OMB Control Number: 0694-0139

Expiration Date: 9/12/2018

Request for Exclusion from Remedies: Section 232 National Security Investigation of Steel Imports
Exclusion Request Requirements: Only individuals or organizations operating in the United States that use steel products (e.g. flat, long, semi-finished, pipe and tube, and stainless) in business activities (e.g., construction, manufacturing, supplying steel product
to users) in the United States may submit an Exclusion Request. For an Exclusion Request to be considered, the Exclusion Requester must provide factual information on 1) the single type of steel product it requires using a 10-digit HTSUS code, including its
specific dimension; 2) the quantity of product required (stated in kilograms) under a one-year exclusion; 3) a full description of the properties of the steel product it seeks to import, including chemical composition, dimensions, strength, toughness, ductility,
magnetic permeability, surface finish, coatings, and other relevant data. Exclusion Requests must be submitted using this Excel-based document. Paper submissions will not be accepted.
A separate Exclusion Request must be submitted on each distinct type and dimension of steel product to be imported. All applicable question blocks in the form must be completed for the Exclusion Request to be accepted. Exclusion Requests
will be denied if the applicant: 1) does not sufficiently address the specified reporting requirements; 2) cites the improper HTSUS code, or 3) provides incorrect product descriptions.
Organizations electing to attach supporting documents must provide these documents in PDF format and it must not exceed 25 pages. All information submitted in the Exclusion Request is subject to public disclosure. Do not provide sensitive Personally
Identifiable Information.
Organizations should upload their completed Exclusion Request pertaining to a steel product to www.regulations.gov under Docket Number BIS-2018-0006. An Exclusion Request may be submitted at any time. Processing of an Exclusion Request will take
approximately 90 business days. Notification of granted Exclusions will be posted on www.regulations.gov. For questions related directly to completing this form, contact BIS via email (steel232@bis.doc.gov) or telephone (202-482-5642).

1.a Identify the class of steel product for which the Exclusion is sought:

Carbon and Alloy Long

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

7217204520

(See https://www.usitc.gov/publications/docs/tata/hts/bychapter/0900c72_0.pdf)

Requesting Organization Information
Full Organization Legal Name

Importer of Record for Organization Requesting an Exclusion

Pensmore Reinforcement Technologies, LLC d.b.a Helix Steel

Street Address

2300 Washtenaw Ave, Suite 201

Full Organization Legal Name

Pensmore Reinforcement Technologies

Street Address

2300 Washtenaw Ave, Suite 201

City

Ann Arbor

City

Ann Arbor

State

Michigan

State

Michigan

Zip Code

48103

Headquarters Country
Point of Contact Name
Phone Number
1.b E-mail Address

Zip Code

48103

United States

Headquarters Country

United States

Luke Pinkerton

Point of Contact - Representative Name

Luke Pinkerton

734-322-2114 x 61

Phone Number

734-322-2114 x 61

luke.pinkerton@helixsteel.com

E-mail Address

luke.pinkerton@helixsteel.com

Web Site Address

www.helixsteel.com

Web Site Address

Parent Company of Requesting Organization
Full Organization Legal Name

www.helixsteel.com
Requester's Authorized Representative/Agent (If applicable)

N/A

Requester Point of Contact Name

Richard Wortman, Esq.

Street Address

Point-of-Contact Organization

City

Country Location

State/Province

Phone Number

213-452-0860

Zip Code/Postal Code

E-mail Address

rwortman@gdlsk.com

Headquarters Country

Web Site Address

Web Site Address

Other Information

Does the parent organization hold ownership in (partially or completely), or is it otherwise
engaged as a: Steel Manufacturer; Steel Distributor; Steel Exporter or, Steel Importer? If
1.c "Yes" identify the activity.
Comments:

www.gdlsk.com

Identify the country where the
organization is headquartered

Pensmore Reinforcement is a privately held Virgina LLC with headquarters and manufacturing in Michigan.

