THOMPSON COBURN TRADE ALERT – IMPORTS
HEADLINE	Implementation of Duties on Steel and Aluminum Products Pursuant to Proclamations 10895 and 10896
DATE	March 3 2025
AGENCY	Department of Commerce, Bureau of Industry and Security (BIS)
EFFECTIVE DATES	March 12 2025 – All covered products except for derivative steel articles classified outside of Chapters 72 or 73 of the Harmonized Tariff Schedule of the United States (HTSUS) and derivative aluminum articles classified outside of HTSUS Chapter 76 (with the exception of items classified in HTSUS subheading 8708.10.30 and 8708.29.21). To Be Determined — Derivative steel or aluminum articles other than those described above.
BACKGROUND	On February 10, 2025, the President issued Proclamations adjusting imports of aluminum (Proclamation 10895 of February 10, 2025) (90 FR 9807) and steel (Proclamation 10896 of February 10, 2025) (90 FR 9817) into the United States. The Department of Commerce, in consultation with other agencies, was tasked with revising the HTSUS so that it conforms to the amendments and effective dates.
DETAILS	The Department of Commerce published Notices for public inspection implementing the revised tariffs on aluminum and steel articles. The Notices, which are scheduled to be published March 5, adhere to the Executive Orders by indicating that the tariffs on certain derivative aluminum or steel articles will be delayed until a later notification by the Secretary of Commerce.   Aluminum: The aluminum notice adds new tariff subheadings and subdivisions to U.S. note 19 to subchapter III of chapter 99 of the HTSUS. Such provisions will apply to goods entered after 12:01 am Eastern on March 12, 2025, except for those in subdivision (k) that contain derivative iron or steel products classified outside of Chapter 76, which will be announced by the Department of Commerce at a later date.   Steel: The steel notice adds new tariff subheadings and subdivisions to U.S. note 16 to subchapter III of chapter 99 of the HTSUS. Such provisions will apply to goods entered after 12:01 am Eastern on March 12, 2025, except for those in subdivision (n) that contain derivative iron or steel products classified outside of Chapter 73, which will be announced by the Department of Commerce at a later date. Derivative steel articles that were in a Foreign Trade Zone (FTZ) in privileged foreign status prior to March 12, 2025, will also be subject to the tariffs.   Other items of note are contained in the notices: • The quantity of the steel and aluminum content is to be reported in kg, and the duty imposed on certain derivative steel or aluminum articles as listed in the applicable subheading shall only apply to the declared value of the respective metal content. • Derivative articles will be eligible for applicable provisions of chapter 98, except “that duties under subheading 9802.00.60 shall be assessed based upon the full value of the imported article.” While this is less than clear in the Notice, we believe this provision applies to the calculation of the ordinary duties, rather than the 232 tariffs. Such a conclusion would appear to fit with the statement that the tariffs do not apply to derivative steel or aluminum articles produced from steel that was melted and poured, or aluminum that was smelted or cast, in the United States.   For the full Annex of each notice and the subheadings contained in each new subdivision, please click the links below. Like other recent trade actions, these tariffs should be monitored for unanticipated changes in policy.
BASIS	Section 232 of the Trade Expansion Act
HTS/PRODUCTS	Aluminum: • 9903.85.02 (headings 7601, 7604, 7605, 7607, 7607, 7608, 7609, 7616.99.51) • 9903.85.04 (derivative articles – wire, cable, bumper stampings) • 9903.85.07 (derivative articles – i.e. aluminum structures, kitchenware/household articles, other articles of aluminum) • 9903.85.08 (delayed effective date) (derivative articles – base metal mountings, air conditioners, instruments, etc.) • 9903.85.09 (derivative articles processed from aluminum articles that were smelted and cast in the United States) Steel: • 9903.81.87 (headings 7208 – 7215, 7225 – 7228, 7304 – 7306, 7206 7207, and more) • 9903.81.89 (derivative articles – nails, bumper stampings) • 9903.81.90 (derivative articles – i.e. tubes/pipes, stoves, kitchenware/household articles, other articles of steel) • 9903.81.91 (delayed effective date) (derivative articles – base metal mountings, furniture, signs, etc.) • 9903.81.92 (derivative articles processed from steel articles that were melted and poured in the United States) • 9903.81.93 (certain derivative articles admitted to a U.S. FTZ under “privileged foreign status” prior to March 12, 2025)
COUNTRY	All
CITE	Federal Register :: Implementation of Duties on Steel Pursuant to Proclamation 10896 Adjusting Imports of Steel Into the United States Federal Register :: Implementation of Duties on Aluminum Pursuant to Proclamation 10895 Adjusting Imports of Aluminum Into the United States CSMS # 64384423 – UPDATED GUIDANCE: Import Duties on Imports of Steel and Steel Derivative Products  CSMS # 64348288 – GUIDANCE: Import Duties on Imports of Aluminum and Aluminum Derivative Products

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