[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).

[[Page 26755]]

    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.

[[Page 26756]]

    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