1.d Identify the primary type of steel activity of the Exclusion Requester:

Comments:

If "Yes" - Identify
the organization

GDLSK, LLP
United States

Manufacturer

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

4,000,000 kg

Pensmore Reinforcement, d.b.a. Helix Steel, is a small U.S. manufacturing company (currently employing 22 production employees in Michigan, and, if this exclusion is granted, anticipates employing 50
manufacting employees in Michigan by 2020). Pensmore Reinforcement imports steel coil wires made to its exacting, unique specifications. At Pensmore's Michigan production facility, the wires are further
manufactured into Helix (TM) micro rebar, a type of steel fiber reinforcement that is mixed into concrete to add tensile strength, durability, blast resistance and tornado/hurricane resistance. The product is
used in buildings, roads, bridge decks, tunnels, and is under evaluation in two of the U.S.-Mexico border wall prototypes (Yates Engineering) for the penetration resistance it provides.
Continued on Next Page

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 Request for Exclusion from Remedies: Section 232 National Security Investigation of Steel Imports - Continued
2.a Average annual consumption for years 2015-2017 of the steel product that is subject of this Exclusion Request - Kilograms

1,116,182 kg

Explain why your organization requires an Exclusion using 1) the drop-down box to the right and 2) by providing written comments in the space provided below.
2.b
Comments:

Insufficient U.S. availability

Pensmore has attempted to qualify U.S. supply; however, the quality and capacity of that U.S. supply is severely insufficient. Quality is measured by the number of wire breaks per 100 kg and is critical for public safety and for Pensmore to
remain competitive against imported finished products and a domestic plastic alternative.

2.c Identify the percentage of total steel product covered under this Exclusion Request not available from steel manufacturers in the United States:

92%

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

60

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

90

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

45

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

208

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

Port 1

Port 2

Port 3

Port 4

Port 5

Los Angeles, CA

Tacoma, WA

International Falls, MN

Detroit, MI

Chicago, IL

Port 6

Port 7

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

If "Yes" identify the non-U.S. steel producer

No

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:
Diameter: 0.51 +/-0.01 mm, Steel Type: C 1060A - C1072A (0.6-0.72% carbon), specified for drawing, low inclusions, Tensile: 1700-2000 N/mm2, Elongation at break: 3-5%, Torsion Test: 120 Torsions Minimum per ASTM - A 938, 203 mm length, 7.35 N Coating:
Electro-galvanized zinc at 10-15 g/m2 with 100% coverage., Zinc must be tightly adhered and pass a standard wrap test around a 0.5 mm diameter without any sign of flaking or cracking. Wire should be smooth, free of waves and have a natural coil diameter of
more than 40 cm. 2. Wire should be tightly wound and able to be uncoiled from a standard fly unit at a minimum of 100 meters/minute without any difficulty. 3. No more than 1 weld per spool and all welds must be strong and properly dressed. Where possible
mark welds with red die that will not harm the wire. 4. Must pass a hard kink test. 5. Incoming rod must be clean, class A for drawing and meet ASTM E-45 standards for inclusions and impurities. Package: MP100 plastic spool with 90 + 1kg. Lock nuts must be
used to assemble the spools. Each spool must have a lot number label. Nine spools per pallet and pallets must be 1075 mm in size in both directions and meet U.S. shipping requirements for infestation. 23 pallets per 20' container.
2.j
* 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:

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
2.k
identified standards organization(s),
(e.g., ASTM A108-13):

1
2

Organization

Designation

ASTM

A938

ASTM

E45

Other (specify)

Organization

Designation

3

Organization

Designation

Hot Rolled

Cold Rolled

Pickled

Other (Use
Comment Box)

5

4

6

Other (specify)

Other (specify)

General Steel Product Description
Identify the classification and properties of the steel product covered under this Exclusion Request. Other classification or properties may be described in the Comment box below. (Select all that apply)
Slab

Blooms

Billets

Ingots

Flat

Long

Beams

Semi
-Finished

Pipe

Tube

Stainless

Wire

Yes

2.l
Annealed

Plated

ElectroPlated

Galvanized

ElectroGalvanized

Zinc Plated

Aluminum
Plated

Lead Plated

Yes
Comment:

The product is electrogalvanized wire.
Continued on Next Page

Page 2 of 5

Tin Plated

Painted

Varnished

Plasticized

 Request for Exclusion from Remedies: Section 232 National Security Investigation of Steel Imports - Continued
Identify the chemical composition of the specific steel product for which your organization seeks an Exclusion. Numbers may appear rounded, but full values will be stored.
Chemical Composition
Chemical

Aluminum

Antimony

Bismuth

Boron

Minimum %

Chromium

Copper

Iron

Lead

Nitrogen

Phosphorous

Selenium

Manganese

Molybdenum

Nickel

0.30%

0.75%
Niobium

0.90%

Silicon

Sulfur

Minimum %

0.00%

0.10%

0.00%

Maximum %

0.05%

0.30%

0.05%

Comments:

