On February 4, 2020, US Customs and Border Protection (CBP) issued CSMS # 41538803 – GUIDANCE: Additional Duty on Imports of Derivative Aluminum and Steel Articles, excerpts of which are reproduced below:
On January 29, 2020, the President issued Proclamation 9980 on Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles 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 derivative Aluminum and Steel Articles of the Trade Expansion Act of 1962. See the Federal Register (FR), 85 FR 5281, January 29, 2019.
Commodity: Derivative Aluminum and Steel articles, as specified per Presidential proclamation 9980 and 85 FR 5281 (see below).
Countries Covered: Derivative Aluminum Articles: All countries of origin except Argentina, Australia, Canada, and Mexico.
Derivative Iron or Steel Articles: All countries of origin except Argentina, Australia, Brazil, Canada, Mexico, and South Korea.
Please note this is based on the country of origin, not the country of export.
Guidance: Per 85 FR 5281, issued January 29, 2020, the additional duties on imports of Derivative Aluminum and Steel Articles are effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on February 8, 2020.
Derivative Aluminum Products: Importers shall report the following HTS classification for imported merchandise subject to the additional duty: 9903.85.03 (10 percent ad valorem additional duty for derivative of aluminum products). In addition to reporting the regular Chapter 76 of the HTS classification for the imported derivative merchandise, for aluminum stampings, new HTS classifications 8708.10.30.30 and 8708.29.21.30 will be effective on February 8, 2020.
Derivative Iron or Steel Products: Importers shall report the following HTS classification for imported merchandise subject to the additional duty: 9903.80.03 (25 percent ad valorem additional duty on derivative for iron/steel products). In addition to reporting the regular Chapter 73 of the HTS classification for the imported derivative merchandise, for steel stampings, the new HTS classification 8708.10.30.20 and 8708.29.21.20 will be effective on February 8, 2020.
Goods for which entry is claimed under a provision of chapter 98 and which are subject to the additional duties prescribed herein shall be eligible for and subject to the terms of such provision and applicable CBP regulations, except that duties under subheading 9802.00.60 shall be assessed based upon the full value of the imported article. In particular, please note that if body stampings of aluminum or steel, for tractors suitable for agricultural use qualify under 9817.00.50/.60, the imports are still subject to the additional 232 duties.
No claim for entry or for any duty exemption or reduction shall be allowed for the derivative aluminum or iron/steel products enumerated in this subdivision under a provision of chapter 99 that may set forth a lower rate of duty or provide duty-free treatment, taking into account information supplied by CBP, but any additional duty prescribed in any provision of this subchapter or subchapter IV of chapter 99 shall be imposed in addition to the duty in heading 9903.85.03 for aluminum and 9903.80.03 for steel.
Any derivative article described in the proclamation, except those eligible for admission under “domestic status” as defined in 19 CFR 146.43, that is subject to the duty imposed by clause 1 of the proclamation, and that was admitted into a U.S. foreign trade zone under “privileged foreign status” as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern standard time on February 8, 2020, will likewise be subject upon entry for consumption to any ad valorem rates of duty related to the classification under the applicable HTSUS subheading added by this proclamation.
Derivative articles shall not be subject upon entry for consumption to the duty established in this proclamation merely by reason of manufacture in a U.S. foreign trade zone. However, derivative articles admitted into a U.S. foreign trade zone in “privileged foreign status” of this proclamation shall retain that status consistent with 19 CFR 146.41(e).
No drawback shall be available with respect to the Section 232 duties imposed on any aluminum or steel article.
GSP and AGOA-eligible goods that are subject to Section 232 duties or quotas may not receive GSP or AGOA duty preference in accordance with 19 USC 2463(b)(2).
Trade preference may be claimed for all preference programs with the exception of GSP and AGOA, as stated above. Importers making a trade preference claim under a program other than GSP or AGOA may continue to receive the preferential duty rate and any MPF exemption that may apply in accordance with 19 CFR 24.23(c). Section 232 duties must be paid on imports subject to Section 232 even if trade preferences apply.
The merchandise covered by the additional duties may also be subject to antidumping and countervailing duties.
Imports of U.S. origin are not subject to Section 232 duties.
CBP will issue additional guidance on entry requirements for any products excluded from these measures, as soon as information is available. CBP will also issue updated guidance if there are any changes to these measures, including any changes to exempted countries and any new requirements, such as quota requirements.
Immediate Transportation Shipments
Under 19 CFR 141.69(b), merchandise which is not subject to a quantitative or tariff-rate quota and which is covered by an entry for immediate transportation made at the port of original importation, if entered for consumption at the port designated by the consignee or his agent in such transportation entry without having been taken into custody by the port director for general order under section 490, Tariff Act of 1930, as amended ( 19 U.S.C. 1490), shall be subject to the rates in effect when the immediate transportation entry was accepted at the port of original importation. For such entries covered by an entry for immediate transportation, and with a country of origin and Harmonized Tariff Schedule classification subject to the Presidential Proclamations, such entries shall be subject to the duty rates in effect when the immediate transportation entry was accepted at the port of original importation.
For Further Information: Please refer to Presidential Proclamation 9980 and 85 FR 5281 issued January 29, 2020, for more information related to the additional duty for imports of derivative aluminum and steel articles of the Trade Expansion Act of 1962 on Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles into the United States.
For questions on this and other trade remedy issues, please see Cargo Systems Messaging Service (CSMS) #40969690 – Information on Trade Remedy Questions and Resources.