Johnson, McCaskill Press Commerce for Tariff Exclusion Information

WASHINGTON — U.S. Sen. Ron Johnson (R-Wis.), chairman of the Homeland Security and Governmental Affairs Committee, and Ranking Member Claire McCaskill (D-Mo.) sent a letter Thursday to Commerce Secretary Wilbur Ross reiterating an earlier request for information regarding the steel and aluminum tariff exclusion process. The Commerce Department has not yet responded to an August 9 letter from the chairman requesting this information.

“The Commerce Department’s inability to respond to congressional oversight is unacceptable,” the senators wrote. “The public has a right to know how the Department determines whether to approve or deny exclusion requests.  Businesses that are struggling to comply with the uncertainty of the exclusion process deserve clear answers. If the Department does not produce the information by September 13, 2018, the Committee may be forced to consider use of compulsory process.”

Sen. Johnson and Sen. McCaskill’s letter to Secretary Ross can be found here and below:

August 30, 2018 

The Honorable Wilbur Ross

Secretary

U.S. Department of Commerce

1401 Constitution Ave., N.W.

Washington, D.C. 20230

Dear Secretary Ross:

    The Committee on Homeland Security and Governmental Affairs is continuing to conduct oversight of this Administration’s trade policies, and the steel and aluminum tariff exclusion process.  On August 9, 2018, Chairman Johnson wrote to you requesting information regarding the process by which businesses may apply for exclusions from the steel and aluminum tariffs.^[1]  The letter requested a response and briefing by no later than 5:00 p.m. on August 23, 2018.^[2]  To date, the Committee has not received a response from the Commerce Department.

    The Commerce Department’s inability to respond to congressional oversight is unacceptable.  As Chairman Johnson noted in the letter, many businesses have raised concerns about the burdensome exclusion process.^[3]  The public has a right to know how the Department determines whether to approve or deny exclusion requests.  Businesses that are struggling to comply with the uncertainty of the exclusion process deserve clear answers.  If the Department does not produce the information by September 13, 2018, the Committee may be forced to consider use of compulsory process.

    In addition to the materials Chairman Johnson requested on August 9, 2018, we respectfully request the following information:

1. Please produce all documents and communications between or among employees, agents, or contractors of the Commerce Department and employees, agents, or contractors of domestic steel and aluminum companies from September 1, 2017 to the present referring or relating to the steel and aluminum tariffs, the tariff exclusion process, or objections to tariff exclusions.
2. Please produce all documents and communications between or among employees, agents, or contractors of the Commerce Department and employees of the Executive Office of the President from January 1, 2018 to the present referring or relating to the tariff exclusion process or objections to tariff exclusions.

    If you have any questions, please ask your staff to contact Josh McLeod or Scott Wittmann with Chairman Johnson’s staff at (202) 224-4751 or Sarah Garcia and Thomas Richards with Ranking Member McCaskill’s staff at (202) 224-2627.  Thank you for your attention to this matter.

Sincerely,

Ron Johnson                                                                           Claire McCaskill        

Chairman                                                                                 Ranking Member

cc:        The Honorable Robert Lighthizer

            United States Trade Representative

            Mr. Peter Navarro

            Director, National Trade Council

Background on Sen. Johnson’s engagement on tariffs

March 8, 2018: Chairman Johnson’s letter to the Commerce Department can be found here.

April 9, 2018: The Commerce Department’s response to Chairman Johnson can be found here.

May 3, 2018: Chairman Johnson and Ranking Member McCaskill’s letter to the Commerce Department can be found here.

May 17, 2018: The Commerce Department’s response to Chairman Johnson and Ranking Member McCaskill can be found here.

June 13, 2018: Chairman Johnson’s and Ranking Member McCaskill’s letter to the Council of Economic Advisers can be found here.

July 18, 2018: Chairman Johnson’s letter to the President on impact of tariffs on Wisconsin businesses can be found here.

Aug. 9, 2018: Chairman Johnson’s letter to the Commerce Department on the tariff exclusion process can be found here.

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