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US Customs and Border Protection Announces Details of Tariff Rate Quotas for EU Steel and Aluminum Products | Faegre Drinker Biddle & Reath LLP

US Customs and Border Protection (CBP) recently announced details of the implementation of the tariff rate quota (TRQ) system that the United States and European Union (EU) have negotiated to replace national security tariffs. of section 232 on certain steel and aluminum products. The tariff quota system entered into force on January 1, 2022.

The United States Department of Commerce (DOC) has established overall tariff limits, per Harmonized Tariff (HTS) steel / aluminum group covered. The DOC subdivided the global tariff quota into quota limits for goods produced by each country in the EU, based on historical import data from the United States. Tariff quota limits are also divided by quarter.

Country-specific tariff rate quotas for steel products entered in the first and second quarters of 2022 are provided in CBP Publication No. 1628-1221: Sec. 232 Tariff quota (TC) for steel 2022 T1 and T2.

Country-specific tariff rate quotas for aluminum products entered during the first and second quarters of 2022 are provided in CBP Publication No. 1627-1221: Sec. 232 Tariff rate quota (TC) for aluminum 2022.

Please note that, within the limits specific to EU countries and products, CBP will administer programs on a first come, first served basis. If the covered merchandise enters after the quota limit for the quarter closes, the merchandise will be subject to the tariffs in section 232. Also note that the goods eligible for a product exclusion will not count against the tariff rate quota for the quarter. ‘EU. Therefore, if your business has already introduced steel or aluminum under a section 232 tariff exclusion, you must continue to do so and renew your exclusion if necessary.

Further details on the steel tariff rate quota program are provided in the CBP Bulletin, QB 22-801 2022: Tariff rate quota (TC) for the first and second quarters for steelworks articles from European Union (EU) member countries.

Further details on the aluminum tariff rate quota program are provided in the CBP newsletter, QB 22-901 2022: First and second period tariff rate quota (TC) for aluminum articles from European Union (EU) member countries.

Please also note that Chairman Biden has requested DOC to issue a notice soliciting comments from interested parties on the Section 232 exclusion process. After the comment period, DOC will issue regulations to revise the process for exclusion. exclusion, if applicable, including examining whether the availability and national security criteria for granting exclusions continue to be appropriate. We strongly encourage companies that use the opt-out process to submit comments to pursue the opt-out based on availability.