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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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<p>With growing congressional and business concerns over the backlog of Section 232 product exclusion requests and the lack of transparency in the review and decision-making processes of the Department of Commerce (Commerce), U.S. Senators Pat Toomey, Doug Jones and Thomas Carper submitted a <a href="https://www.jones.senate.gov/imo/media/doc/112618%20gao%20letter%20tariffs.pdf" target="_blank" rel="noopener noreferrer">letter</a> November 26, 2018, to the Government Accountability Office (GAO) requesting a formal review by this government agency as to how Commerce has been granting these tariff exclusions. Among the issues the senators asked to be evaluated are:</p>
<ul>
<li>What criteria are used to make a determination to approve or deny a request, and how does Commerce adjudicate rebuttals?</li>
<li>What steps is Commerce undertaking to improve the timely processing of exclusion requests?</li>
<li>How does Commerce ensure transparency and adequate communication with parties who have filed requests?</li>
<li>How has Commerce trained staff to properly evaluate petitions?</li>
</ul>
<p>On December 12, the <a href="https://filehost.thompsonhine.com/uploads/GAO_Letter_to_Sen_Toomey_-_Dec_2018_8c46.pdf" target="_blank" rel="noopener noreferrer">GAO responded</a> to this request, confirming that it will conduct such an analysis and study. While this announcement will no doubt please trade practitioners and U.S. businesses that have been frustrated by the Section 232 product exclusion request process, the results of any such analysis &ndash; much like decisions resulting from the Section 232 product exclusion request process itself &ndash; are months away. The GAO informed the senators that staff will be available to initiate a review in approximately three months. The final findings of any GAO report will most likely not be presented to the Senate until mid-2019, at the earliest.</p>

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Government Accountability Office to Review Section 232 National Security Tariff Exclusion Request Process