[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Rules and Regulations]
[Pages 70003-70015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26634]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 705

[Docket No. 211115-0229]
RIN 0694-AH55


Removal of Certain General Approved Exclusions (GAEs) Under the 
Section 232 Steel and Aluminum Tariff Exclusions Process

AGENCY: Bureau of Industry and Security, U.S. Department of Commerce.

ACTION: Interim final rule.

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SUMMARY: On December 14, 2020, the Department of Commerce published an 
interim final rule (the ``December 14 rule'') that revised aspects of 
the process for requesting exclusions from the duties and quantitative 
limitations on imports of aluminum and steel discussed in three 
previous Department of Commerce (``Commerce'') interim final rules 
implementing the exclusion process authorized by the President under 
Section 232 of the Trade Expansion Act of 1962, as amended, as well as 
a May 26, 2020 notice of inquiry. The December 14 rule included adding 
123 General Approved Exclusions (GAEs) to the regulations. 
Subsequently, based on Commerce's review of the public comments 
received in response to the December 14 rule and additional analysis 
conducted by Commerce on the Section 232 exclusion request submissions, 
Commerce determined that a subset of the GAEs added in the December 14 
rule no longer meets the criteria for inclusion as a GAE and should 
therefore be removed. Commerce is removing these GAEs in this interim 
final rule to ensure only those GAEs that meet the stated criteria from 
the December 14 rule will continue to be included as eligible GAEs. 
This interim final rule removes thirty of the GAEs that were added to 
the regulations in the December 14 rule, consisting of twenty-six GAEs 
for steel and four GAEs for aluminum. As a conforming change to a 
recent U.S. International Trade Commission (ITC) decision, this rule 
also removes one additional steel GAE. Lastly, this interim final rule 
adds a note to both GAE supplements to address future changes to the 
Harmonized Tariff Schedule of the United States (HTSUS).

[[Page 70004]]


DATES: This interim final rule is effective December 27, 2021.

FOR FURTHER INFORMATION CONTACT: For questions regarding this interim 
final rule, contact Kevin Coyne at 202-482-3203 or via email 
[email protected], or email [email protected] regarding 
provisions in this rule specific to steel exclusion requests and 
[email protected] regarding provisions in this rule specific to 
aluminum exclusion requests.

SUPPLEMENTARY INFORMATION:

Background

    On March 8, 2018, Proclamations 9704 and 9705 were issued imposing 
duties on imports of aluminum and steel, respectively. The 
Proclamations also authorized the Secretary of Commerce (``the 
Secretary'') to grant exclusions from the duties if the 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, the 
Secretary was authorized to grant exclusions from quantitative 
limitations based on the same standards applicable to exclusions from 
the tariffs.

Implementing and Improving the Section 232 Exclusions Process

    Since March 19, 2018, Commerce has published a series of four 
interim final rules that established and made various improvements to 
the Section 232 exclusions process.
    On March 19, 2018, Commerce 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 Section 232 exclusions process.
    On September 11, 2018, Commerce 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 further ensure a transparent, fair, and 
efficient exclusion and objection process.
    On June 10, 2019, Commerce issued a third interim final rule, 
Implementation of New Commerce Section 232 Exclusions Portal (84 FR 
26751) (the ``June 10 rule''), that revised the two supplements added 
by the March 19 and September 11 rules to grant the public the ability 
to submit new exclusion requests through the Section 232 Exclusions 
Portal while still allowing the opportunity for public comment on the 
portal.
    On May 26, 2020, Commerce issued a notice of inquiry with request 
for comment, Notice of Inquiry Regarding the Exclusion Process for 
Section 232 Steel and Aluminum Import Tariffs and Quotas (85 FR 31441) 
(the ``May 26 notice''), that sought public comment on the 
appropriateness of the information requested and considered in applying 
the exclusion criteria, and the efficiency and transparency of the 
process employed.
    On December 14, 2020, Commerce issued a fourth interim final rule, 
Implementation of New Commerce Section 232 Exclusions Portal (85 FR 
81060) (the ``December 14 rule''), that made additional revisions to 
the Section 232 exclusion process and added General Approved Exclusions 
(GAEs) to supplements no. 2 and no. 3 to part 705.

Adoption of General Approved Exclusions

    As noted above, the December 14 rule added new supplements, no. 2 
and no. 3, for identifying GAEs for steel and aluminum articles under 
the Section 232 exclusions process and the first approved tranche of 
GAEs for steel and aluminum articles. GAEs addressed a long-standing 
request from exclusion requesters to create a more efficient process to 
approve certain exclusions where Commerce has determined that: (1) No 
objections will be received; and (2) it is warranted to approve an 
exclusion for all importers to use.
    Specifically, the December 14 rule added a new Supplement No. 2 to 
Part 705--General Approved Exclusions (GAEs) for Steel Articles Under 
the Section 232 Exclusions Process, and a new Supplement No. 3 to Part 
705--General Approved Exclusions (GAEs) for Aluminum Articles under the 
Section 232 Exclusions Process. These two supplements identify the 
steel and aluminum articles that have been approved for import under a 
GAE. The December 14 rule added 108 GAEs for steel articles under 
supplement no. 2 to part 705 and 15 GAEs for aluminum articles under 
supplement no. 3 to part 705. Each GAE is identified under the GAE 
identifier column, e.g., GAE.1.S: 7304592030 (for the first approved 
GAE for steel) or GAE.1.A: 7609000000 (for the first approved GAE for 
aluminum).
    The Secretary, in consultation with the Secretary of Defense, the 
Secretary of the Treasury, the Secretary of State, the United States 
Trade Representative, the Assistant to the President for Economic 
Policy, the Assistant to the President for National Security Affairs, 
and other senior Executive Branch officials, as appropriate, makes the 
determinations that certain aluminum and steel articles may be 
authorized under a GAE consistent with the objectives of the Section 
232 exclusions process as outlined in supplement no. 1 to part 705.
    The GAEs described in these supplements may be used by any 
importer. The two supplements specify that, in order to use a GAE, the 
importer must reference the GAE identifier in the Automated Commercial 
Environment (ACE) system that corresponds to the steel or aluminum 
articles being imported. GAEs do not include quantity limits. The 
effective date for each GAE will be fifteen calendar days after the 
date of publication of a Federal Register notice either adding or 
revising a specific GAE identifier in supplements no. 2 or no. 3 to 
this part. There will be no retroactive relief for GAEs. The December 
14 rule also specified that relief is only available to steel or 
aluminum articles that are entered for consumption, or withdrawn from 
warehouse for consumption, on or after the effective date of a GAE 
included in supplements no. 2 or no. 3 to part 705.
    The December 14 rule specified that these GAEs are indefinite in 
length, but Commerce may at any time issue a Federal Register notice 
removing, revising, or adding to an existing GAE in either of the two 
supplements as warranted to align with the objectives of the Section 
232 exclusions process as described in supplement no. 1 to part 705. As 
described below, Commerce is making such a revision with the 
publication of today's interim final rule by removing 30 of the GAEs. 
Commerce may periodically publish notices of inquiry in the Federal 
Register soliciting public comments on potential removals, revisions, 
or additions to this supplement.

[[Page 70005]]

Why is Commerce publishing this interim final rule?

    Commerce is publishing this interim final rule to remove a subset 
of GAEs (26 GAEs for steel and 4 GAEs for aluminum) added in the 
December 14 rule after public comments on the December 14 rule and 
subsequent Commerce analysis of data in the Section 232 Exclusions 
Portal identified these HTSUS codes as not meeting the criteria for 
inclusion as a GAE. These cases include HTSUS codes with exclusion 
requests that recently received objections and/or denials in the 
Section 232 Exclusions Portal. Commerce is removing these GAEs in this 
interim final rule to ensure that only those GAEs that meet the stated 
criteria from the December 14 rule will continue to be included as 
eligible GAEs.

What is the key change included in this interim final rule?