Cobalt

0.60%

Maximum %

3.a

Carbon

Tellurium

Titanium

Tungsten

Vanadium

Zirconium

[Other - List Below] [Other - List Below]

We only specifiy the max and min carbon contents

Provide the following information on the single steel product that is the subject of this Exclusion Request: 1) dimensional information for the single steel 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 steel product by physical dimension; 2) performance data for tensile strength, yield strength, hardness, impact, shear and test temperature.
Steel Product Specifications (Millimeters)

Thickness

Inside Diameter

Outside Diameter

Length

Toughness
(If Applicable)

Strength

Width

Height

3.b

Tensile
Strength
Mega Pascal (MPa)

Yield
Strength
Mega Pascal (MPa)

Hardness
(specify method
below - Brinnell,
Rockwell, Vickers,
etc.)

Test Type

Drop-Weight Tear
Testing

Other
(specify type in
comment box)

Impact (Charpy)
Testing

Temperature (°C)
Minimum

0.50 mm

1700 MPa

Joules

Maximum

0.52 mm

2000 MPa

% Shear

Comments:

Provide the following information on the single steel 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

Elongation %

Reduction
-in-Area %

Local Ductility
(If Applicable)

Hole Expansion %

Bendability
(Bend Radius/Sheet
Thickness
[millimeter]

Magnetic Permeability
(If Applicable)

Magnetic
Permeability
[Epstein Test]

Magnetic
Permeability
[Greer Lab Method]

Stacked Wide
Sheet [ASTM
A804/
A804M-04
(2015)]

Surface Finish
(If Applicable)

Profilometer
- [SAE J911]

Coating Type and Composition
(If Applicable)

Coating Method

Coating Product
Name and
Abbreviation

Composition (e.g.,
Zn, Al, Si, Mg, other
intentionally added
elements or alloys)

3.c
Minimum
Maximum
Select any additional processing methods used:

Comments:

Other (specify)

Not Applicable

Continued on Next Page

Page 3 of 5

Weight
[Grams per Sq.
Meter]

Coating Thickness
[micrometers]

 Request for Exclusion from Remedies: Section 232 National Security Investigation of Steel Imports - Continued
List the Commercial Name(s) of the single steel product that is the subject of this Exclusion Request.
0.51 mm Electro Galvanized Wire on MP 100 Spools
4.a

Comments:

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

1) Construction: bridge decks; tunnels; Mex. border wall prototype; warehouses; retail centers; residential. 2) U.S. source has not passed quality testing and quantity insufficient. Quality: U.S. source has 1.4 wire breaks/90 kg spool; imported product has 1.0
breaks/90 kg spool. Quantity: U.S. source 250,000 kg/year; Pensmore's 2015-17 average consumption +1 million kg / year. The 25% tariff will make the Pensmore Michigan manufacturing facility unable to compete with a domestic plastic alternative and finished
imported product.
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 steel product in the space below:

4.c

The product is used to repair bridge decks (Missouri DOT, Phillips Hardy, Contractor) and is under evaluation in two of the prototypes for in the Mexico border wall (Yates Constuction Contractor) for the penetration resistance it
provides to concrete. It has also been used by the US Army Corps of Engineers on military bases and at FEMA's Mt Weather Facility (Century Concrete Contractor).
Identify the source countries for the single steel 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 steel product. If this steel 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: Steel products encompassing more than one 10-digit HTSUS code must submit a separate Exclusion Request for each pertinent code.

4.d

Current Manufacturer

Current Supplier
(if not obtained directly from manufacturer)

Country of Origin

Country of Export

Exclusion Quantity

1

China

China

3,000,000 kg

Nantong Longyang International Trading, CO LTD

2

China

China

1,000,000 kg

Wuhan Linking Trade Co Ltd.

3
4
5
Product Availability Information
4.e

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

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

Comment:
Has the Exclusion Requester attempted to qualify any steel manufacturer in the United States as a supplier of the steel product that is the subject of this Exclusion Request in the past two years? If “Yes” provide supporting information in the
space below. Supporting documents must be submitted as a consolidated PDF file and may not exceed 25 pages.
1

4.h

No

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

4.g

Yes

WJC Pilgrim product has not passed quality/qualification testing, and their capacity is far below what Pensmore requires. Quality: WCJ product has 1.4 wire breaks per 90 kg spool; imported product has 1.0 wire breaks per 90 kg spool. Capacity:
WCJ has 250,000 kg / year; Pensmore consumption has averaged over 1 million kg per year (2015-17). It is unclear whether Mt. Joy offers sufficient quality and quantity; the qualification process takes 18 months and Mt. Joy has not responded
to our initial request for information.

