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CSMS # 55438432 - (UPDATED) GUIDANCE: Section 232 Aluminum Smelt and Cast Requirements
U.S. Customs and Border Protection sent this bulletin at 03/10/2023 01:12 PM EST
Cargo Systems Messaging Service
CSMS # 55438432 - (UPDATED) GUIDANCE: Section 232 Aluminum Smelt and Cast Requirements
The purpose of this message is to provide guidance on the new requirements for reporting the countries of smelt and cast for imports of aluminum and aluminum derivative products from all countries of origin.
Technical details on these reporting requirements will be provided in the CBP and Trade Automated Interface Requirements (CATAIR) Entry Summary Create/Update document on CBP.gov.
BACKGROUND
On March 8, 2018, the President issued Proclamations 9704 on Adjusting Imports of Aluminum into the United States, under Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), providing for additional import duties for aluminum articles, effective March 23, 2018. On January 24, 2020, the President issued Proclamation 9980 on Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles into the United States, effective February 8, 2020.
On February 24, 2023, the President issued Presidential Proclamation 10522 on Adjusting Imports of Aluminum into the United States, requiring, among other things, that importers shall provide to U.S. Customs and Border Protection (CBP) information necessary to identify the countries where the primary aluminum used in the manufacture of aluminum articles imports, covered by Clause 1 of Proclamation 9704, and derivative aluminum articles, specified in Annex I of Proclamation 9980, are smelted; and information necessary to identify the country where such aluminum articles imports and derivative aluminum articles are cast. See 88 FR 13267 issued on March 2, 2023.
Per Proclamation 10522, any imports of aluminum articles or aluminum derivative articles that are the product of Russia (effective March 10, 2023) or where any amount of primary aluminum used in the manufacture of the aluminum articles is smelted in Russia, or the aluminum articles are cast in Russia (effective April 10, 2023), are subject to a 200 percent ad valorem rate of duty.
The functionality for the acceptance of the smelt and cast fields on imports of aluminum and aluminum derivative articles will be deployed to the certification environment in the Automated Commercial Environment (ACE) on March 14, 2023. The functionality in production for the acceptance of the smelt and cast fields on imports of aluminum and aluminum derivative articles will be available in ACE on April 10, 2023
REPORTING SMELT AND CAST COUNTRIES
Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on April 10, 2023, importers of all aluminum articles and aluminum derivative articles from all countries of origin, regardless of whether Section 232 duties, quotas, exclusions, or general approved exclusion apply, shall report the following information on the entry summary:
Primary Country of Smelt
Report the country where the largest volume of new aluminum metal is produced from alumina (or aluminum oxide) by the electrolytic Hall-Héroult process.
Secondary Country of Smelt
Report the country where the second largest volume of new aluminum metal is produced from alumina (or aluminum oxide) by the electrolytic Hall-Héroult process.
If Russia is not the country reported for the primary country of smelt, and any primary aluminum used in the manufacture of the product was smelted in Russia, report the ISO code for Russia as the secondary country of smelt.
Filers may report “N/A” for the primary and secondary country of smelt if the product contains only secondary aluminum and no primary aluminum. Secondary aluminum is defined as aluminum metal that is produced from recycled aluminum scrap through a re-melting process.
Country of Cast
Report the country where the aluminum (with or without alloying elements) was last liquified by heat and cast into a solid state. The final solid state can take the form of either a semi-finished product (slab, billets or ingots) or a finished aluminum product.
Products of the U.S. are not covered by the countries of smelt and cast reporting requirements. Until further notice, for products of the U.S., filers may report “N/A” for the countries of smelt, and U.S. for country of cast.
FOREIGN TRADE ZONES
The smelt and cast reporting requirements also apply to goods withdrawn from a Foreign Trade Zone (FTZ) for consumption, on or after 12:01 a.m. eastern daylight time on April 10, 2023.
PRODUCTS COVERED
Per Proclamations 9704 and 9980, and Chapter 99 of the Harmonized Tariff Schedule of the United States, the following aluminum articles and derivative aluminum articles are subject to Section 232 measures, and are covered by the smelt and cast reporting requirements:
Aluminum articles:
i) unwrought aluminum provided for in heading 7601:
(ii) bars, rods and profiles provided for in heading 7604; wire provided for in heading 7605;
(iii) plates, sheets and strip provided for in heading 7606; foil provided for in heading 7607;
(iv) tubes, pipes and tube or pipe fittings provided for in heading 7608 and 7609;
(v) castings and forgings of aluminum provided for in subheading 7616.99.51.
Aluminum derivatives articles:
(A) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and with steel core, not electrically insulated; the foregoing fitted with fittings or made up into articles (described in subheading 7614.10.50);
(B) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and not with steel core, not electrically insulated; the foregoing comprising electrical conductors, not fitted with fittings or made up into articles (described in subheading 7614.90.20);
(C) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and not with steel core, not electrically insulated; the foregoing not comprising electrical conductors, not fitted with fittings or made up into articles (described in subheading 7614.90.40);
(D) stranded wire, cables, plaited bands and the like, including slings and similar articles, of aluminum and not with steel core, not electrically insulated; the foregoing fitted with fittings or made up into articles (described in subheading 7614.90.50);
(E) bumper stampings of aluminum, the foregoing comprising parts and accessories of the motor vehicles of heading 8701 to 8705 (described in subheading 8708.10.30); and
(F) body stampings of aluminum, for tractors suitable for agricultural use (described in subheading 8708.29.21).
Information and contacts related to Section 232 entry filing requirements is located on the trade remedy website on CBP.gov at https://www.cbp.gov/trade/remedies .
For questions regarding Section 232 Quota, please contact the HQ Quota mailbox at HQQuota@cbp.dhs.gov .
Related Messages: 55407022, 55014059, 42355735, 18-000424, 18-000372, 18-000352, 18-000317
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