    This interim final rule is being published to make the following 
key change to the Section 232 exclusions process: As described above, 
the December 14 rule included adding 123 GAEs. The addition of GAEs 
improved the efficiency and effectiveness of the Section 232 exclusions 
process for certain steel and aluminum articles under select HTSUS 
codes that had not received objections from domestic industry. Commerce 
determined that it could authorize imports under GAEs for these 
specified articles as defined by HTSUS codes for all importers rather 
than requiring each importer to submit an exclusion request.
    Subsequently, based on Commerce's review of the public comments 
received in response to the December 14 rule and additional analysis 
conducted by Commerce of Section 232 submissions, Commerce determined 
that a subset of the GAEs added in the December 14 rule do not meet the 
criteria for inclusion as a GAE and should therefore be removed. 
Commerce is removing these GAEs in today's rule to ensure that only 
those GAEs that meet the stated criteria from the December 14 rule will 
continue to be included as eligible GAEs. This interim final rule 
removes 30 of the GAEs that were added to the regulations in the 
December 14 rule, consisting of 26 GAEs for steel (``GAE.3.S: 
7220900060,'' ``GAE.7.S: 7227901060,'' ``GAE.14.S: 7215500018,'' 
``GAE.16.S: 7228501040,'' ``GAE.23.S: 7220206010,'' ``GAE.27.S: 
7219320020,'' ``GAE.33.S: 7304515005,'' ``GAE.34.S: 7219330025,'' 
``GAE.35.S: 7217901000,'' ``GAE.37.S: 7217108030,'' ``GAE.38.S: 
7212200000,'' ``GAE.39.S: 7217204560,'' ``GAE.52.S: 7219220040,'' 
``GAE.53.S: 7219320038,'' ``GAE.54.S: 7219320045,'' ``GAE.55.S: 
7219350005,'' ``GAE.56.S: 7219320036,'' ``GAE.60.S: 7225501110,'' 
``GAE.68.S: 7302101015,'' ``GAE.71.S: 7217304541,'' ``GAE.75.S: 
7219210005,'' ``GAE.76.S: 7304293160,'' ``GAE.78.S: 7216400010,'' 
``GAE.87.S: 7304293180,'' ``GAE.92.S: 7208390015,'' and ``GAE.98.S: 
7229200015'') and 4 GAEs for aluminum (``GAE.2.A: 7607205000,'' 
``GAE.11.A: 7616995170,'' ``GAE.14.A: 7601209095,'' and ``GAE.15.A: 
7616995160''). Because these GAEs do not meet the established criteria, 
Commerce is publishing this interim final rule to remove these thirty 
GAEs. This interim final rule makes no additional changes to the other 
93 GAEs that will continue to remain in supplements no. 2 and no. 3. 
This revision further ensures the Section 232 exclusions process is 
consistent with the rationale for the import restrictions--protecting 
U.S. national security--while increasing the efficiency of the 
exclusion process.

Public Comments and BIS Responses

    The public comment period on the December 14 rule closed on 
February 12, 2021. BIS received thirty-five public comments on the 
interim final rule.

GAEs That Received Objections and/or Denials

    Comment (a)(1): GAEs did not follow the criteria stated in the 
December 14 rule because some GAE HTSUS codes received objections and/
or denials. Several comments referenced the criteria Commerce included 
in the December 14 rule detailing why certain HTSUS codes were selected 
for GAEs. Specifically, these commenters noted that according to the 
Department, the ``GAEs address a long-standing request from public 
comments of exclusion requesters to create a more efficient process to 
approve certain exclusions for use by all importers where Commerce has 
determined that no objections will be received and where it is 
warranted to approve an exclusion for all importers to use.'' These 
commenters stated that this is not the case because the GAE list from 
the December 14 rule included several HTSUS codes for which domestic 
producers submitted an objection, covering more than a dozen GAEs. 
These same commenters noted that the GAE list also included several 
HTSUS codes for which the Department had denied exclusion requests. For 
these reasons, these commenters believe the Department's GAE list is, 
therefore, flawed.
    BIS response: Commerce will continue to apply the criteria that 
were included in the December 14 rule. Commerce agrees that a subset of 
GAEs included in the December 14 rule did not meet the stated criteria 
for inclusion as a GAE. The criteria in the December 14 rule need to be 
followed to ensure that GAEs can be implemented in a way that improves 
the efficiency and effectiveness of the Section 232 exclusions process 
without undermining the effectiveness of the tariffs and the national 
security objectives that the tariffs are attempting to address. 
Commerce will act to remove or revise GAE entries once Commerce becomes 
aware of GAEs that do not meet the stated criteria for inclusion.
    Comment (a)(2): Data from Section 232 Exclusions Portal 
demonstrating objections were received. Commenters opposed to the GAEs 
highlighted that a review of the Section 232 Exclusions Portal shows 
that over 70 exclusion requests involving HTSUS provisions included on 
supplements no. 2 and no. 3 in the December 14 rule had objections 
filed and, in a number of cases, the requests were denied by Commerce. 
Commenters noted that despite these findings the HTSUS codes were 
included in the December 14 rule as eligible GAEs. Some of these 
commenters included detailed screen shots or other information taken 
from the Section 232 Exclusions Portal to support their comments.
    BIS response: Commerce agrees with these commenters that the data 
in the Section 232 Exclusions Portal indicates that certain HTSUS codes 
do not meet the criteria for inclusion on the list of GAEs. As 
described below in greater detail, the difference between the stated 
criteria in the December 14 rule and the published list of GAEs 
occurred due to activity in the Section 232 Exclusions Portal which 
occurred after the baseline date used by Commerce for identifying which 
HTSUS codes had not received objections and/or denials and thus were 
eligible for inclusion as GAEs. As described below, Commerce has made 
internal process changes to ensure that the rulemaking process for all 
future rules adding new GAEs will include review immediately prior to 
publication for any new rule adding additional GAEs.
    Comment (a)(3): Including steel or aluminum articles in GAEs that 
had received objections and/or denials is unfair and contrary to the 
objectives of the Section 232 process. Some commenters indicated that 
it is unfair to companies who filed objections, after which the related 
exclusion requests were denied, to allow the same steel or aluminum 
articles to be eligible for GAEs. These commenters were also

[[Page 70006]]

concerned that not only does granting GAEs for such steel and aluminum 
articles allow the company who submitted the exclusion request to 
import the steel or aluminum product tariff-free, it also opens the 
market to all companies who import that aluminum or steel product.
    BIS response: Commerce agrees with these concerns and is addressing 
them in this interim final rule.

Changes Made in This Interim Final Rule To Improve the Section 232 
Exclusions Process

