US CBP Update: Section 232 on Imports of Aluminum Articles from Canada

BACKGROUND

On October 27, 2020 the President issued a Presidential Proclamation on Adjusting Imports of Aluminum into the United States, reinstating Canada’s exclusion from additional 10 percent duties under Section 232 on certain non-alloyed unwrought aluminum articles. This Proclamation amends Presidential Proclamation 10060 of August 6, 2020.

As a result, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 1, 2020, HTS number 9903.85.21 is no longer required for imports of non-alloyed unwrought aluminum articles that are the product of Canada provided for in HTS subheading 7601.10. Goods entered prior to September 1, 2020, are still subject to additional duties under 9903.85.21. ACE has been updated to reflect these modifications starting October 28, 2020.

FOREIGN TRADE ZONE

Any imports of non-alloyed unwrought aluminum articles that are the product of Canada provided for in HTS Subheading 7601.10, except any articles that are eligible for admission under “domestic status” as defined in 19 CFR 146.43, that are admitted into a United States foreign trade zone on or after 12:01 a.m. eastern daylight time on September 1, 2020, shall continue to be admitted only as “privileged foreign status” as defined in 19 CFR 146.41, and shall not be subject upon entry for consumption on or after such time and date to the duty treatment provided for in heading 9903.85.21, unless and until heading 9903.85.21 becomes applicable to these articles. Imports of non-alloyed unwrought aluminum articles that are the product of Canada provided for in HTS Subheading 7601.10, admitted into a United States foreign trade zone before 12:01 a.m. eastern daylight time on September 1, 2020, under “privileged foreign status” as defined in 19 CFR 146.41, shall remain subject upon entry for consumption on or after such time and date to the additional 10 percent ad valorem rate of duty imposed by Proclamation 9704, as amended.

Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. Questions related to Section 232 entry-filing requirements, please refer to CSMS message #42203908 (Information on Trade Remedy Questions and Resources) https://content.govdelivery.com/accounts/USDHSCBP/bulletins/283fb04.

Any remaining unanswered questions related to Section 232 duties should be sent to the Trade Remedy branch via email to traderemedy@cbp.dhs.gov.