Summary of Executive Order - Adjusting Imports of Aluminum into the United States

Summary of Executive Order - Adjusting Imports of Aluminum into the United States

Summary

• All country exemptions, tariff-rate quotas, and absolute quotas are eliminated.  Effective March 12, 2025, all imports of aluminum articles and derivative aluminum articles covered by prior proclamations from Argentina, Australia, Canada, Mexico, EU countries, and the United Kingdom will be subject to the tariff, at the increased rate of 25 percent ad valorem.
• The tariff rate will increase from 10 percent ad valorem to 25 percent ad valorem from all countries except for Russia.  There is no modification of Proclamation 10522, which imposed a 200 percent ad valorem tariff on aluminum articles and derivative aluminum articles that are the product of Russia and aluminum articles and derivative aluminum articles where any amount of the primary aluminum used in the manufacture of the aluminum articles and derivative aluminum articles is smelted in Russia, or the aluminum articles and derivative aluminum articles are cast in Russia.
• Additional derivative aluminum articles will be covered by the tariff, at the increased duty rate of 25 percent ad valorem.  The list of additional derivative aluminum articles is forthcoming.  For the new derivative aluminum articles that are the product of Russia or where any amount of primary aluminum used in the manufacture of the derivative aluminum article is smelted in Russia, or the derivative aluminum articles are cast in Russia, the applicable duty rate will be 200 percent ad valorem, consistent with the prior proclamation with respect to Russian aluminum articles and derivative aluminum articles.
  • The proclamation expressly states that the modifications with respect to the new derivative aluminum articles that are outside of Chapter 76 of the HTSUS will be effective upon public notification by Commerce that adequate systems are in place to fully, efficiently, and expediently process and collect tariff revenue for these articles.  While there is some ambiguity in the language, the proclamation suggests that this will also be the effective date for all new derivative aluminum articles, regardless of whether they are inside Chapter 76.
  • For any new derivative aluminum articles that are outside of Chapter 76 of the HTSUS, the duty will apply only to the aluminum content of the derivative article.
  • The new derivative aluminum articles will not be subject to the tariff if they are processed in another country from aluminum articles that were smelted and cast in the United States.
• The product exclusion process is terminated and no product exclusions in effect will be renewed as of the date of this proclamation.  Granted product exclusions will remain effective until their expiration date or until the excluded product volume is imported, whichever occurs first.  All general approved exclusions will be ineffective as of March 12, 2025.
• Importers of aluminum derivative articles must provide to CBP any information necessary to identify the aluminum content used in the manufacture of aluminum derivative articles imports covered by this proclamation.
• Commerce is directed to establish a process for covering additional derivative aluminum articles within the scope of the tariff within 90 days of the date of this proclamation.  The process will allow Commerce to include additional derivative aluminum articles, as well as requests to be made by domestic producers of aluminum articles or derivative aluminum articles and industry associations representing such producers.  Through this process, Commerce shall make a determination whether to include the additional derivative article within 60 days of receiving a request from a domestic producer or industry association.
• CBP is directed to prioritize reviews of the classification of imported aluminum articles and derivative aluminum articles.  If CBP discovers misclassification resulting in these ad valorem duties being avoided, CBP shall assess monetary penalties in the maximum amount permitted by law.   In addition, CBP is directed to promptly notify Commerce of any evidence of efforts to evade payment of these ad valorem duties through processing or alteration of aluminum articles or derivative aluminum articles as a disguise or artifice prior to importation.  In such circumstances, Commerce shall consider including such processed or altered articles as derivative aluminum articles within the scope of the tariff pursuant to the process established for including additional derivative articles.