This week the U.S. Customs and Border Protection (CBP) Agency issued guidance for Section 232 Additional Duties on Russian Aluminum. Presidential Proclamations 9704 (2018), 9980 (2020), and 10522 (2023) on Adjusting Imports of Aluminum into the United States allowed for additional import duties on aluminum and derivative items.
U.S. CUSTOMS AND BORDER PROTECTION ANNOUNCE ADDITIONAL DUTIES ON RUSSIAN ALUMINUM GUIDANCE
Proclamation 10522 takes effect on March 10, 2023. Under the new Proclamation, Russian aluminum and aluminum-derived items shall be subject to a 200 percent ad valorem rate of duty for goods entered for consumption or withdrawn for consumption.
Imports of aluminum or derivative aluminum articles where any amount of primary aluminum used in the manufacture of the articles is smelted in Russia, or the articles are cast in Russia, will be subject to a 200 percent ad valorem rate of duty with respect to goods entered for consumption, or withdrawn from warehouse for consumption, effective April 10, 2023.
IMPORT GUIDANCE
Importers must report the following HTS classification effective March 10, 2023:
- 9903.85.67: “Aluminum articles that are the product of Russia, the foregoing under the terms of note 19(a)(vii)(A) to this subchapter and provided for in the tariff headings or subheadings enumerated in note 19(b) to this subchapter, except any exclusions that may be determined and announced by the Department of Commerce.”
- 9903.85.68: “Derivative aluminum articles that are products of Russia, when such derivative articles are provided for in the headings or subheadings enumerated in note 19(a)(iii) to this chapter, except any exclusions that may be determined and announced by the Department of Commerce.”
Contact the Trade Remedy Branch for items imported prior to this date and entered for consumption on or after March 10, 2023.
Effective April 10, 2023, these HTS classifications must be reported:
- 9903.85.67: “ Aluminum articles that are the product of Russia, or where any amount of primary aluminum used in the manufacture of the aluminum articles is smelted in Russia, or where the aluminum articles are cast in Russia, the foregoing under the terms of note 19(a)(vii)(A) to this subchapter and provided for in the tariff headings or subheadings enumerated in note 19(b) to this subchapter, except any exclusions that may be determined and announced by the Department of Commerce
- 9903.85.68: “Derivative aluminum articles that are products of Russia, or where any amount of primary aluminum used in the manufacture of the aluminum articles is smelted in Russia, or where the aluminum articles are cast in Russia, when such derivative articles are provided for in the headings or subheadings enumerated in note 19(a)(iii) to this chapter, except any exclusions that may be determined and announced by the Department of Commerce”
Contact the Trade Remedy Branch for reporting instruction on aluminum and aluminum derivative articles that are products of Russia, or where any amount of primary aluminum used in the manufacture of the articles is smelted in Russia, or where the articles are cast in Russia; and admitted into a foreign trade zone under privileged foreign status prior to April 10, 2023, and entered for consumption on or after April 10, 2023.
DRAWBACK AND EXCLUSIONS
Drawback is not available under the additional Section 232 aluminum duties imposed. No aluminum items or aluminum derivative articles that are a product of Russia will be eligible for any General Approved Exclusions if entered for consumption or withdrawn from a warehouse for consumption on or after March 10, 2023, and the same applies to products smelted or cast in Russia on or after April 10, 2023.
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