Steel – Aluminum Update – April 30 218 : Sanders Brokerage

Steel – Aluminum Update – April 30 218

Posted by stevelsanders98230 on Tuesday, May 1, 2018 · Leave a Comment

Posted May 1 2018 9:07 a.m.
UPDATE: Additional Duty on Imports of Steel and Aluminum Articles under Section

232 of the Trade Expansion Act of 1962

2018-05477 aluminum s. korea
BACKGROUND:

On March 8, 2018, the President issued Proclamations 9704 and 9705 on Adjusting 
Imports of Steel and Aluminum 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 steel mill and aluminum articles, effective March 
23, 2018.  See the Federal Register, 83 FR 11619 and 83 FR 11625, March 15, 
2018.  On March 22, 2018, the President issued Proclamations on Adjusting 
Imports of Steel and Aluminum into the United States. See the Federal Register, 
83 FR 13355 and 83 FR 13361, March 28, 2018.  On April 30, 2018, the President 
issued Proclamations on Adjusting Imports of Steel and Aluminum into the United 
States.

These duty requirements are effective with respect to goods entered, or 
withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern 
daylight time on March 23, 2018.

COMMODITY:

Steel mill and aluminum articles, as specified in the Presidential 
Proclamations. 

COUNTRIES COVERED BY SECTION 232 IMPORT DUTIES:

Please note that the Section 232 measures are based on the country of origin, 
not the country of export.

Steel:
May 1, 2018 through May 31, 2018:  All countries of origin except Canada, 
Mexico, Australia, Argentina, South Korea, Brazil and member countries of the 
European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, 
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, 
Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, 
Slovakia, Slovenia, Spain, Sweden and the United Kingdom).
As of June 1, 2018:  All countries of origin except Argentina, Australia, 
Brazil, and South Korea.

Quota for Steel Imports from South Korea

A separate CSMS will be issued with details on the quota on steel imports from 
South Korea.

Aluminum:
May 1, 2018 through May 31, 2018:  All countries of origin except Canada, 
Mexico, Argentina, Australia, Brazil and member countries of the European Union 
(Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, 
Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, 
Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, 
Spain, Sweden and the United Kingdom).

As of June 1, 2018:  All countries of origin except Argentina, Australia, and 
Brazil. 

Note:  As of May 1, 2018, aluminum articles from South Korea are subject to the 
Section 232 import duties.  Importers may receive a quota hold message for 
imports of such articles; however, a quota is not in effect for imports of 
aluminum from South Korea.

For both steel and aluminum, imports of United States origin are not covered by 
the Section 232 measures.

ENTRY SUMMARY FILING INSTRUCTIONS: 

Steel Products 
In addition to reporting the regular Chapters 72 & 73 of the Harmonized Tariff 
Schedule (HTS) classification for the imported merchandise, importers shall 
report the following HTS classification for imported merchandise subject to the 
additional duty:
9903.80.01 (25 percent ad valorem additional duty for steel mill products)
	
Aluminum Products 
In addition to reporting the regular Chapter 76 of the HTS classification for 
the imported merchandise, importers shall report the following HTS 
classification for imported merchandise subject to the additional duty: 
9903.85.01 (10 percent ad valorem additional duty for aluminum products)

Generalized System of Preferences (GSP) and African Growth and Opportunity Act 
(AGOA)
GSP and AGOA-eligible goods that are subject to Section 232 duties may not 
receive GSP or AGOA duty preference in accordance with 19 USC 2463(b)(2).

On imports subject to Section 232 duties, in addition to the Section 232 duties, 
importers should pay the normal trade relations (column 1) duty rates and not 
submit the GSP Special Program Indicator (SPI) ?A? or the AGOA SPI ?D?

Although Brazil and Argentina are GSP countries, they are exempt from Section 
232 per the Harmonized Tariff Schedule of the United States (HTSUS) Chapter 99, 
Subchapter III, U.S. Notes 16(a) and 19(a); therefore they may claim GSP.

Other Trade Preference Programs and Free Trade Agreements
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.

Additional Information

Chapter 98
Imports subject to Section 232 duties imported under subheading 9802.00.60 shall 
be assessed Section 232 duties based upon the full value of the imported 
article.

Foreign Trade Zones
Any steel or aluminum article, except those eligible for admission under 
?domestic status? as defined in 19 CFR 146.43, subject to the Section 232 
duties, that is admitted into U.S. foreign trade zones on or after 12:01 a.m. 
eastern daylight time on March 23, 2018, must be admitted as ?privileged foreign 
status? as defined in 19 CFR 146.41, and will be subject upon entry for 
consumption to any ad valorem rates of duty related to the classification under 
the applicable HTSUS subheading.

Any steel or aluminum article, except those eligible for admission under 
?domestic status? as defined in 19 CFR 146.43, subject to the 232 duties, that 
was admitted into U.S. foreign trade zones under "privileged foreign status" as 
defined in 19 CFR 146.41, prior to 12:01 a.m. eastern daylight time on March 23, 
2018, will likewise be subject upon entry for consumption to any ad valorem 
rates of duty related to the classification under applicable HTSUS subheadings 
imposed by the Proclamations.

Aluminum or steel articles shall not be subject upon entry for consumption to 
Section 232 duties, merely by reason of manufacture in a U.S. foreign trade 
zone.  However, articles admitted to a U.S. foreign trade zone in ?privileged 
foreign status,? shall retain that status consistent with 19 CFR 146.41(e).

