[Federal Register Volume 90, Number 42 (Wednesday, March 5, 2025)]
[Notices]
[Pages 11251-11253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03596]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 250226-0028]
XRIN 0694-XC113
Implementation of Duties on Aluminum Pursuant to Proclamation
10895 Adjusting Imports of Aluminum Into the United States
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Notice.
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SUMMARY: The President issued Proclamation 10895 ``Adjusting Imports of
Aluminum into the United States,'' (Aluminum Presidential Proclamation)
on February 10, 2025, imposing specified rates of duty on imports of
aluminum. In Proclamation 10895, the President authorized and directed
the Secretary of Commerce to publish modifications to the Harmonized
Tariff Schedule of the United States (HTSUS) so that it conforms to the
amendments and effective dates in the proclamation. The revised HTSUS
is set out in Annex 1 to this notice.
DATES: The duties set out in the annex to this document are effective
with respect to certain products that are entered for consumption, or
withdrawn from warehouse for consumption, on or after 12:01 a.m.
Eastern Standard Time on March 12, 2025.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2025, the President issued the Aluminum
Presidential Proclamation adjusting the imports of aluminum into the
United States (Proclamation 10895 of February 10, 2025) (90 FR 9807).
The Aluminum Presidential Proclamation instructed the United States
International Trade Commission, in consultation with the Secretary of
Commerce, the Commissioner of United States Customs and Border
Protection (CBP) within the Department of Homeland Security, and the
heads of other relevant executive departments and agencies, to revise
the HTSUS so that it conforms to the amendments and effective dates
directed in the Aluminum Presidential Proclamation within ten days of
the issuance of the Proclamation. The Proclamation directed and
authorized the Secretary of Commerce to publish any such modifications
to the HTSUS in the Federal Register. Annex 1 to this notice is the
modified HTSUS.
Note that importers are required to report to U.S. Customs and
Border Protection (CBP) the primary country of smelt, secondary country
of smelt, and country of cast on imports of all aluminum articles
subject to the aluminum and aluminum derivatives Section 232 measures.
Monitor CBP's Cargo Systems Messaging Service for guidance on entry
filing requirements.
Eric Longnecker,
Deputy Assistant Secretary for Technology Security.
Annex 1
A. 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 March 12, 2025, except for subdivision (k)
which shall be effective upon public notification of the Secretary
of Commerce:
a. The following new subdivisions (f) through (m) are inserted
in note 19 to subchapter III of chapter 99 of the Harmonized Tariff
Schedule of the United States (HTSUS) in numerical order:
``(f) Heading 9903.85.02 provides the ordinary customs duty
treatment applicable to all entries of aluminum products, as
enumerated in subdivision (g) of this note, of all countries other
than products of the United States. For any such products that are
eligible for special tariff treatment under any of the free trade
agreements or preference programs listed in general note 3(c)(i) to
the tariff schedule, the duty provided in heading 9903.85.02 shall
be collected in addition to any special rate of duty otherwise
applicable under the appropriate tariff subheading. 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 U.S.
Customs and Border Protection (``CBP'') regulations, except that
duties under subheading 9802.00.60 shall be assessed based upon the
full value of the imported article. No claim for entry or for any
duty exemption or reduction shall be allowed for the aluminum
products enumerated in subdivision (g) of this note 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 9903.85.02. All antidumping,
countervailing, or other duties and charges applicable to such goods
shall continue to be imposed in addition to the duty in heading
9903.85.02.
``(g) The rates of duty set forth in heading 9903.85.02 apply to
all entries of aluminum products classifiable in the headings and
subheadings enumerated in this subdivision:
(i) unwrought aluminum provided for in heading 7601;
(ii) bars, rods and profiles provided for in heading 7604;
(iii) wire provided for in heading 7605;
(iv) plates, sheets and strip provided for in 7606;
(v) foil provided for in heading 7607;
(vi) tubes, pipes and tube or pipe fittings provided for in
heading 7608 and 7609; and
(vii) castings and forgings of aluminum provided for in
subheading 7616.99.51.
``Any reference above to aluminum products classifiable in any
heading or subheading of chapter 76, as the case may be, shall mean
that any good provided for in the article description of such
heading or subheading and of all its subordinate provisions (both
legal and statistical) is
[[Page 11252]]
covered by the provisions of this note and related tariff
provisions.
