. Department of Commerce will grant properly filed exclusion
requests which meet the requisite criteria, receive no objections, and
present no national security concerns. If an exclusion request's 30-day
comment period on regulations.gov or in the 232 Exclusions Portal
(based on which submission method was used for the submission of the
exclusion request) has expired and no objections have been submitted,
BIS will immediately assess the request for any national security
concerns. If BIS identifies no national security concerns, it will post
a decision granting the exclusion request on regulations.gov if the
exclusion request was submitted via regulations.gov, or in the 232
Exclusions Portal if the exclusion request was submitted via the 232
Exclusions Portal.
(iii) Effective date for approved exclusions and date used for
calculating duty refunds. (A) Effective date for approved exclusions.
Approved exclusions will be effective five business days after
publication of the U.S. Department of Commerce response granting an
exclusion in regulations.gov or in the 232 Exclusions Portal, based on
which submission method was used for the submission of the exclusion
request. Starting on that date, the requester will be able to rely upon
the approved exclusion request in calculating the duties owed on the
product imported in accordance with the terms listed in the approved
exclusion request.
* * * * *
(3) Review period and implementation of any needed conforming
changes. (i) Review period. The review period normally will not exceed
106 days for
[[Page 26764]]
requests that receive objections, including adjudication of objections
submitted on exclusion requests and any rebuttals to objections, and
surrebuttals. The estimated 106-day period begins on the day the
exclusion request is posted in either regulations.gov or in the 232
Exclusions Portal and ends once a decision to grant or deny is made on
the exclusion request.
* * * * *
(i) For further information. If you have questions on this
supplement, you may contact Director, Industrial Studies, Office of
Technology Evaluation, Bureau of Industry and Security, U.S. Department
of Commerce, at (202) 482-4757 or [email protected] regarding
aluminum exclusion requests. See Annex 1 to Supplements Nos. 1 and 2 to
this part for application issues that are specific to using
www.regulations.gov for submitting rebuttals and surrebuttals under
these two supplements for exclusion requests submitted no later than
June 12, 2019. The U.S. Department of Commerce has posted in
regulations.gov training documents to assist your understanding when
submitting 232 submissions. These documents include step-by-step screen
shots of the process for using regulations.gov. The U.S. Department of
Commerce website also includes FAQs and best practices other companies
have used for submitting exclusion requests and objections. The U.S.
Department of Commerce has also included a manual providing instruction
on the 232 Exclusions Portal for exclusion requests submitted on or
after June 13, 2019, titled 232 Exclusions Portal Comprehensive Guide
(``232 Exclusions Guide'') and posted online at (https://www.commerce.gov/page/section-232-investigations) to assist your
understanding when making 232 submissions in the 232 Exclusions Portal.
0
4. Annex 1 to Supplements No. 1 and 2 to part 705 is amended by adding
introductory text before the phrase ``HOW TO FILE REBUTTAL COMMENTS''
to read as follows:
Annex 1 to Supplements No. 1 and 2 to Part 705--Steps for Using
Regulations.gov to File Rebuttals and Surrebuttals
These steps for how to file rebuttal and surrebuttal comments are
only applicable to exclusion requests submitted no later than June 12,
2019 in regulations.gov. For guidance on how to file rebuttal and
surrebuttal comments to exclusion requests submitted on or after June
13, 2019, in the 232 Exclusions Portal, see the manual, 232 Exclusions
Portal Comprehensive Guide (``232 Exclusions Guide'') posted online at
(https://www.commerce.gov/page/section-232-investigations).
* * * * *
Dated: June 6, 2019.
Nazak Nikakhtar,
Assistant Secretary for Industry and Analysis, performing the
nonexclusive functions and duties of the Under Secretary for Industry
and Security.
[FR Doc. 2019-12254 Filed 6-6-19; 4:15 pm]
BILLING CODE 3510-33-P
