Update: Threats to National Security Foiled? A Wrap Up of New Tariffs on Steel and Aluminum [March 22, 2018] [open pdf - 415KB]
"On March 19, 2018, the U.S. Department of Commerce ('Commerce') issued an interim final rule concerning product-specific exclusions from the new tariffs on certain steel and aluminum imports. Because these requirements involve 'a military or foreign affairs function of the United States,' Commerce determined that certain requirements of the Administrative Procedure Act, such as notice of proposed rulemaking, the opportunity for public comment, and a delayed effective date, were inapplicable. Under the new requirements, requests for exclusions can be filed only by individuals or organizations in the United States that use the specific steel and aluminum products covered by tariffs. Commerce will only grant an exclusion 'if an article is not produced in the United States in a sufficient and reasonably available amount, is not produced in the United States in a satisfactory quality, or for a specific national security consideration.' The exclusions 'will generally be approved for one year.'"
CRS Legal Sidebar, LSB10097
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html