``(h) Headings 9903.85.04, 9903.85.07 and 9903.85.08 provide the
ordinary customs duty treatment applicable to all entries of
derivative aluminum products from all countries classifiable in the
headings or subheadings enumerated in subdivisions (i), (j) and (k),
respectively, of this note. For any such derivative aluminum
products that are eligible for special tariff treatment under any of
the free trade agreements or preference programs listed in general
note 3(c)(i) to the tariff schedule, the duty provided in such
subheadings shall be collected in addition to any special rate of
duty otherwise applicable under the appropriate tariff subheading.
Derivative aluminum products 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 provisions and applicable CBP regulations, except that
duties under subheading 9802.00.60 shall be assessed based upon the
full value of the imported article. No claim for entry or for any
duty exemption or reduction shall be allowed for such derivative
aluminum products 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 headings
9903.85.04, 9903.85.07 or 9903.85.08. All anti-dumping,
countervailing, or other duties and charges applicable to such goods
shall continue to be imposed.
``(i) The rates of duty set forth in heading 9903.85.04 apply to
all entries of derivative aluminum products classifiable in the
subheadings enumerated in this subdivision:
(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).
``(j) The rates of duty set forth in heading 9903.85.07 apply to
all entries of derivative aluminum products classifiable in the
following provisions of the HTSUS, unless the derivative aluminum
product was processed in another country from aluminum articles that
were smelted and cast in the United States: 7610.10.00; 7610.90.00;
7615.10.2015; 7615.10.2025; 7615.10.3015; 7615.10.3025;
7615.10.5020; 7615.10.5040; 7615.10.7125; 7615.10.7130;
7615.10.7155; 7615.10.7180; 7615.10.9100; 7615.20.0000;
7616.10.9090: 7616.99.1000; 7616.99.5130; 7616.99.5140;
7616.99.5190.
``(k) The rates of duty in heading 9903.85.08 apply to all
entries of derivative aluminum products classifiable in the
following HTSUS provisions, unless the derivative aluminum product
was processed in another country from aluminum articles that were
smelted and cast in the United States: 6603.90.8100; 8302.10.3000;
8302.10.6030; 8302.10.6060; 8302.10.6090; 8302.20.0000;
8302.30.3010; 8302.30.3060; 8302.41.3000; 8302.41.6015;
8302.41.6045; 8302.41.6050; 8302.41.6080; 8302.42.3010;
8302.42.3015; 8302.42.3065; 8302.49.6035; 8302.49.6045;
8302.49.6055; 8302.49.6085; 8302.50.0000; 8302.60.3000;
8302.60.9000; 8305.10.0050; 8306.30.0000; 8414.59.6590;
8415.90.8025; 8415.90.8045; 8415.90.8085; 8418.99.8005;
8418.99.8050; 8418.99.8060; 8419.50.5000; 8419.90.1000;
8422.90.0640; 8424.90.9080; 8473.30.2000; 8473.30.5100;
8479.89.9599; 8479.90.8500; 8479.90.9596 8481.90.9060; 8481.90.9085;
8486.90.0000; 8487.90.0080; 8503.00.9520; 8508.70.0000;
8513.90.2000; 8515.90.2000; 8516.90.5000; 8516.90.8050;
8517.71.0000; 8517.79.0000; 8529.90.7300; 8529.90.9760;
8536.90.8585; 8538.10.0000; 8541.90.0000; 8543.90.8885;
8547.90.0020; 8547.90.0030; 8547.90.0040; 8708.10.3050; 8708.10.60;
8708.29.5160; 8708.80.6590; 8708.99.6890; 8716.80.5010;
8807.30.0060; 9013.90.8000; 9031.90.9195; 9401.99.9081; 9403.10.00;
9403.20.00; 9403.99.1040; 9403.99.9010; 9403.99.9015; 9403.99.9020;
9403.99.9040; 9403.99.9045; 9405.99.4020; 9506.11.4080;
9506.51.4000; 9506.51.6000; 9506.59.4040; 9506.70.2090;
9506.91.0010; 9506.91.0020; 9506.91.0030; 9506.99.0510;
9506.99.0520; 9506.99.0530; 9506.99.1500; 9506.99.2000;
9506.99.2580; 9506.99.2800; 9506.99.5500; 9506.99.6080;
9507.30.2000; 9507.30.4000; 9507.30.6000; 9507.30.8000;
9507.90.6000; 9603.90.8050.
