US Trade Representative Issues Exclusions
for Certain Steel Products

April 8 , 2002

On April 4^th, the Office of the U.S. Trade Representative (USTR) published to the Federal Register its determination that exclusion of certain steel articles will not undermine the goals of Proclamation 7529.  Therefore, it has issued a notice allowing for complete or partial exclusions of such products from the Section 201 increased duties imposed under Proclamation 7529.  These exclusions are effective with respect to goods entered, or withdrawn from warehouse, for consumption on or after March 20, 2002.

The publication also amends the HTS Chapter 99, subchapter III, U.S. Note 11, subdivision to list and describes the steel products that are newly excluded.  The amendments also include five new HTS Chapter 99 numbers and one amended HTS Chapter 99 number to reflect the new exclusions.

The products completely excluded from the Section 201 increased duties include:

• certain special flat-rolled nonalloy carbon steel products, designated as X-045 or X-192 and described in subdivision (b) of U.S. Note 11; HTS 9903.72.54);
  
  
• certain hot-rolled flat-rolled steel products in coils, designated as X-142 and described in subdivision (b) of U.S. Note 11; HTS 9903.72.73);
  
  
• certain batch annealed and temper-rolled cold-rolled continuously cast steel products, designated as X-036 and described in subdivision (b) of U.S. Note 11; HTS 9903.72.88)
  
  
•  certain non-oriented, high silicon, magnetic steel flat-rolled steel products, designated as X-142 and described in subdivision (b) of U.S. Note 11; HTS 9903.72.94);
  
  
• certain electrolytically chromium coated or ultra-wide electrolytically tin-plated flat-rolled steel, designated as X-171.1 or X-171.2 and described in subdivision (b) of U.S. Note 11; HTS 9903.73.31; and
  
  
•  certain ball-bearing steel hot-rolled bars and rods in coils, designated as X-184 and described in subdivision (b) of U.S. Note 11; HTS 9903.73.45).

The other two products which are only partially excluded from the increased duties & which are subject to TRQs:

• certain hot-rolled flat-rolled steel in coils, having a width not over 1,168.4 mm, designated as X-082 and described in subdivision (b) of U.S. Note 11; in-quota TRQ amount: aggregate annual quantity not to exceed 200,000 metric tons; HTS 9903.72.75; and
  
  
• certain hot-rolled flat-rolled steel in coils, having a width over 1,168.4 mm but not over 1,244.6 mm, designated as X-082 and described in subdivision (b) of U.S. Note 11; in-quota TRQ amount: aggregate annual quantity not to exceed 50,000 metric tons; HTS 9903.72.76.

If you have any questions on any of the issues raised in this newsletter, please contact George R. Tuttle, III at (415) 288-0428 or via email at geo@tuttlelaw.com.

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in San Francisco. The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

Copyright © 2002 by Tuttle Law Offices. 

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