On March 8, 2018, President Trump exercised “his authority to impose a 25 percent tariff on steel imports and a 10 percent tariff on aluminum imports” under Section 232 of the Trade Expansion Act of 1962. Customs and Border Protection will begin collecting these tariffs on March 23, 2018.

In the Presidential Proclamations ordering those tariffs, President Trump instructed the Department of Commerce (“Commerce”) to create a mechanism for U.S. parties to apply for exclusion of specific products based on “demand that is unmet by domestic production or on specific national security considerations” that will be managed by Commerce in consultation with other Federal agencies. On March 19, 2018, via an Interim Rule published in the Federal Register, Commerce announced the procedure for requesting such an exclusion. Exclusions granted by Commerce will be for a single type of steel or aluminum product and be applicable only to the individual or organization making the exclusion request, unless a broader exclusion is approved by Commerce. Approved exclusions will remain in place for one year.