Exclusion Request 474690

Product Information

Submission Date: 10/9/2024

Public Status: Pending-Surrebuttal Window Closed

Please select product type

Identify the class of product for which the Exclusion is sought

10-Digit Harmonized Tariff Schedule Code of the United States (HTSUS) for the single product covered by this request

If this is a renewal of a previously granted exclusion request, please provide the ID number of the previously granted exclusion request

Requesting Organization Information

Full Organization Legal Name

Street Address

City

State

Zip Code

Headquarters Country

Point of Contact Name

Phone Number

E-mail Address

Web Site Address

Parent Company of Requesting Organization

Full Organization Legal Name

Street Address

City

Headquarters Country

State/Province

Zip Code

Web Site Address

Importer of Record for Organization Requesting an Exclusion

Full Organization Legal Name

Street Address

City

State

Zip Code

Headquarters Country

Point of Contact Name

Phone Number

E-mail Address

Web Site Address

Requester's Authorized Representative/Agent (if applicable)

Requestor Point of Contact Name

Point-of-Contact Organization

Country Location

Phone Number

E-Mail Address

Web Site Address

Other Information

Exclusion Request Details

Does the parent organization hold ownership in (partially or completely), or is it otherwise engaged as a: Manufacturer; Distributor; Exporter or, Importer?

Identify the activity

Identify the organization

Identify the country where the organization is headquartered

Comments

VSI is wholly-owned by Acciaierie Valbruna S.p.A. (&quot;AV&quot;) of Italy, which produces the product for which an exclusion is being sought. VSI both manufactures and distributes stainless steel products in the United States, and currently employs approximately 85 people at VSI's eight locations around the country.  VSI is the parent company of Valbruna Slater Stainless, Inc., which has been based in Fort Wayne, Indiana, since 2004 and currently employs over 125 people in the manufacture of stainless steel bars and other products.  VSI distributes VSSI's U.S.-manufactured stainless steel products, along with products manufactured abroad in Italy by VSI's parent company, AV, if those products cannot be manufactured domestically by VSSI.  The product for which this exclusion is requested cannot be produced by VSSI, and therefore must be manufactured by AV and sold by VSI to satisfy U.S. customer requirements. VSI is only requesting this exclusion until VSI and its subsidiary VSSI are able to produce the product for which this exclusion is requested in the United States. There is insufficient U.S. availability of stainless steel grade 302HQ wire rod in 5.5mm through 13mm diameters in an annealed condition.   To the best of VSI's knowledge, the only U.S. producer that is currently producing wire rod products in these grades and sizes cannot immediately manufacture (i.e., within 8 weeks) these products to meet Valbruna's customers' specifications. The Valbruna group companies manufacture stainless steel products in the United States at VSSI's facilities in Fort Wayne, Indiana, since 2004.

Identify the primary type of activity of the Exclusion Requester

Comments

Total Requested Annual Exclusion Quantity in Kilograms (1 metric ton = 1,000 kilograms)

Kilograms

Average annual consumption for years 2015-2017 of the product that is subject of this Exclusion Request (Kilograms)

Kilograms

Explain why your organization requires an Exclusion

Please provide comments

Identify the percentage of total product covered under this Exclusion Request not available from manufacturers in the United States

Estimate the number of days required to take delivery of the product covered by this Exclusion Request, from the time the purchase order is issued by your organization

days

Estimate the number of days required to manufacture the product covered by this Exclusion Request, from the time a binding purchase order is executed

days

Estimate the number of days required to ship the product covered under this Exclusion Request, from the foreign port of departure to the Exclusion Requester's loading dock

days

Estimate the number of distinct shipments from the foreign port(s) of departure that will be needed for transporting to the United States the product subject to this Exclusion Request

shipments

Identify the U.S. Destination Port(s) of Entry through which the product subject to this Exclusion Request would be transported

Is the organization making this Exclusion Request doing so on behalf of a non-U.S. producer that does not manufacture products in the United States?

Identify the non-U.S. producer

Identify the country where the organization is headquartered

Comments

Exclusion Request Product Information

For this single Exclusion Request, provide a full, complete description of the product in the space provided below.See explanation below.
The product for which an Exclusion is being requested is defined as follows:

5.5mm - 13.5mm stainless steel wire rod in grade 302HQ, in an annealed condition.

*With regard to the product for which an Exclusion is requested, such a description must be limited to a single product. The description must be limited solely to physical properties (e.g., chemical requirements, mechanical requirements, dimensions, etc.) and exact descriptive terms/phrases covering the product subject to the Exclusion Request (e.g., “hot-rolled,” “seamless pipe,” “suitable for use in boilers,” “longitudinally submerged arc welded,” etc.).

All such physical properties must be defined based on actual, rather than nominal, measurements; references to specific dimensions (e.g., “cross-sectional diameter of 5.50 mm”) or measurements (e.g., “yield strength of 300 MPa,” “carbon content 0.08%,” etc.) will be interpreted as meaning the exact dimension or measurement. Ranges (e.g., “cross-sectional diameter falling within the range 5.35 mm and 5.65 mm,” “yield strength greater than or equal to 300 MPa,” “carbon content less than or equal to 0.15%, by weight,” etc.) are allowed. Where a range is needed, it should be identified based on the end points of the range (as in the examples above), rather than through references to absolute or percentage tolerances.