    BIS is suspending 30 out of the 123 GAEs that became effective on 
December 29, 2020. This interim final rule implements these 30 
suspensions by removing these GAEs from supplements no. 2 and no. 3 to 
part 705. Commerce made this determination based on internal review of 
exclusions data which indicated that the articles specified in these 30 
GAEs require further analysis by the Department. Based on the results 
of this analysis, Commerce may reissue these GAEs in whole or in part 
with subsequent interim final rules. As noted in the December 14 rule, 
Commerce may periodically publish notices of inquiry in the Federal 
Register soliciting public comments on potential removals, revisions, 
or additions to the two supplements for GAEs. Based on Commerce's 
experience with the initial tranche of GAEs, Commerce will likely 
publish notices prior to adding additional GAEs to help better inform 
Commerce decisions on what HTSUS codes or specific products may warrant 
inclusion.
    The steel and aluminum articles specified by these 30 GAEs (as 
defined by their HTSUS Classifications) will revert to the duties and 
treatment previously established under Presidential Proclamations 9704 
and 9705 as well as subsequent Proclamations.
    Commerce identified 26 steel GAEs and 4 aluminum GAEs for removal 
in this interim final rule. Commerce identified these GAEs based on 
review of its internal exclusions data in light of public comments 
received in response to the December 14 rule highlighting, as noted 
above, that articles under certain HTSUS codes were included as GAEs 
despite previously receiving objections and/or denials in the Section 
232 Exclusions Portal.
    Commerce issued the set of 123 GAEs based on its analysis of all of 
the exclusion requests received through the Section 232 exclusions 
process since its implementation on March 19, 2018. BIS based the GAEs 
on the HTSUS codes that had never received an objection during the 
first thirty months of the Section 232 exclusions process, on the basis 
that the lack of objections indicated either an unwillingness or 
inability of domestic objectors to manufacture the articles classified 
under the HTSUS codes. Commerce conducted its analysis using data, 
drawn on a baseline date of September 12, 2020, from the Section 232 
Exclusions Portal. The baseline date provided for thirty months of 
Section 232 submissions data covering nearly 240,000 of Section 232 
submissions. Based on the quantity and timespan of the data, Commerce 
concluded that all 123 HTSUS codes could be implemented as GAEs.
    Since publishing the December 14 rule, Commerce has become aware 
that exclusion requests for steel and aluminum articles specified by 29 
of the GAEs removed by this interim final rule--25 steel GAEs and 4 
aluminum GAEs--received objections after September 12, 2020. In some 
but not all cases, the Department denied these exclusion requests. BIS 
is removing these 29 GAEs to conduct further analysis with updated data 
from the Section 232 Exclusions Portal. BIS, based on the results of 
this analysis, may reissue these GAEs in whole or part in subsequent 
rules. Commerce has also made internal process changes specific to the 
timing of data runs to ensure that the baseline date used for 
determining new GAEs is as close as possible to when any subsequent 
rule that adds or revises the GAEs is published. These internal process 
changes will allow Commerce, as needed, to remove GAEs from a rule 
prior to publication if it is determined that one or more of the GAEs 
(or the HTSUS codes comprising the GAEs) have received objections and/
or denials.
    As a conforming change to a recent U.S. International Trade 
Commission (ITC) decision, this rule also removes one additional steel 
GAE. Specifically, the ITC 484(f) Committee retired HTSUS 
Classification 7208390015 (covered by GAE.92.S) effective July 1, 2021. 
This rule removes GAE.92.S from the GAE List.
    In order to more efficiently address future ITC changes to the 
Harmonized Tariff Schedule of the United States, Commerce is adding a 
note to supplements no. 2 and no. 3 to specify how GAEs will be treated 
when the ITC makes certain changes to the HTSUS Classifications as part 
of their routine updates to the HTSUS with revisions (including re-
categorizations), modifications, and removals to/from the HTSUS 
Classifications. The note specifies that the list of the HTSUS 
Classifications referenced in supplements no. 2 and no. 3 of GAEs is 
drawn from the Harmonized Tariff Schedule of the United States 
published on the ITC website and ITC Change Records for HTSUS 
Classifications (compiled at https://hts.usitc.gov/) and will be 
amended when the ITC publishes subsequent Change Records. The note 
added to supplements no. 2 and no. 3 specifies that if there are any 
discrepancies between the list of the HTSUS Classifications in the GAE 
List and the HTSUS Classifications identified by the ITC in the 
Harmonized Tariff Schedule of the United States and the associated 
Change Records, the ITC's list of HTSUS Classifications shall be 
controlling. The new note this rule adds to supplements no. 2 and no. 3 
specifies that if an HTSUS Classification defining a GAE is split or 
otherwise modified by the ITC in the HTSUS, Commerce will extend the 
GAE to the newly created HTSUS Classification(s), so long as the new 
`child' HTSUS Classification(s) contain products falling entirely 
within the scope of the old `parent' HTSUS Classification. The new note 
added to supplements no. 2 and no. 3 also specifies that these types of 
`inherited' GAEs will be effective from the effective date of the 
change to the HTSUS, even prior to a Commerce rule being published to 
add the new HTSUS number to one of the GAE lists under supplements no. 
2 or 3. This note being added to supplements no. 2 and no. 3 will allow 
Commerce to instruct CBP to retain the GAE in the event of an HTSUS 
classification being modified even before Commerce is able to update 
and publish a revised GAE list under supplements no. 2 or no. 3. During 
the period after the effective date of the change to the HTSUS and 
before the GAE is updated, ACE will reject entries claiming the 
exclusion with the new HTSUS number and importers will have to make 
entry without the exclusion. In order for importers to preserve their 
rights, if any, to the exclusion with the new HTSUS number during this 
period, the note also advises importers to seek extensions of 
liquidation of the affected entries with CBP until Commerce is able to 
update and publish a revised GAE list under supplements no. 2 or no. 3.
    Commerce has determined that the internal process changes 
implemented will address these issues that occurred during the 
selection of the GAEs included in the December 14 rule. Additionally, 
as stated in the December 14 rule and above, Commerce may publish 
notices requesting comments on additions, removals, or modifications of

[[Page 70007]]

GAEs. Commerce will make changes to the GAEs whenever it is warranted 
to ensure that U.S. national security interests are protected. The 
adoption of the GAEs was an important step for users of steel and 
aluminum articles needed for national security applications as has been 
noted by many commenters on past Section 232 interim final rules. 
However, Commerce will evaluate all changes to the Section 232 program 
in light of whether they are improving the effectiveness of the program 
and whether or not the changes are consistent with the objectives of 
the Section 232 program.
    BIS does not anticipate that suspension of these 30 GAEs will 
substantially increase the total volume of submitted exclusion requests 
in the Section 232 Exclusions Portal. BIS has received 2,109 exclusion 
requests from 109 requestors for articles covered by these 30 GAEs in 
the Section 232 Exclusions Portal over an approximate two-year period. 
BIS estimates that the removal of these 30 GAEs will affect roughly 100 
requestors who submit exclusion requests and will lead to the 
submission of an additional 1,100 exclusion requests per year in the 
Section 232 Exclusions Portal.

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.
    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 expected to increase the burden hours for one of the 
collections associated with this rule, OMB control number 0694-0139. 
This increase is expected because of the removal of 26 GAEs for steel 
and 4 GAEs for aluminum, which is expected to result in an increase of 
1,100 exclusion request submissions per year. These removals are 
estimated to result in a twenty percent reduction in the burden and 
costs savings described in the December 14 rule. These GAE removals are 
expected to be an increase in 1,100 burden hours for a total cost 
increase of 162,800 dollars to the public. There is also expected to be 
an increase in 6,600 burden hours for a total cost increase of 257,000 
dollars to the U.S. Government. As Commerce asserted in the December 14 
rule that the steel and aluminum articles identified as being eligible 
for GAEs, including those being removed in today's rule, had not 
received any objections, the addition of those new GAEs was not 
estimated to result in a decrease in the number of objections, 
rebuttals, or surrebuttals received by BIS. As described elsewhere in 
this rule, the GAEs removed in today's interim final rule did receive 
objections and/or denials and therefore warrant removal at this time. 
Because the December 14 rule did not make any adjustments to the 
collections for objections, rebuttals, or surrebuttals, the removal of 
these GAEs is estimated to result in no change in the burden associated 
with the other two collections. Commerce Department intends to provide 
separate 60-day notice in the Federal Register requesting public 
comment on the information collections contained within this rule.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public comment, and a delay in effective date are inapplicable because 
this regulation involves a military or foreign affairs function of the 
United States. (See 5 U.S.C. 553(a)(1)). As explained in the reports 
submitted by the Secretary to the President, steel and aluminum are 
being imported into the United States in such quantities or under such 
circumstances as to threaten to impair the national security of the 
United States, and therefore the President is implementing these 
remedial actions (as described Proclamations 9704 and 9705 of March 8, 
2018) to protect U.S. national security interests. That implementation 
includes the creation of an effective process by which affected 
domestic parties can obtain exclusion requests ``based upon specific 
national security considerations.'' Commerce started this process with 
the publication of the March 19 rule and refined the process with the 
publication of the September 11, June 10, and December 14 rules and is 
continuing the process with the publication of today's interim final 
rule. The revisions to the exclusion request process are informed by 
the comments received in response to the December 14 rule and 
Commerce's experience with managing the Section 232 exclusions process.
    In the December 14 rule, Commerce took what many commenters 
characterized as a significant step to improve the efficiency and 
effectiveness of the Section 232 exclusions process by adding General 
Approved Exclusions (GAEs). The GAEs are an effort to improve the 
efficiency and effectiveness of the Section 232 exclusions process 
while not undermining the national security objectives of the tariffs 
by adopting a more efficient authorization mechanism for certain steel 
and aluminum articles that had not received objections over an extended 
period of time and with many exclusion requests being submitted for the 
specified articles. Many commenters on the earlier Section 232 rules 
requested that Commerce create a type of general approval that could be 
used by any importer. These commenters on the earlier Section 232 
rules, as well as on December 14 rule, indicated that such general 
approvals would be important to minimize the negative impacts of the 
tariffs and the inefficiencies of the Section 232 exclusions process, 
which these commenters indicated was undermining U.S. national security 
and economic security because of the difficulty and increased costs 
involved in obtaining needed steel and aluminum

