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On October 27, 2020 President Trump issued Proclamation 10106 of October 27, 2020 Adjusting Imports of Aluminum Into the United States (published in the Federal Register on October 30, 2020), which modifies the terms of Proclamations 9704, 9893 and 10060 with respect to imports of non-alloyed unwrought aluminum products from Canada. In the Proclamation the President states that,

as a result of talks with the Canadian government, imports of aluminum from Canada will no longer threaten to impair the national security, and thus I have decided to reinstate Canada’s exclusion from the tariff on these articles proclaimed in Proclamation 9704, as amended. As specified in this proclamation, I may re-impose the tariff proclaimed in Proclamation 9704 on imports of non-alloyed unwrought aluminum from Canada in the event that the volume of imports of these articles from Canada in the remaining months of 2020 exceeds the quantities that the United States expects will be exported from Canada to the United States during this period. The United States and Canada expect to hold further consultations in December 2020 to discuss the state of aluminum trade between the two countries in light of trade patterns in the last 4 months of 2020 and expected market conditions in 2021

The Proclamation takes the following actions:

  • modifies subchapter III of chapter 99 of the HTSUS in order to establish the removal of the additional duty rate on imports of non-alloyed unwrought aluminum from Canada;
  • requires the Secretary of Commerce in consultation with the USTR to monitor imports;
  • indicates that re-imposition of tariffs may be considered and possibly with retroactive application, if agreed upon quantities are exceeded;
  • lifts the tariffs on non-alloyed unwrought aluminum with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 1, 2020, and shall continue in effect, unless such actions are expressly reduced, modified, or terminated;
  • requires imports of non-alloyed unwrought aluminum articles from Canada provided for in 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, to continue to be admitted only as ‘‘privileged foreign status’’ as defined in 19 CFR 146.41, and 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;
  • requires imports of non-alloyed unwrought aluminum articles from Canada provided for in 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;
  • prohibits drawback if tariffs are re-imposed.