Comments

The Valbruna group companies manufacture stainless steel products in the United States at VSSI's facilities in Fort Wayne, Indiana, since 2004.

Identify the standards organizations that have set specifications for the product type that is the subject of this Exclusion Request, and provide the reference designation(s) for the identified standards organization(s), (e.g., ASTM A108-13):

	Organization	Designation

Identify the chemical composition of the specific product for which your organization seeks an Exclusion. Numbers may appear rounded, but full values will be stored. Format should starts with 0(example: 0.975)

Chemical	Aluminum	Antimony	Bismuth	Boron	Carbon
Minimum %
Maximum %
	Chromium	Cobalt	Copper	Iron	Lead
Minimum %
Maximum %
	Magnesium	Manganese	Molybdenum	Nickel	Niobium
Minimum %
Maximum %
	Nitrogen	Phosphorus	Selenium	Silicon	Sulfur
Minimum %
Maximum %
	Tellurium	Tin	Titanium	Tungsten	Vanadium
Minimum %
Maximum %
	Zinc	Zirconium
Minimum %
Maximum %

Comments

In the manufacturing process, Valbruna aims at much stricter values for certain of the chemical elements above, which forms a key component of Valbruna's trade secrets.
Iron content is not shown in mill test reports because it is a residual element, and the percentage shown is the remainder after all other elements are taken into account.

Provide the following information on the single product that is the subject of this Exclusion Request: 1) dimensional information for the single product and a single size -- not a range of products and or sizes (e.g., 19 mm dia. rebar - not 19, 22, 25, and 29 mm.).
A separate Exclusion Request must be submitted for each product by physical dimension; 2) performance data for tensile strength, yield strength, hardness, impact, shear and test temperature.

Product Specifications (Millimeters)

	Thickness	Inside Diameter	Outside Diameter	Length	Width	Height
Minimum
Maximum

Strength

	Tensile Strength Mega Pascal (MPa)	Yield Strength Mega Pascal (MPa)	Hardness (specify method - Brinnell, Rockwell, Vickers, etc.)
Minimum
Maximum

Toughness (If Applicable)

Test Type	Drop-Weight Tear Testing	Impact (Charpy) Testing	Other
Temperature
Joules
% Shear

Provide the following information on the single product that is the subject of this Exclusion Request: 1) performance data for ductility, magnetic permeability, surface finish; and 2) metal coating process, material type, weight, and thickness.

	Global Ductility		Local Ductility
	Elongation %	Reduction in Area %	Hole Expansion %	Bendability (mm)
Minimum	%	%	%	mm
Maximum	%	%	%	mm

	Magnetic Permeability			Surface Finish
	Epstein Test	Greer Lab Method	Stacked Wide Sheet	Profilometer - [SAE J911]
Minimum
Maximum

Coating Type and Composition
Coating Method	Coating Product Name and Abbreviation	Composition (e.g., Zn, Al, Si, Mg)

Coating Weight and Thickness
	Coating Weight	Coating Thickness
Minimum	grams psq	micrometers
Maximum	grams psq	micrometers

Specify any Additional Methods Used

Comments

Diameter tolerances up to and including 13.5mm are +/- .004. Diameter tolerances over 10mm are +/- 1% of diameter. All wire rod is shipped in coils.

Product Commercial Names

List the Commercial Name(s) of the single product that is the subject of this exclusion

Comments

Identify the Association code for the product that is the subject of this Exclusion Request

State the 1) application for the product (e.g., automotive, appliances, industrial products, structural, etc.) that is the subject of this Exclusion Request, and 2) why similar products manufactured in the United States, if available, are not suitable:

1) This product is a 5.5mm - 13.5mm diameter grade 302HQ stainless steel wire rod in an annealed condition. The primary application for stainless wire rod is redrawing into finished bars or wire.  This product cannot be manufactured in Valbruna's Fort Wayne, Indiana, manufacturing facilities, and therefore is manufactured by VSI's parent company in Italy pursuant to U.S. customer specifications.  2) To the best of VSI's knowledge, the only U.S. producer that is currently producing wire rod products in these grades and sizes cannot immediately manufacture (i.e., within 8 weeks) these products to meet Valbruna's customers' specifications.

If the Exclusion is needed to support U.S. national security requirements (critical infrastructure or national defense systems), provide a detailed description of the specific uses of this single product:

Source Countries

Identify the source countries for the single product for which the Exclusion is requested, the annual quantity to be supplied in kilograms, and the name of the current manufacturer(s) of the product. If this product is not obtained directly from the manufacturer, identify the current supplier(s) and the country of the supplier(s). The Exclusion Request, if granted, will pertain solely to the identified supplier(s) listed in this form and the country of origin. NOTE: Products encompassing more than one 10 - digit HTSUS code must submit a separate Exclusion Request for each pertinent code.