[[Page 70008]]

articles, including in certain cases for U.S. defense applications. 
Commerce took a deliberative approach in identifying what HTSUS codes 
could be considered for inclusion as GAEs and specified criteria in the 
December 14 rule to explain how the adoption of these GAEs would not 
undermine the national security objectives of the Section 232 process 
and would instead help to protect U.S. national security and economic 
security by improving the efficiency and effectiveness of the Section 
232 exclusions process. Some commenters on the December 14 rule 
identified the implementation of the GAEs as an area where the 
transparency, effectiveness, and fairness of the process was improved.
    However, other commenters on the December 14 rule raised concerns 
with the addition of the GAEs, in particular raising concerns that the 
addition would directly undermine U.S. national security and the 
objectives of the Section 232 exclusions process. These commenters on 
the December 14 rule highlighted that Commerce was not being consistent 
with the criteria Commerce used for justifying adding the GAEs. 
Therefore, these commenters noted that the addition of these GAEs had 
the potential to significantly undermine the national security 
objectives. These commenters also took issue with Commerce's claim that 
these GAEs would not negatively impact U.S. national security when 
describing the rationale for adding these GAEs. Comments received for 
the December 14 rule in this area primarily focused on the creation of 
specific GAEs containing articles for which exclusion requests had 
previously received objections and/or been denied. These commenters 
noted that for the addition of this subset of GAEs, regardless of the 
merits or rationale for adding the other GAEs, there was a disconnect 
with Commerce's stated criteria from the December 14 rule. Therefore, 
this subset of 29 GAEs must be removed from the regulations.
    Commerce understands the importance of having a transparent, fair, 
and efficient product exclusion request process, consistent with the 
directive provided by the President to create this type of process to 
mitigate any unintended consequences of imposing the tariffs on steel 
and aluminum in order to protect critical U.S. national security 
interests. The publication of today's rule should make further 
improvements in all three respects.
    In addition, Commerce finds that there is good cause under 5 U.S.C. 
553(b)(B) to waive the provisions of the Administrative Procedure Act 
requiring prior notice and the opportunity for public comment, and that 
there is good cause under 5 U.S.C. 553(d)(3) to waive the delay in 
effective date, because such delays would be either impracticable or 
contrary to the public interest. In order to ensure that the actions 
taken to adjust imports do not undermine users of steel or aluminum 
that are subject to the remedial actions instituted by the 
Proclamations and that are critical to protecting the national security 
of the United States, the Presidential Proclamations authorized the 
Secretary of Commerce, in consultation with the Secretary of Defense, 
the Secretary of the Treasury, the Secretary of State, the United 
States Trade Representative, the Assistant to the President for 
Economic Policy, the Assistant to the President for National Security 
Affairs, and other senior Executive Branch officials as appropriate, to 
grant exclusions for the import of goods not currently available in the 
United States in a sufficient quantity or satisfactory quality, or for 
other specific national security reasons. The Presidential 
Proclamations further directed the Secretary to, within ten days, issue 
procedures for submitting and granting these requests for exclusions--
this interim final rule fulfills that direction. As described above, 
the Secretary complied with the direction from the President with the 
publication of the March 19 rule, as well as in the improvements made 
in the September 11, June 10, and December 14 rules, and is taking the 
next step in improving the Section 232 exclusions process by making 
needed changes with the publication of today's rule, so as not to 
undermine the national security objectives for which the December 14 
rule added the GAEs to the regulations. The immediate implementation of 
an effective exclusion request process, consistent with the intent of 
the Presidential Proclamations, also required creating a process to 
allow any individual or organization in the United States to submit 
objections to submitted exclusion requests. The objection process was 
created with the publication of the March 19 rule, and the subsequent 
rules further improved specific aspects of the Section 232 exclusions 
process. The publication of today's rule makes needed changes in the 
Section 232 exclusions process to create the type of fair, transparent, 
and efficient process that was intended in the March 19, September 11, 
June 10, and December 14 rules, but commenters noted that the specific 
subset of GAEs that contained steel or aluminum articles for which 
exclusion requests had received objections and/or been denied. Today's 
rule makes critical changes to further ensure a fair, transparent, and 
efficient exclusion process by ensuring the GAEs that remain in the 
regulations are consistent with the objectives of the Section 232 
exclusion process.
    If this interim final rule were to be delayed to allow for public 
comment or to provide for a thirty-day delay in the date of 
effectiveness, companies in the United States would be unable to 
immediately benefit from the improvements made to the GAE process and 
could face significant economic hardship, which could potentially 
create a detrimental effect on the general U.S. economy and national 
security. Comments received on the December 14 rule that were critical 
of the GAEs were clear that the removal of GAEs that consisted of HTSUS 
codes that received objections and/or denials under the Section 232 
process was needed. Commenters noted that failure to provide this 
additional improvement could allow the ``floodgates'' to open for 
imports of those articles, and that the influx of such articles could 
undermine the efficiency of the Section 232 process. Commenters also 
noted that if this specific improvement is not made, significant 
economic consequences could occur. Given the imports of these articles 
have already been objected to and/or denied in exclusion requests under 
the Section 232 process for national security reasons, allowing these 
specific GAEs to exist could undermine other critical U.S. national 
security interests.
    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, 
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--EFFECT OF IMPORTED ARTICLES ON THE NATIONAL SECURITY

0
1. The authority citation for part 705 continues to read as follows:


[[Page 70009]]


    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. In part 705, amend Supplement No. 2 by revising the supplement 
heading and the table to read as follows:

Supplement No. 2 to Part 705--GENERAL APPROVED EXCLUSIONS (GAEs) FOR 
STEEL ARTICLES UNDER THE SECTION 232 EXCLUSIONS PROCESS

