Sen. Elizabeth Warren, a Massachusetts Democrat who's also running for president, has asked an ethics official in the Commerce Department to examine whether the head of the International Trade Administration and the acting undersecretary for Industry and Security have ethical conflicts in the steel and aluminum Section 232 exclusion process. Both ITA and the Bureau of Industry and Security are responsible for evaluating the exclusion requests, and BIS officials ultimately grant or reject the requests.
Section 232 Exclusions
Companies that import steel and aluminum goods that are subject to Section 232 tariffs may seek exclusions from these tariffs for their products with the Commerce Department's Bureau of Industry and Security. Oftentimes, these exclusion requests will be rejected, particularly where a domestic U.S. steel or aluminum company can demonstrate that they are capable of making the importer's products in sufficient quantity and quality. After an exclusion request has been denied, the importer challenge this decision at the Court of International Trade. Frequently, these challenges will be referred to mediation before a CIT judge, however, cases that proceed to litigation will involve evidentiary disputes regarding the U.S. companies' manufacturing capacity and quality.