	Country of Origin	Country of Export	Exclusion Quantity	Current Manufacturer	Current Supplier (if not obtained directly from manufacturer)

Product Availability Information

Does the Requester possess knowledge of any domestic U.S. parties that currently manufacture the described product in the United States?

Comments

To the best of VSI's knowledge, the only U.S. producer that is currently producing wire rod products in these grades and sizes cannot immediately manufacture (i.e., within 8 weeks) these products to meet Valbruna's customers' specifications.

Does the Requester possess knowledge of any parties that currently manufacture the described product in a country exempted from this tariff? If yes, identify the country or countries below.

Comments

Is the Requester aware of any manufacturers capable of producing a substitute for the product in the United States? If “Yes” provide supporting information (name and address) in the space below?

Comments

To the best of VSI's knowledge, the only U.S. producer that is currently producing wire rod products in these grades and sizes cannot immediately manufacture (i.e., within 8 weeks) these products to meet Valbruna's customers' specifications.

Has the Exclusion Requester attempted to qualify any manufacturer in the United States as a supplier of the product that is the subject of this Exclusion Request in the past two years? If “Yes” provide supporting information in the space below.

Please provide names of the manufacturers.
Manufacturers

Comments

Has the Exclusion Requester attempted to purchase the described product that is the subject of this Exclusion Request, or a substitute, from a U.S. manufacturer in the past two years? If “Yes” identify the manufacturers, addresses, and your points of contact at the U.S. manufacturing organizations in the comments below.

Comments

Has the Exclusion Requester had supply contracts, or does it have current contracts, with producers that manufacture in the United States the product identified in the Exclusion Request? If “Yes” identify the U.S. manufacturers, addresses, and your points of contact at the U.S. manufacturing organizations in the comments below.

Comments

Has the Exclusion Requester determined that there is no U.S. manufacturer that produces a near-equivalent product that would meet qualification requirements? If “Yes” identify in the space below the testing standards/procedures employed to make that determination (e.g., magnetic core loss, etc).

Comments

To the best of VSI's knowledge, the only U.S. producer that is currently producing wire rod products in these grades and sizes cannot immediately manufacture (i.e., within 8 weeks) these products to meet Valbruna's customers' specifications.

In the last two years, has the Requester purchased a substitute product manufactured in the United States in place of the product described in the Exclusion Request? If “Yes” provide supporting information in the comments below.

Comments

Provide a detailed explanation as to how U.S. Customs and Border Protection (CBP) will be able to reasonably distinguish the product subject to the Exclusion Request at time of entry, without adding undue burden to their current entry system and procedures.

The stainless steel subject to this request will meet the parameters explained above, will be exported by AV, and will be imported by VSI.  The size can be verified by physical inspection.

Certification

Instruction: This Exclusion Request must be signed by an organization official specifically authorized to certify the document as being accurate and complete. The undersigned certifies that the information herein supplied in response to this questionnaire is complete and correct to the best of his/her knowledge.

Effective for all exclusion requests submitted on or after December 14, 2020, the undersigned certifies in the 232 Exclusions Portal that the information herein supplied in response to this questionnaire is complete and correct to the best of his/her knowledge. By signing the certification below, I attest that:

My organization intends to manufacture, process, or otherwise transform the imported product for which I have filed an exclusion request or I have a purchase order or orders for such products;
My organization does not intend to use the exclusion for which I have filed an exclusion request, if granted, solely to hedge or arbitrage the price;
My organization expects to consume, sell, or otherwise use the total volume of product across all my active exclusions and pending exclusion requests in the course of my organization’s business activities within the next calendar year;
If my organization is submitting an exclusion request for a product for which we previously received an exclusion, I certify that my organization either imported the full amount of our approved exclusion(s) last year or intended to import the full amount but could not due to one of the following reasons:
1. loss of contract(s);
2. unanticipated business downturns; or
3. other factors that were beyond my organizations’ control that directly resulted in less need for steel or aluminum articles; and
I certify that the exclusion amount requested this year is in line with what my organization expects to import based on our current business outlook. If requested by the Department of Commerce, my organization shall provide documentation that justifies its assertions in this certification regarding its past imports of steel or aluminum articles and its projections for the current year, as it relates to past and current calendar year exclusion requests.

It is a criminal offense to willfully make a false statement or representation to any department or agency of the United States Government as to any matter within its jurisdiction.[18 U.S.C. 1001 (1984 & SUPP. 1197)]

Company Name

Name of Authorizing Official

Title of Authorizing Official

Phone Number

Email of Authorizing Official

If the Point of Contact is different from the Authorizing Official provide point-of-contact information below.

Point-of-Contact Name

Title

E-mail Address

Phone Number

Do you have additional information to provide that is proprietary or otherwise business confidential that is relevant and necessary to this submission?

Note: If the answer is ‘Yes’, do not attach business confidential information at this time.

Small Business?

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	Company	Product	Posted Date	Details