* * * * *

----------------------------------------------------------------------------------------------------------------
                                           Description of steel that
                                            may be imported (at 10-         Other
                                            digit harmonized tariff      limitations
                                             schedule of the United    (e.g., country       Federal Register
              GAE Identifier                     States (HTSUS)         of import or            citation
                                             statistical reporting        quantity
                                            number or more narrowly       allowed)
                                           defined at product level)
----------------------------------------------------------------------------------------------------------------
GAE.1.S: 7304592030......................  7304592030. TUBES/PIPES/   ................  85 FR 81079, 12/14/2020.
                                            HLLW PRFLS OTH ALLOY                         86 FR [INSERT FR PAGE
                                            STL, SMLESS, CIRC CS,                        NUMBER] December 9,
                                            OTHER THAN COLD-DRAWN/                       2021.
                                            COLD-ROLLED (COLD-
                                            REDUCED), SUITABLE FOR
                                            BOILERS ETC, HEAT-
                                            RESISTING STL.
GAE.2.S: 7304592080......................  7304592080. TUBES/PIPES/H  ................  85 FR 81079, 12/14/2020.
                                            PRFLS ALLOY STL, SMLSS,                      86 FR [INSERT FR PAGE
                                            CIRC CS, OTHER THAN COLD-                    NUMBER] December 9,
                                            DRAWN/COLD-ROLLED (COLD-                     2021.
                                            REDUCED), SUIT FOR
                                            BOILERS ETC, NOT HT-RSST
                                            STL, OS DIAMETER
                                            >406.4MM.
GAE.4.S: 7222406000......................  7222406000. ANGLES SHAPES  ................  85 FR 81079, 12/14/2020.
                                            AND SECTIONS STAINLESS                       86 FR [INSERT FR PAGE
                                            STEEL, OTHER THAN HOT                        NUMBER] December 9,
                                            ROLLED, NOT DRILLED, NOT                     2021.
                                            PUNCHED, AND NOT
                                            OTHERWISE ADVANCED.
GAE.5.S: 7306901000......................  7306901000. OTH TUBES/     ................  85 FR 81079, 12/14/2020.
                                            PIPES/HOLLOW PROFILES                        86 FR [INSERT FR PAGE
                                            IRON/NONALLOY STL,                           NUMBER] December 9,
                                            RIVETED/SIMILARLY CLOSED                     2021.
                                            (NOT WELDED).
GAE.6.S: 7212600000......................  7212600000. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            IRON/NONALLOY STL, WDTH                      86 FR [INSERT FR PAGE
                                            <600MM, CLAD.                                NUMBER] December 9,
                                                                                         2021.
GAE.8.S: 7220207060......................  7220207060. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WDTH                          86 FR [INSERT FR PAGE
                                            <300MM, NFW THAN COLD-                       NUMBER] December 9,
                                            RLD (COLD-REDUCED),                          2021.
                                            THICKNESS >0.25MM BUT /= 0.6%                      NUMBER] December 9,
                                            CARBON, NOT HEAT-                            2021.
                                            TREATED, OS DIAMETER
                                            <1.0MM.
GAE.12.S: 7226923060.....................  7226923060. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            OTH ALLOY STL, WDTH                          86 FR [INSERT FR PAGE
                                            <300MM, NFW THAN COLD-                       NUMBER] December 9,
                                            RLD (COLD-REDUCED), TOOL                     2021.
                                            STEEL OTH THAN HIGH-
                                            SPEED, OTHER THAN BALL-
                                            BEARING STEEL.
GAE.13.S: 7229905010.....................  7229905016. ROUND WIRE     ................  85 FR 81079, 12/14/2020.
                                            OTHER ALLOY STL, OS                          86 FR [INSERT FR PAGE
                                            DIAMETER <1.0MM.                             NUMBER] December 9,
                                                                                         2021.
GAE.15.S: 7304598060.....................  7304598060. TUBES/PIPES/   ................  85 FR 81079, 12/14/2020.
                                            HLLW PRFLS OTH ALLOY                         86 FR [INSERT FR PAGE
                                            STL, SMLESS, CIRC CS,                        NUMBER] December 9,
                                            OTHER THAN COLD-DRAWN/                       2021.
                                            COLD-ROLLED (COLD-
                                            REDUCED), OS DIAMETER
                                            >285.8MM BUT <406MM,
                                            WALL THK <12.7MM.
GAE.17.S: 7304246030.....................  7304246030. TUBING (OIL/   ................  85 FR 81079, 12/14/2020.
                                            GAS DRILLING) STAINLESS                      86 FR [INSERT FR PAGE
                                            STL, SEAMLESS, OS                            NUMBER] December 9,
                                            DIAMETER 9.5MM.
GAE.18.S: 7229905031.....................  7229905031. ROUND WIRE     ................  85 FR 81079, 12/14/2020.
                                            OTHER ALLOY STL, WITH OS                     86 FR [INSERT FR PAGE
                                            DIAMETER >/= 1.0MM BUT                       NUMBER] December 9,
                                            <1.5MM.                                      2021.
GAE.19.S: 7304598010.....................  7304598010. TUBES/PIPES/   ................  85 FR 81079, 12/14/2020.
                                            HOLLOW PROFILES OTH                          86 FR [INSERT FR PAGE
                                            ALLOY STL, SEAMLESS,                         NUMBER] December 9,
                                            CIRC CS, OTHER THAN COLD-                    2021.
                                            DRAWN/COLD-ROLLED (COLD-
                                            REDUCED), NOT HEAT-
                                            RESISTANT, OS DIAMETER
                                            <38.1MM.
GAE.20.S: 7219310010.....................  7219310010. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WDTH >/=                      86 FR [INSERT FR PAGE
                                            600MM, NFW THAN COLD-RLD                     NUMBER] December 9,
                                            (COLD-REDUCED), THK >/=                      2021.
                                            4.75MM, COILS.

[[Page 70010]]

 
GAE.21.S: 7304598045.....................  7304598045. TUBES/PIPES/   ................  85 FR 81079, 12/14/2020.
                                            HLLW PRFLS OTH ALLOY                         86 FR [INSERT FR PAGE
                                            STL, SMLESS, CIRC CS,                        NUMBER] December 9,
                                            OTHER THAN COLD-DRAWN/                       2021.
                                            COLD-ROLLED (COLD-
                                            REDUCED), NOT HEAT-
                                            RESISTANT, OS DIAMETER >/
                                            = 190.5MM BUT /= 300MM BUT <600MM,                        NUMBER] December 9,
                                            NOT CLAD/PLATED/COATED,                      2021.
                                            NFW THAN COLD-RLD (COLD-
                                            REDUCED), >/= 0.25%
                                            CRBN, THK 1575MM, HOT-RLD, COILS,                     NUMBER] December 9,
                                            THK >6.8MM BUT <10MM.                        2021.
GAE.28.S: 7304243010.....................  7304243010. CASING (OIL/   ................  85 FR 81079, 12/14/2020.
                                            GAS DRILLING) STAINLESS                      86 FR [INSERT FR PAGE
                                            STL, SEAMLESS, THREADED/                     NUMBER] December 9,
                                            COUPLED, OS DIAMETER                         2021.
                                            <215.9MM, WALL THK
                                            <12.7MM.
GAE.29.S: 7219220035.....................  7219220035. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, THICKNESS                     86 FR [INSERT FR PAGE
                                            >/= 4.75MM BUT <10MM,                        NUMBER] December 9,
                                            WIDTH >/= 600MM BUT                          2021.
                                            <1575MM, HOT-RLD, NOT
                                            COILS, THK 4.75-10MM,
                                            >0.5% NICKEL.
GAE.30.S: 7222403085.....................  7222403085. SHAPES/        ................  85 FR 81079, 12/14/2020.
                                            SECTIONS STAINLESS STL,                      86 FR [INSERT FR PAGE
                                            HOT-RLD, NOT DRILLED/                        NUMBER] December 9,
                                            PUNCHED/ADVANCED, MAX                        2021.
                                            CROSS SECTION <80MM.
GAE.31.S: 7222403045.....................  7222403045. SHAPES/        ................  85 FR 81079, 12/14/2020.
                                            SECTIONS STAINLESS STL,                      86 FR [INSERT FR PAGE
                                            HOT-RLD, NOT DRILLED/                        NUMBER] December 9,
                                            PUNCHED/ADVANCED, MAX CS                     2021.
                                            >/= 80MM.
GAE.32.S: 7219110060.....................  7219110060. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WDTH                          86 FR [INSERT FR PAGE
                                            >1575MM, HOT-RLD, COILS,                     NUMBER] December 9,
                                            THK >10MM.                                   2021.
GAE.36.S: 7219110030.....................  7219110030. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WIDTH >/=                     86 FR [INSERT FR PAGE
                                            600MM BUT <1575MM, HOT-                      NUMBER] December 9,
                                            RLD, COILS, THK >10MM.                       2021.
GAE.40.S: 7220206060.....................  7220206060. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WDTH                          86 FR [INSERT FR PAGE
                                            <300MM, NFW THAN COLD-                       NUMBER] December 9,
                                            RLD (COLD-REDUCED), THK                      2021.
                                            >1.25MM, 0.6%                         NUMBER] December 9,
                                            CARBON, HEAT-TREATED, OS                     2021.
                                            DIAMETER <1.0MM.
GAE.42.S: 7220121000.....................  7220121000. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WIDTH >/=                     86 FR [INSERT FR PAGE
                                            300MM BUT <600MM, HOT-                       NUMBER] December 9,
                                            RLD, THK <4.75MM.                            2021.
GAE.43.S: 7209900000.....................  7209900000. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            IRON/NONALLOY STL, WDTH                      86 FR [INSERT FR PAGE
                                            >/= 600MM, COLD-RLD, NOT                     NUMBER] December 9,
                                            CLAD/PLATED/COATED,                          2021.
                                            WHETHER OR NOT IN COILS.
GAE.44.S: 7213913020.....................  7213913020. BARS/RODS      ................  85 FR 81079, 12/14/2020.
                                            IRON/NA STL, IRR COILS,                      86 FR [INSERT FR PAGE
                                            HOT-RLD, CIRC CS, OS                         NUMBER] December 9,
                                            DIAMETER <14MM, NOT                          2021.
                                            TEMPRD/TREATD/PARTLY
                                            MFTD, WELDING QUALITY
                                            WIRE ROD.
GAE.45.S: 7306617060.....................  7306617060. OTH TUBES/     ................  85 FR 81079, 12/14/2020.
                                            PIPES/HOLLOW PROFILES                        86 FR [INSERT FR PAGE
                                            OTH ALLOY STL (NOT                           NUMBER] December 9,
                                            STAINLESS), WELDED, SQ/                      2021.
                                            RECT CS, WALL THK <4MM.
GAE.46.S: 7216330090.....................  7216330090. H SECTIONS     ................  85 FR 81079, 12/14/2020.
                                            IRON/NONALLOY STL, HOT-                      86 FR [INSERT FR PAGE
                                            RLD/DRWN/EXTRD, HEIGHT >/                    NUMBER] December 9,
                                            = 80MM.                                      2021.
GAE.47.S: 7217905030.....................  7217905030. WIRE IRON/     ................  85 FR 81079, 12/14/2020.
                                            NONALLOY STL, NOT PLATED/                    86 FR [INSERT FR PAGE
                                            COATED WITH BASE METALS                      NUMBER] December 9,
                                            OR PLASTICS, <0.25%                          2021.
                                            CARBON.
GAE.48.S: 7226923030.....................  7226923030. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            OTH ALLOY STL, WDTH                          86 FR [INSERT FR PAGE
                                            <300MM, NFW THAN COLD-                       NUMBER] December 9,
                                            RLD (COLD-REDUCED), TOOL                     2021.
                                            STEEL OTH THAN HIGH-
                                            SPEED, BALL-BEARING STL.