``For any derivative aluminum product that is classified in one
of the HTSUS provisions that is listed in this subdivision, the
additional ad valorem duty imposed by heading 9903.85.08 shall only
apply to the declared value of the aluminum content of the
derivative article. The quantity of the aluminum content shall be
reported in kg for heading 9903.85.08, in addition to the units
provided in chapters 1 through 97 for the derivative aluminum
article, in accordance with Statistical Note 1(b) of Chapter 99.''
``(l) Any importer entering the aluminum products covered by
this note under heading 9903.85.02, or derivative aluminum products
under headings 9903.85.04, 9903.85.07, 9903.85.08 or 9903.85.09
shall provide any information that may be required, and in such
form, as is deemed necessary by CBP in order to permit the
administration of these headings.
``(m)(A) 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 March 12, 2025, headings
9903.85.67 and 9903.85.69 provides the ordinary duty treatment of
aluminum articles that are products of Russia, as enumerated in
subdivision (g) of this note, 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. For
any such goods that are eligible for special tariff treatment under
any of the free trade agreements or preference programs listed in
general note 3(c)(i) to the tariff schedule, the duty provided in
such headings shall be collected in addition to any special rate of
duty otherwise applicable under the appropriate tariff subheading,
except where prohibited by law. Any such 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. No claim
for entry or for any duty exemption or reduction shall be allowed
for the aluminum products enumerated in subdivision (g) of this note
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 9903.85.67 or 9903.85.69. All
shipments of any such article that is otherwise eligible to be
entered under a provision that is subject to quantitative
limitations, and where any amount of primary aluminum used in the
manufacture of the article is smelted in Russia, or the articles are
cast in Russia, shall be entered under headings 9903.85.67 through
9903.85.70. Except as otherwise provided in this subdivision, the
duty provided in these headings shall be collected on the full value
of the article that contains primary aluminum smelted in Russia, or
contains articles cast in Russia.
(B) 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 March 12, 2025, headings 9903.85.68 and
9903.85.70 provides the ordinary duty treatment of derivative
aluminum articles, as enumerated in subdivisions (i), (j) and (k) of
this note, that are the product of Russia, or where any amount of
primary aluminum used in the manufacture of the derivative aluminum
articles is smelted in Russia, or where the derivative aluminum
articles are cast in Russia. For any such products that are eligible
for special tariff treatment under any of the free trade agreements
or preference programs listed in general note 3(c)(i) to the tariff
schedule, the duty provided in these headings shall be collected in
addition to any special rate of duty otherwise applicable under the
appropriate tariff subheading, except where prohibited by law.
Derivative
[[Page 11253]]
aluminum articles 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. No claim for entry or for any exemption or
reduction shall be allowed for such derivative aluminum products
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 9903.85.68 or 9903.85.70. All
shipments of any such derivative aluminum article that is otherwise
eligible to be entered under a provision that is subject to
quantitative limitations, and where any amount of primary aluminum
used in the manufacture of the derivative aluminum article is
smelted in Russia, or the articles are cast in Russia, shall be
entered under headings 9903.85.67 through 9903.85.70. Except as
otherwise provided in this subdivision, the duty provided in these
headings shall be collected on the full value of the article that
contains primary aluminum smelted in Russia, or contains articles
cast in Russia.''
b. Subchapter III of chapter 99 of the HTSUS is modified by
inserting new headings 9903.85.02 through 9903.85.09 in numerical
sequence, with the material in the new heading inserted in the
columns of the HTSUS labeled ``Heading/Subheading'', ``Article
Description'', ``Rates of Duty 1-General'', ``Rates of Duty 1-
Special'' and ``Rates of Duty 2'', respectively:
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Rates of duty
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Heading/subheading Article description 1
---------------------------------------- 2
General Special
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``9903.85.02............... Except as provided in The duty provided The duty provided The duty provided
headings 9903.85.67 or in the applicable in the applicable in the applicable
9903.85.69, products subheading + 25%. subheading + 25%. subheading + 25%.
of aluminum provided
for in the tariff
headings or
subheadings enumerated
in subdivision (g) of
note 19 to this
subchapter.
9903.85.04................. Except as provided in The duty provided The duty provided The duty provided
headings 9903.85.68 or in the applicable in the applicable in the applicable
9903.85.70, derivative subheading + 25%. subheading + 25%. subheading + 25%.
aluminum products
provided for in the
tariff headings or
subheadings enumerated
in subdivision (i) of
note 19 to this
subchapter.
