Justification for Chage in Mode

6/3/19

Control number 0694-0139: Exclusion Requests

Modification for change in mode of collection and minimal changes to an existing collection

The U.S. Department of Commerce will soon publish the interim final rule, Implementation of New Commerce Section 232 Exclusions Portal. This interim final rule will change the process for requesting exclusions from the duties and quantitative limitations on imports of aluminum and steel discussed in two Commerce interim rules implementing the exclusion process authorized by the President as part of the action he took to adjust imports under Section 232 of the Trade Expansion Act of 1962, as amended (“232”). The U.S. Department of Commerce has developed a “232 Exclusions Portal” for persons submitting exclusion requests, objections to exclusion requests, rebuttals, and surrebuttals to replace the use of the Federal rulemaking portal (http://www.regulations.gov) and streamline the exclusions process while enhancing data integrity and quality controls.

The changes that will be made with this interim final rule will result in a change in the mode of collection for three collections currently approved by OMB, including the following control number Exclusions from the Section 232 National Security Adjustments of Imports of Steel and Aluminum (control number 0694-0139). On the effective date of the interim final rule, which will be 7 days after date of display on the public inspection list at the Office of the Federal Register, there will be a change in the mode of collection whereby all exclusions requests will be submitted in the “232 Exclusions Portal” and no longer submitted using the website www.regulations.gov.

This rule is not expected to increase the burden hours for any of the collections associated with this rule as minimal changes are anticipated. There will be two changes to the existing collection: one related to submitting an email to create an account in the 232 Exclusions Portal and a second related to identifying the exclusion request ID # when sending confidential business information (CBI) by email to the U.S. Department of Commerce in support of an exclusion request.

• For the first change the existing collection already requires the submission of an email address from the submitter when submitting an exclusion request form. In order to use the 232 Exclusions Portal the first time an exclusion request is to be submitted in the new Portal, the submitter will need to create on a one-time basis an account by providing the same email address and creating a password for their use that will be used when submitting the web-based exclusion request form, as well as any other 232 submissions, e.g., rebuttals.

• For the second change under the email process for submitting confidential business information (CBI) under paragraph (b)(5)(iii)(B) in Supplements No. 1 and 2 to Part 705, the regulations.gov ID number previously was required to be provided as part of the email, but will no longer be required for exclusion requests submitted in the 232 Exclusions Portal and instead the ID # received from the 232 Exclusions Portal will be submitted in the email subject line by the person submitting the CBI to the U.S. Department of Commerce in support of the exclusion request. 

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