[[Page 70011]]

 
GAE.49.S: 7219120051.....................  7219120051. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WIDTH >/=                     86 FR [INSERT FR PAGE
                                            1370MM BUT <1575MM, HOT-                     NUMBER] December 9,
                                            RLD, COILS, THICKNESS >/                     2021.
                                            = 4.75MM BUT <6.8MM.
GAE.50.S: 7227906020.....................  7227906020. BARS/RODS      ................  85 FR 81079, 12/14/2020.
                                            OTHER ALLOY STL, IRR                         86 FR [INSERT FR PAGE
                                            COILS, HOT-RLD, NOT TOOL                     NUMBER] December 9,
                                            STL, WELDING QUALITY                         2021.
                                            WIRE RODS.
GAE.51.S: 7217905090.....................  7217905090. WIRE IRON/     ................  85 FR 81079, 12/14/2020.
                                            NONALLOY STL, NOT PLATED/                    86 FR [INSERT FR PAGE
                                            COATED WITH BASE METALS                      NUMBER] December 9,
                                            OR PLASTICS, >/= 0.6%                        2021.
                                            CARBON.
GAE.57.S: 7304901000.....................  7304901000. TUBES/PIPES/   ................  85 FR 81079, 12/14/2020.
                                            HOLLOW PROFILES IRON/                        86 FR [INSERT FR PAGE
                                            NONALLOY STL, SEAMLESS,                      NUMBER] December 9,
                                            NONCIRCULAR CROSS                            2021.
                                            SECTION, WALL THK >/=
                                            4MM.
GAE.58.S: 7304390002.....................  7304390002. TUBES/PIPES/   ................  85 FR 81079, 12/14/2020.
                                            HLLW PRFLS IRON/NA STL,                      86 FR [INSERT FR PAGE
                                            SMLESS, CIRC CS, OTHER                       NUMBER] December 9,
                                            THAN COLD-DRAWN/COLD-                        2021.
                                            ROLLED (COLD-REDUCED),
                                            SUITABLE FOR BOILERS
                                            ETC, OS DIAMETER <38.1MM.
GAE.59.S: 7219120071.....................  7219120071. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WDTH                          86 FR [INSERT FR PAGE
                                            >600MM BUT <1370MM, HOT-                     NUMBER] December 9,
                                            RLD, COILS, THICKNESS >/                     2021.
                                            = 4.75MM BUT <10MM, NOT
                                            HIGH-NICKEL ALLOY, >0.5%
                                            NICKEL, /=
                                            5% MOLYBDENUM.
GAE.61.S: 7217905060.....................  7217905060. WIRE IRON/     ................  85 FR 81079, 12/14/2020.
                                            NONALLOY STL, PLATED/                        86 FR [INSERT FR PAGE
                                            COATED, >0.25% BUT <0.6%                     NUMBER] December 9,
                                            CARBON.                                      2021.
GAE.62.S: 7220125000.....................  7220125000. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WDTH                          86 FR [INSERT FR PAGE
                                            <300MM, HOT-RLD, THK                         NUMBER] December 9,
                                            <4.75MM.                                     2021.
GAE.63.S: 7226928005.....................  7226928005. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            OTH ALLOY STL, WDTH                          86 FR [INSERT FR PAGE
                                            <300MM, NFW THAN COLD-                       NUMBER] December 9,
                                            RLD (COLD-REDUCED), NOT                      2021.
                                            TOOL STL, THK >0.25MM,
                                            HIGH-NICKEL ALLOY STL.
GAE.64.S: 7217106000.....................  7217106000. OTHER WIRE     ................  85 FR 81079, 12/14/2020.
                                            IRON/NONALLOY STL, NOT                       86 FR [INSERT FR PAGE
                                            PLATED/COATED, <0.25%                        NUMBER] December 9,
                                            CARBON.                                      2021.
GAE.65.S: 7219120021.....................  7219120021. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WIDTH >/=                     86 FR [INSERT FR PAGE
                                            1370MM BUT 6.8MM BUT /= 215.9MM BUT
                                            /
                                            = 12.7MM.
GAE.69.S: 7304413005.....................  7304413005. TUBES/PIPES/   ................  85 FR 81079, 12/14/2020.
                                            HOLLOW PRFLS STAINLESS                       86 FR [INSERT FR PAGE
                                            STL, SEAMLESS, CIRC CS,                      NUMBER] December 9,
                                            COLD-DRWN/RLD (COLD-                         2021.
                                            REDUCED), OS DIAMETER
                                            <19MM, HIGH-NICKEL ALLOY
                                            STL.
GAE.70.S: 7215500090.....................  7215500090. OTHER BARS/    ................  85 FR 81079, 12/14/2020.
                                            RODS IRON/NONALLOY STL,                      86 FR [INSERT FR PAGE
                                            COLD-FORMED/FINISHED,                        NUMBER] December 9,
                                            NOT COILS, >/= 0.6%                          2021.
                                            CARBON.
GAE.72.S: 7227200030.....................  7227200030. BARS/RODS      ................  85 FR 81079, 12/14/2020.
                                            SILICO-MANGANESE STL,                        86 FR [INSERT FR PAGE
                                            IRR COILS, HOT-RLD,                          NUMBER] December 9,
                                            WELDING QUALITY WIRE                         2021.
                                            RODS, STAT NOTE 6.
GAE.73.S: 7306697060.....................  7306697060. OTH TUBES/     ................  85 FR 81079, 12/14/2020.
                                            PIPES/HOLLOW PROFILES                        86 FR [INSERT FR PAGE
                                            OTH ALLOY STL (NOT                           NUMBER] December 9,
                                            STAINLESS), WELDED, OTH                      2021.
                                            NONCIRCULAR CS, WALL THK
                                            <4MM.
GAE.74.S: 7302101045.....................  7302101045. RAILS IRON/    ................  85 FR 81079, 12/14/2020.
                                            NONALLOY STL, NEW, HEAT                      86 FR [INSERT FR PAGE
                                            TREATED, >30KG/M.                            NUMBER] December 9,
                                                                                         2021.
GAE.77.S: 7305316090.....................  7305316090. OTHER TUBES/   ................  85 FR 81079, 12/14/2020.
                                            PIPES ALLOY STL, CIRC                        86 FR [INSERT FR PAGE
                                            CS, OS DIAMETER                              NUMBER] December 9,
                                            >406.4MM, NOT LINE PIPE                      2021.
                                            OR CASING (OIL/GAS),
                                            LONGITUDINALLY WELDED,
                                            NOT TAPERED PIPES/TUBES,
                                            NON-STAINLESS ALLOY
                                            STEEL.

