On November 12, 2020, CBP issued CSMS #44838240 – GUIDANCE: Section 232 Exemption for Canadian Unwrought Aluminum – Entry Summary and Post Summary Correction Processing, which is reproduced below:
On October 27, 2020, the President signed Presidential Proclamation 10106, “Adjusting Imports of Aluminum into the United States,” published in the Federal Register on October 30, 2020 (see 85 FR 68709), reinstating the exemption for products of Canada from the additional 10 percent Section 232 duties on certain non-alloyed unwrought aluminum articles. As a result, for goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01am eastern daylight time on September 1, 2020, Harmonized Tariff Schedule (HTS) 9903.85.21 is no longer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. The Automated Commercial Environment (ACE) was updated on October 28, 2020 to reflect this change.
The Presidential Proclamation states that the U.S. will continue monitoring imports of unwrought aluminum from Canada, and if the U.S. determines that import volume has exceeded a certain amount in any month, the President may re-impose the Section 232 duties retroactively on imports of non-alloyed unwrought aluminum from Canada.
Non-alloyed unwrought aluminum of Canada entered on or after August 16, 2020, and prior to September 1, 2020, is still subject to additional duties under 9903.85.21.
This is a follow up to CSMS message # 44591106.
Importers may file Post Summary Corrections (PSCs) to correct entries filed from September 1, 2020, through October 27, 2020 that may be eligible for refunds pursuant to the Presidential Proclamation. In the event that a subject entry has liquidated, a protest may be filed seeking a refund based on the Presidential Proclamation.
Due to the significant number of entry summary lines filed from September 1, 2020 through October 27, 2020, there may be a delay in processing the post summary corrections and any protests.
Should you have questions regarding this guidance, please contact the Commercial Operations Revenue and Entry Division (CORE) at [email protected].
Questions from the importing community concerning ACE entry rejections should be referred to their CBP Client Representative. For other trade remedy questions, please refer to CSMS message #42203908 (Information on Trade Remedy Questions and Resources) https://content.govdelivery.com/accounts/USDHSCBP/bulletins/283fb04.
Related message numbers: 44591106, 43654621, 42566154, 42355735, 18-000424, 18-000372, 18-000352, 18-000317.