Comments on 232 Exclusions and USMCA Sought

Feb. 10, 2022
By: David G. Forgue

Agencies administering two of the largest United States trade initiative in the last five years are seeking public comments on aspects of those initiatives. These initiatives are the Section 232 duties applied to imports of certain imports of steel and aluminum and the United States Mexico Canada free trade agreement that replaced NAFTA.

While the section 232 universe changes through deals with the European Union, Japan, and (likely soon) the United Kingdom, the Bureau of Industry and Security is seeking comments on the section 232 exclusion process. The requested topics cover a range of issues, including (1) the responsiveness of the exclusions process to market demand, (2) potential changes to the exclusion forms, (3) potential changes to the process itself, (4) the appropriate level transparency in the process, and (5) other detailed questions about the process. Submissions are due by March 28, 2022.

Similarly, the Office of the United States Trade Representative is seeking comments from companies in the automotive goods industry. The agency is seeking specific information regarding (1) the overall operation of the USMCA with respect to automotive goods, (2) actions taken in the industry to demonstrate compliance with USMCA’s automotive rules of origin, (3) the use of alternative staging regimes by producers under USMCA, (4) enforcement of USMCA, (5) whether the rules of origin are effective and relevant, and (6) any other topics relevant to the trade. Submissions are due by March 28, 2022 under docket number USTR-2022-0001.

If you need assistance structuring comments in response to these notices, please do not hesitate to contact any attorney at Barnes, Richardson & Colburn, LLP.