[[Page 70012]]

 
GAE.79.S: 7226990110.....................  7226990110. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            OTH ALLOY STL, WDTH                          86 FR [INSERT FR PAGE
                                            <600MM, ELECTROLYTICALLY                     NUMBER] December 9,
                                            PLATD/COATD W/ZINC, NOT                      2021.
                                            GRAIN ORIENTED, NOT OF
                                            HIGH-SPEED STEEL,
                                            FURTHER WORKED THAN HOT-
                                            ROLLED OR COLD-ROLLED.
GAE.80.S: 7225506000.....................  7225506000. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            OTH ALLOY STL, WDTH >/=                      86 FR [INSERT FR PAGE
                                            600MM, COLD-RLD, THK >/=                     NUMBER] December 9,
                                            4.75MM, NOT OF TOOL                          2021.
                                            STEEL.
GAE.81.S: 7304905000.....................  7304905000. TUBES/PIPES/   ................  85 FR 81079, 12/14/2020.
                                            HOLLOW PROFILES IRON/                        86 FR [INSERT FR PAGE
                                            NONALLOY STL, SEAMLESS,                      NUMBER] December 9,
                                            NOT CIRCULAR CS, WALL                        2021.
                                            THK <4MM.
GAE.82.S: 7219220005.....................  7219220005. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WDTH >/=                      86 FR [INSERT FR PAGE
                                            600MM, HOT-RLD, NOT                          NUMBER] December 9,
                                            COILS, THICKNESS >/=                         2021.
                                            4.75MM BUT 2 KG.
GAE.84.S: 7209270000.....................  7209270000. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            IRON/NONALLOY STL, WDTH                      86 FR [INSERT FR PAGE
                                            >/= 600MM, COLD-RLD, NOT                     NUMBER] December 9,
                                            CLAD/PLATED/COATED, NOT                      2021.
                                            COILS, THK 0.5-1MM.
GAE.85.S: 7219900060.....................  7219900060. OTHER FLAT-    ................  85 FR 81079, 12/14/2020.
                                            ROLLED STAINLESS STL,                        86 FR [INSERT FR PAGE
                                            WDTH >/= 600MM, FURTHER                      NUMBER] December 9,
                                            WORKED THAN COLD-RLD, /=                     86 FR [INSERT FR PAGE
                                            600MM BUT <1370MM, HOT-                      NUMBER] December 9,
                                            RLD, COILS, NOT HIGH-                        2021.
                                            NICKEL ALLOY, THICKNESS
                                            >/= 4.75MM BUT.
GAE.88.S: 72241000005....................  7224100005. INGOTS AND     ................  85 FR 81079, 12/14/2020.
                                            OTHER PRIMARY FORMS OF                       86 FR [INSERT FR PAGE
                                            HIGH-NICKEL ALLOY STEEL.                     NUMBER] December 9,
                                                                                         2021.
GAE.89.S: 7213200080.....................  7213200080. BARS/RODS      ................  85 FR 81079, 12/14/2020.
                                            IRON/NONALLOY STL, HOT-                      86 FR [INSERT FR PAGE
                                            RLD, IRR COILS, FREE-                        NUMBER] December 9,
                                            CUTTING STL, <0.1% LEAD.                     2021.
GAE.90.S: 7216100010.....................  7216100010. U SECTIONS     ................  85 FR 81079, 12/14/2020.
                                            IRON/NONALLOY STL, HOT-                      86 FR [INSERT FR PAGE
                                            ROLLED/DRAWN/EXTRUDED,                       NUMBER] December 9,
                                            HEIGHT <80MM.                                2021.
GAE.91.S: 7306695000.....................  7306695000. OTH TUBES/     ................  85 FR 81079, 12/14/2020.
                                            PIPES/HOLLOW PROFILES                        86 FR [INSERT FR PAGE
                                            IRON/NONALLOY STL,                           NUMBER] December 9,
                                            WELDED, OTH NONCIRCULAR                      2021.
                                            CS, WALL THK <4MM.
GAE.93.S: 7208380015.....................  7208380015. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            IRON/NA STL, WDTH >/=                        86 FR [INSERT FR PAGE
                                            600MM, HOT-RLD, NOT CLAD/                    NUMBER] December 9,
                                            PLATED/COATED, COILS,                        2021.
                                            THICKNESS >/= 3MM BUT
                                            <4.75MM, HIGH-STRENGTH
                                            STL.
GAE.94.S: 7217104090.....................  7217104090. ROUND WIRE     ................  85 FR 81079, 12/14/2020.
                                            IRON/NONALLOY STL, NOT                       86 FR [INSERT FR PAGE
                                            PLATED/COATED, <0.25%                        NUMBER] December 9,
                                            CARBON, OS DIAMETER                          2021.
                                            <1.5MM, NOT HEAT-TREATED.
GAE.95.S: 7302105020.....................  7302105020. RAILS OF       ................  85 FR 81079, 12/14/2020.
                                            ALLOY STEEL, NEW.                            86 FR [INSERT FR PAGE
                                                                                         NUMBER] December 9,
                                                                                         2021.
GAE.96.S: 7210706030.....................  7210706030. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            IRON/NA STL, WDTH >/=                        86 FR [INSERT FR PAGE
                                            600MM, PAINTD/VARNSHD/                       NUMBER] December 9,
                                            COATD W/PLASTICS,                            2021.
                                            ELECTROLYTICALLY PLATD/
                                            COATD W/ZINC.
GAE.97.S: 7304244060.....................  7304244060. CASING (OIL/   ................  85 FR 81079, 12/14/2020.
                                            GAS DRILLING) STAINLESS                      86 FR [INSERT FR PAGE
                                            STL, SEAMLESS, NOT                           NUMBER] December 9,
                                            THREADED/COUPLED, OS                         2021.
                                            DIAMETER >285.8MM BUT /
                                            =12.7MM.
GAE.99.S: 7304243040.....................  7304243040. CASING (OIL/   ................  85 FR 81079, 12/14/2020.
                                            GAS DRILLING) STAINLESS                      86 FR [INSERT FR PAGE
                                            STL, SEAMLESS, THREADED/                     NUMBER] December 9,
                                            COUPLED, OS DIAMETER >/=                     2021.
                                            215.9MM BUT /=12.7MM.
GAE.100.S: 7304243020....................  7304243020. CASING (OIL/   ................  85 FR 81079, 12/14/2020.
                                            GAS DRILLING) STAINLESS                      86 FR [INSERT FR PAGE
                                            STL, SEAMLESS, THREADED/                     NUMBER] December 9,
                                            COUPLED, OS DIAMETER                         2021.
                                            <215.9MM, WALL THK >/=
                                            12.7MM.
GAE.101.S: 7219130081....................  7219130081. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL, WIDTH >/=                     86 FR [INSERT FR PAGE
                                            600MM BUT <1370MM, NFW                       NUMBER] December 9,
                                            THAN HOT-RLD, COILS,                         2021.
                                            ANNEALED OR PICKLED,
                                            THICKNESS >/= 3MM BUT
                                            <4.75MM, <0.5% OR >24%
                                            NICKEL.