9903.85.07................. Except as provided in The duty provided The duty provided The duty provided
headings 9903.85.09, in the applicable in the applicable in the applicable
9903.85.68 or subheading + 25%. subheading + 25%. subheading + 25%.
9903.85.70, derivative
aluminum products,
provided for in the
tariff provisions
enumerated in
subdivision (j) of
note 19 to this
subchapter.
9903.85.08................. Except as provided in The duty provided The duty provided The duty provided
heading 9903.85.09, in the applicable in the applicable in the applicable
9903.85.68 or subheading + a subheading + a subheading + a
9903.85.70, derivative duty of 25% upon duty of 25% upon duty of 25% upon
aluminum products, the value of the the value of the the value of the
provided for in the aluminum content. aluminum content. aluminum content.
tariff provisions
enumerated in
subdivision (k) of
note 19 to this
subchapter.
9903.85.09................. Except as provided in The duty provided The duty provided The duty provided
heading 9903.85.68 or in the applicable in the applicable in the applicable
9903.85.70, derivative subheading. subheading. subheading''.
aluminum products
provided for in the
tariff headings and
subheadings enumerated
in subdivision (j) or
subdivision (k) of
note 19 to this
subchapter, where the
derivative aluminum
products were
processed in another
country from aluminum
articles that were
smelted and cast in
the United States.
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c. The article description of heading 9903.85.67 is modified by
deleting ``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'' and by inserting ``note 19(a)(vii)(A) to this
subchapter, or note 19(m)(A) to this subchapter, as applicable per
the date of entry for consumption or withdrawal from warehouse for
consumption,'' in lieu thereof.
d. The article description of heading 9903.85.68 is modified by
deleting ``note 19(a)(iii) to this subchapter'' and by inserting
``note 19(a)(iii) to this subchapter, or notes 19(i), 19(j) or 19(k)
to this subchapter, as applicable per the date of entry for
consumption or withdrawal from warehouse for consumption '' in lieu
thereof.
e. The article description of heading 9903.85.69 is modified by
deleting ``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'' and by inserting ``note 19(a)(vii)(A) to this
subchapter, or note 19(m)(A) to this subchapter, as applicable per
the date of entry for consumption or withdrawal from warehouse for
consumption'' in lieu thereof;
f. The article description of heading 9903.85.70 is modified by
deleting ``in note 19(a)(iii) to this chapter'' and by inserting
``note 19(a)(iii) to this subchapter, or notes 19(i), 19(j) or 19(k)
to this subchapter, as applicable per the date of entry for
consumption or withdrawal from warehouse for consumption'' in lieu
thereof.
B. Subdivisions (a) through (e) of note 19 to subchapter III of
chapter 99 of the HTSUS and heading 9903.85.01 through subheading
9903.85.66 and headings 9903.85.71 and 9903.85.72 shall continue to
apply to goods entered for consumption, or withdrawn from warehouse
for consumption, prior to 12:01 a.m. eastern daylight time on March
12, 2025.
C. Subdivision (a)(iii) of note 19 to subchapter III of chapter
99 of the HTSUS is modified by deleting ``Heading 9903.85.03'' and
by inserting ``Effective for goods entered for consumption, or
withdrawn from warehouse for consumption, prior to 12:01 a.m.
eastern daylight time on March 12, 2025, heading 9903.85.03'' in
lieu thereof.
D. Subdivision (a)(vii)(A) of note 19 to subchapter III of
chapter 99 of the HTSUS is modified by deleting ``Heading 9903.85.67
and 9903.85.69'' and inserting ``Effective for goods entered for
consumption, or withdrawn from warehouse for consumption, prior to
12:01 a.m. eastern daylight time on March 12, 2025, heading
9903.85.67 and 9903.85.69'' in lieu thereof.
E. Subdivision (a)(vii)(B) of note 19 to subchapter III of
chapter 99 of the HTSUS is modified by deleting ``Heading 9903.85.68
and 9903.85.70'' and inserting ``Effective for goods entered for
consumption, or withdrawn from warehouse for consumption, prior to
12:01 a.m. eastern daylight time on March 12, 2025, heading
9903.85.68 and 9903.85.70'' in lieu thereof.
[FR Doc. 2025-03596 Filed 3-3-25; 11:15 am]
BILLING CODE 3510-33-P