The merchandise covered by the additional duties and quota may also be subject 
to antidumping and countervailing duties.

Drawback

No drawback shall be available with respect to the Section 232 duties imposed on 
any aluminum or steel article. 

FOR FURTHER INFORMATION:

For more information, please refer to the Presidential Proclamations on 
Adjusting Imports of Steel and Aluminum into the United States, Federal 
Register, 83 FR 11619 and 83 FR 11625, March 15, 2018; the March 22, 2018 
Presidential Proclamations on Adjusting Imports of Steel and Aluminum into the 
United States. 83 FR 13355 and 83 FR 13361, March 28, 2018; and the April 30, 
2018 Proclamations on Adjusting Imports of Steel and Aluminum into the United 
States.  Also see Frequently Asked Questions at 

https://www.cbp.gov/trade/programs-administration/entry-summary/232-tariffs-

aluminum-and-steel

----------------------------------
Additional Duty on Imports of Steel and Aluminum Articles under Section 232 of the Trade Expansion Act of 1962 An Update (4/12/2018):

Just so you know, if you don’t already, below is the reach of the additional duties on steel and aluminum.

99038001 is the new ‘primary’ HTS# for Steel products (an additional 25% duties) The HTS Range it’s applied to is:

7206.10 through 7216.50

7216.99 through 7301.10

7302.10

7302.40 through 7302.90

7304.10 through 7306.90

99038501 is the new ‘primary’ HTS# for Aluminum products (an additional 10% duties) The HTS Range it’s applied to is:

(a) unwrought aluminum (HTS 7601)

(b) aluminum bars, rods, and profiles (HTS 7604)

(d) aluminum plate, sheet, strip, and foil (flat rolled products) (HTS 7606 and 7607)

(e) aluminum tubes and pipes and tube and pipe fitting (HTS 7608 and 7609)

(f) aluminum castings and forgings (HTS 7616.99.51.60 and 7616.99.51.70)

COUNTRIES COVERED:

March 23, 2018 through April 30, 2018: All countries of origin except Canada (CA), Mexico (MX), Australia (AU), Argentina (AR), South Korea (KR), Brazil (BR) and member countries of the European Union (Austria (AT), Belgium (BE), Bulgaria (BG), Croatia (HR), Cyprus (CY), Czech Republic (CZ), Denmark (DK), Estonia (EE), Finland (FI), France (FR), Germany (DE), Greece (GR), Hungary (HU), Ireland (IE), Italy (IT), Latvia (LV), Lithuania (LT), Luxembourg (LU), Malta (MT), Netherlands (NL), Poland (PL), Portugal (PT), Romania (RO), Slovakia (SK), Slovenia (SI), Spain (ES), Sweden (SE) and the United Kingdom(GB)).

BACKGROUND:
On March 8, 2018, the President issued Proclamations 9704 and 9705 on Adjusting 
Imports of Steel and Aluminum 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 steel mill and aluminum articles, effective March 
23, 2018.  See the Federal Register, 83 FR 11619 and 83 FR 11625, March 15, 
2018.  On March 22, 2018, the President issued Proclamations on Adjusting 
Imports of Steel and Aluminum into the United States.

These duty requirements are effective with respect to goods entered, or 
withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern 
daylight time on March 23, 2018.

COMMODITY:
Steel mill and aluminum articles, as specified in the Presidential 
Proclamations. 

COUNTRIES COVERED:
March 23, 2018 through April 30, 2018:  All countries of origin except Canada, 
Mexico, Australia, Argentina, South Korea, Brazil and  member countries of the 
European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, 
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, 
Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, 
Slovakia, Slovenia, Spain, Sweden and the United Kingdom).

As of May 1, 2018:  All countries of origin. 

Please note this is based on the country of origin, not the country of export.

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Value Information Tips

When you ship or send goods to the U.S.A., the question of "valuation" may arise. What you need to know is that the issue of how to value your goods for export to the U.S.A. are part of a very complex law in our U.S. Customs Regulations (CBP).
The U.S. valuation law is very similar to the valuation law first developed and implemented by Canada Customs. The basic bottom line concept on most imports deals with the goods being valued (appraised) at the actual transaction value. That is, the price paid or payable for the merchandise. Transaction value is commonly used in arms length (unrelated) sales where a specific relationship did not impact the price paid or payable for the goods.
The term Related means within the sale of the goods, that actual family relations are involved, or that there are mutual owners in the selling company and purchasing company. CBP feels that family relationship or mutual owners in the seller and the buyer could impact the value paid or payable for the goods..
In related sales, transaction value can still be used, provided it can be proven (via a test case) that the relationship did not impact the price paid or payable for the merchandise.
Further protocol flow of the valuation law is a bit more complex and deals with terms and concepts such as "Transaction Value of Identical or Similar Merchandise", "Computed Value", "Deductive Value", and "402f" (Customs last method of appraisement) when other valuation concepts determined.
The bottom line in this law is making sure that the U.S. Government is receiving it's full amount of duty money's and fees. Undervalued importations could result in a loss of revenue to the U.S. Government to which the government could pursue full reimbursement and penalty actions.
Please remember that declaring a proper value on your shipment for U.S. Customs purposes is a matter of law.

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