WCJ Pilgrim, Steve Kauffman 220 Boxwood Lane, York, PA 17402 Telephone: 717-755-7491

5

2

6

3

7

4
Comment:

8
WCJ product did not pass quality testing and WCJ has insufficient capacity/quantity.
Continued on Next Page

Page 4 of 5

No

 Request for Exclusion from Remedies: Section 232 National Security Investigation of Steel Imports - Continued

5.a

Has the Exclusion Requester attempted to purchase the described steel 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. steel manufacturing organizations in the space below.
Comment:

5.b

5.c

Yes

Yes, WCJ Pilgrim, Steve Kauffman 220 Boxwood Lane, York, PA 17402 Telephone: 717-755-7491 Cell: 717-515-1001 skauffman@wcjwire.com www.wcjwire.com

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

Yes

Yes, WCJ Pilgrim, Steve Kauffman 220 Boxwood Lane, York, PA 17402 Telephone: 717-755-7491 Cell: 717-515-1001 skauffman@wcjwire.com www.wcjwire.com. Although WCJ product did not pass Step 4 of qualification testing, Pensmore has
purchased from WCJ, given that no other U.S. source passed Steps 1-3 of the qualification process. However, WJC's capacity is far below what Pensmore requires.
Has the Exclusion Requester determined that there is no U.S. manufacturer that produces a near-equivalent steel 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).

No

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

No

5.d
Comment:

5.e

Provide a detailed explanation as to how U.S. Customs and Border Protection (CBP) will be able to reasonably distinguish the steel product subject to the Exclusion Request at time of entry, without adding undue burden to their current entry system and
procedures.
Boxes bear the Helix trademark. Diameter: 0.51 +/-0.01 mm, Steel Type: C 1060A - C1072A (0.6-0.72% carbon); Tensile: 1700-2000 N/mm2, Elongation at break: 3-5%, 120 Torsions Minimum per ASTM - A 938, 203 mm length, 7.35 N Coating: Electro-galvanized
zinc at 10-15 g/m2 with 100% coverage., Zinc must be tightly adhered. Package: MP100 plastic spool with 90 + 1kg). Package: MP100 plastic spool with 90 + 1kg. Lock nuts must be used to assemble the spools. Each spool must have a lot number label. Nine
spools per pallet and pallets must be 1075 mm in size in both directions.

Submission of Exclusion Requests: All Exclusion Requests must be fully completed and submitted to www.regulations.gov under Docket Number BIS-2018-0006 using this Microsoft Excel electronic form. All information submitted will be subject to public disclosure,
regardless of any statements by the Requester that some information should be treated otherwise. Any further information required as a part of this Exclusion Request will be determined and requested solely by the U.S. Department of Commerce.
Submission of Supporting Documents (Attachments): Supporting attachments should be submitted to www.regulations.gov as PDF documents and must be posted to www.regulations.gov under Docket Number BIS-2018-0006. Total supporting submissions
may not exceed 25 pages.
Other Comments:

Please see attached.

I have additional information to provide that is proprietary or otherwise business confidential that is relevant and necessary to this submission:

No

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

Pensmore Reinforcement Technologies

Name of Authorizing Official:

Luke Pinkerton

Phone Number:

734-322-2114

Title of Authorizing Official:
Email of Authorizing Official:

CTO and Founder

luke.pinkerton@helixsteel.com

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

Richard Wortman, Esq.

Title

E-mail Address:

rwortman@gdlsk.com

Phone Number

Partner
213-452-0860

Paperwork Reduction Act Notice
Per the Paperwork Reduction Act of 1995, public reporting burden for this collection of information is estimated to average 4 hours per response, including the time to review instructions, search existing data sources, gather and maintain data needed, and complete
and review the collection of information. Send comments regarding this burden estimate or any other aspects of this collection of information, to 1401 Constitution Avenue, NW, HCHB 1093, Office of Technology Evaluation, Bureau of Industry and Security, U.S.
Department of Commerce, Washington, DC 20230 attn: 0694-0139. Commerce may not collect this information, and you are not required to respond; unless this OMB number is displayed.

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