Procedures for Submitting Rebuttals and Surrebuttals Requests for Exclusions from and Objections to the Section 232 National Security

Forms and Documents

Document Name	Status
Form TBD Procedures to submit Rebuttals, Surrebuttals for Exclusions and Objections to Section 232 Adjustments for Steel and Aluminum Form and Instruction	New
Supporting Statement for rebuttals and surrebuttals.docx Supporting Statement A	2018-08-31

IC Document Collections

IC ID	Document Title	Status
232883	Procedures to submit Rebuttals, Surrebuttals for Exclusions and Objections to Section 232 Adjustments for Steel and Aluminum Form and Instruction	New

ICR Details

OMB Control No: 0694-0141	ICR Reference No: 201808-0694-003
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOC/BIS	Agency Tracking No:
Title: Procedures for Submitting Rebuttals and Surrebuttals Requests for Exclusions from and Objections to the Section 232 National Security
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/05/2018
OIRA Conclusion Action: Approved with change	Conclusion Date: 09/05/2018
	Date Received in OIRA: 08/31/2018
Terms of Clearance: This emergency collection is approved for 6 months only. Should the Department desire to use this collection for longer than 6 months, a 60 and 30 notice to the public should be published.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2019	6 Months From Approved
Responses	62,823	0	0
Time Burden (Hours)	62,823	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: 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 of Commerce 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.” This request for a new collection is to allow for the submittal of rebuttals to objections received on posted exclusion requests and to allow for surrebuttals for objections that receive rebuttals under the Section 232 exclusion process.

Emergency Justfication: The collection of information is essential to the mission of the Department, in particular to the adjudication exclusion requests that need expedited relief from quantitative limits – existing contract: section 232 national security investigations of steel and aluminum imports. The use of normal clearance procedures would prevent the collection of information exclusion requests, for national security purposes, as discussed under section 232 of the Trade Expansion Act of 1962 as amended and the Presidential Proclamations issued on March 8, 2018, and the Proclamations issued on August 29, 2018. As the President has decided to adjust imports and allow exclusion requests, BIS will need OMB’s clearances to collect the information that would be required for parties to request exclusions. This will allow BIS to publish a Federal Register notice informing the public how to submit exclusion requests as soon as possible, allowing for earlier decisions on the requests giving parties certainty on the effect of the remedies on their businesses.

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Authorizing Statute(s): US Code: 19 USC 1862 Name of Law: Safeguarding National Security
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0694-AH55	Final or interim final rulemaking	83 FR 12106	03/19/2018

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Procedures to submit Rebuttals, Surrebuttals for Exclusions and Objections to Section 232 Adjustments for Steel and Aluminum	TBD, TBD, TBD, TBD	Aluminum Rebuttal ,   Aluminum Surrebuttal ,   Steel Rebuttal ,   Steel Surrebuttal

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	62,823	0	0	62,823	0	0
Annual Time Burden (Hours)	62,823	0	0	62,823	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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 of Commerce 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.” This increase in burden is due to the need for the Commerce Department to collect information in response to the Presidential Proclamation signed on August 29, 2018 for adjustments to Section 232 National Security Adjustments of Imports of Steel and Aluminum.

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Annual Cost to Federal Government: $4,900,194

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/31/2018

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