CBP guidance regarding tariff-rate quota for imports of steel and aluminum from EU, exemption for derivative articles

U.S. Customs and Border Protection (CBP) today issued a release as guidance regarding two presidential proclamations regarding imports of steel and aluminum from the European Union into the United States.

The two presidential proclamations (released today for publication in the Federal Register and released by the White House on December 27, 2021)—A Proclamation on Adjusting Imports of Steel into the United States and A Proclamation on Adjusting Imports of Aluminum into the United States—establish a tariff-rate quota for imports of steel and aluminum articles from the EU Member States and address the exemption of certain steel and aluminum derivative articles from Section 232 customs duties. These measures are effective January 1, 2022.

Today’s CBP release CSMS #50536327 (December 30, 2021) states that the functionality for the acceptance of imports of steel and aluminum articles from EU Member States subject to the tariff-rate quota will be available in the Automated Commercial Environment (ACE) as of 7:00 am eastern standard time, January 1, 2022.

The CBP release also includes the following guidance:

• All steel and aluminum articles imported from the EU in excess of the applicable tariff-rate quota quantities will remain subject to the 25% ad valorem customs duty rate for steel (if not subject to an exclusion) and the 10% ad valorem customs duty rate for aluminum (if not subject to an exclusion). 
• Steel imports from the EU must be melted and poured in an EU Member State in order to be eligible for the tariff-rate quota.  Additional details on the melt and pour requirement will be provided when they are available.
• All imports of steel and aluminum articles from the EU must be accompanied by a certificate of analysis in order to be eligible for the tariff-rate quota. 
• Regarding derivative articles, beginning January 1, 2022, imports of steel and aluminum derivatives from the EU will no longer be subject to additional duties.
• Regarding foreign trade zones, importers are directed to contact the Trade Remedy Branch for and steel and aluminum articles from EU Member States that were admitted into a U.S. foreign trade zone under privileged foreign status before January 1, 2022.

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