[[Page 70013]]

 
GAE.102.S: 7211140090....................  7211140090. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            IRON/NONALLOY STL, WDTH                      86 FR [INSERT FR PAGE
                                            <600MM, NOT CLAD/PLATED/                     NUMBER] December 9,
                                            COATED, NFW THAN HOT-                        2021.
                                            RLD, NOT UNIVERSAL MILL
                                            PLATE, THK >/= 4.75MM,
                                            NOT HIGH-STRENGTH STEEL,
                                            COILS.
GAE.103.S: 7218910030....................  7218910030. SEMIFINISHED   ................  85 FR 81079, 12/14/2020.
                                            STAINLESS STL,                               86 FR [INSERT FR PAGE
                                            RECTANGULAR CROSS                            NUMBER] December 9,
                                            SECTION, WDTH <4X THK,                       2021.
                                            CS AREA >/= 232 CM2.
GAE.104.S: 7306213000....................  7306213000. CASING (OIL/   ................  85 FR 81079, 12/14/2020.
                                            GAS DRILLING) STAINLESS                      86 FR [INSERT FR PAGE
                                            STL, WELDED, THREADED/                       NUMBER] December 9,
                                            COUPLED.                                     2021.
GAE.105.S: 7211234500....................  7211234500. FLAT-ROLLED    ................  85 FR 81079, 12/14/2020.
                                            IRON/NONALLOY STL, WDTH                      86 FR [INSERT FR PAGE
                                            <300MM, NOT CLAD/PLATED/                     NUMBER] December 9,
                                            COATED, NFW THAN COLD-                       2021.
                                            RLD (COLD-REDUCED),
                                            <0.25% CRBN, THK 1.25MM, NOT HIGH-NICKEL
                                            ALLOY, /= 15% CHROMIUM.
GAE.107.S: 7305391000....................  7305391000. OTHER TUBES/   ................  85 FR 81079, 12/14/2020.
                                            PIPES IRON/NONALLOY STL,                     86 FR [INSERT FR PAGE
                                            CIRC CS, OS DIAMETER                         NUMBER] December 9,
                                            >406.4MM, WELDED, OTHER                      2021.
                                            THAN LONGITUDALLY WELDED.
GAE.108.S: 7217204550....................  7217204550. ROUND WIRE     ................  85 FR 81079, 12/14/2020.
                                            IRON/NONALLOY STL,                           86 FR [INSERT FR PAGE
                                            PLATED/COATED WITH ZINC,                     NUMBER] December 9,
                                            OS DIAMETER >/= 1.0MM                        2021.
                                            BUT <1.5MM, >/= 0.25%
                                            BUT <0.6% CARBON.
----------------------------------------------------------------------------------------------------------------

    Note to Supplement No. 2: Harmonized Tariff Schedule of the United 
States (HTSUS) Classifications are identified by the U.S. International 
Trade Commission (ITC) through its web version of the Harmonized Tariff 
Schedule. The list of the HTSUS Classifications referenced in this 
table of GAEs is drawn from the HTSUS and ITC Change Records for HTSUS 
Classifications (compiled at https://hts.usitc.gov/) and will be 
amended when the ITC publishes subsequent Change Records. If there are 
any discrepancies between the list of the HTSUS Classifications in this 
table and the HTSUS Classifications identified by the ITC in the 
Harmonized Tariff Schedule of the United States and the associated 
Change Records, the ITC's list of HTSUS Classifications shall be 
controlling. Therefore, if an HTSUS Classification defining a GAE is 
split or otherwise modified by the ITC in the HTSUS, GAEs are extended 
to the newly-created HTSUS Classification(s), so long as the new 
`child' HTSUS Classification(s) contain products falling entirely 
within the scope of the old `parent' HTSUS classification. These types 
of `inherited' GAEs are effective from the effective date of the change 
to the HTSUS, even prior to a Commerce rule being published to add the 
new HTSUS number to the GAE list under supplement no. 2. During the 
period after the effective date of the change to the HTSUS and before 
the GAE is updated, ACE will reject entries claiming the exclusion with 
the new HTSUS number and importers will have to make entry without the 
exclusion. In order for importers to preserve their rights, if any, to 
the exclusion with the new HTSUS number during this period, importers 
are advised to seek extensions of liquidation of the affected entries 
with CBP until Commerce is able to update and publish a revised GAE 
list under this supplement no. 2.

0
3. In part 705, amend Supplement No. 3 by revising the supplement 
heading and the table to read as follows:

Supplement No. 3 to Part 705--GENERAL APPROVED EXCLUSIONS (GAEs) FOR 
ALUMINUM ARTICLES UNDER THE SECTION 232 EXCLUSIONS PROCESS

* * * * *

----------------------------------------------------------------------------------------------------------------
                                       Description of aluminum
                                         that may be imported
                                             (at 10-digit
                                          Harmonized) Tariff       Other limitations
                                       Schedule of the  United     (e.g., country of         Federal Register
            GAE Identifier                  States (HTSUS)         import or quantity            citation
                                        statistical reporting           allowed)
                                       number or more narrowly
                                          defined at product
                                                level)
----------------------------------------------------------------------------------------------------------------
GAE.1.A: 7609000000..................  7609000000. ALUMINUM     .......................  85 FR 81083, 12/14/
                                        TUBE OR PIPE FITTINGS                             2020. 86 FR [INSERT FR
                                        (COUPLINGS, ELBOWS,                               PAGE NUMBER] December
                                        SLEEVES).                                         9, 2021.

[[Page 70014]]

 
GAE.3.A: 7607196000..................  7607196000. ALUMINUM     .......................  85 FR 81083, 12/14/
                                        FOIL OF THICKNESS                                 PAGE NUMBER] December
                                        0.2MM, RECTANGULAR                                9, 2021.
                                        (INCLUDING SQUARE),
                                        NOT ALLOYED, CLAD.
GAE.8.A: 7605290000..................  7605290000. ALUMINUM     .......................  85 FR 81083, 12/14/
                                        WIRE ALLOY, MAXIMUM                               2020. 86 FR [INSERT FR
                                        CROSS-SECTIONAL                                   PAGE NUMBER] December
                                        DIMENSION 0.01 MM AND https://hts.usitc.gov/) 
and will be amended when the ITC publishes subsequent Change Records. 
If there are any discrepancies between the list of HTSUS 
Classifications in this table and the HTSUS Classifications identified 
by the ITC in the Harmonized Tariff Schedule of the United States and 
the associated Change Records, the ITC's list of HTSUS Classifications 
shall be controlling. Therefore, if an HTSUS Classification defining a 
GAE is split or otherwise modified by the ITC in the HTSUS, GAEs are 
extended to the newly-created HTSUS Classification(s), so long as the 
new `child' HTSUS Classification(s) contain products falling entirely 
within the scope of the old `parent' HTSUS classification. These types 
of `inherited' GAEs are effective from the effective date of the change 
to the HTSUS, even prior to a Commerce rule being published to add the 
new HTSUS number to the GAE list under this supplement no. 3. During 
the period after the effective date of the change to the HTSUS and 
before the GAE is updated, ACE will reject entries claiming the 
exclusion with the new HTSUS number and importers will have to make 
entry without the exclusion. In order for importers to preserve their 
rights, if any, to the exclusion with the new HTSUS number during this 
period, importers are advised to seek extensions of liquidation of the 
affected entries with CBP until Commerce is able to update and publish 
a revised GAE list under this supplement no. 3.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-26634 Filed 12-8-21; 8:45 am]
BILLING CODE 3510-33-P