Starting Friday, March 10, 2023, U.S Customs and Border Protection (CBP) will require new Chapter 99 HSTUS codes for aluminum and aluminum derivative products from Russia. Further, beginning April 10, 2023, CBP will require new Chapter 99 HTSUS codes for aluminum products that are primarily cast or smelted in Russia.

Certain aluminum products have been subject to additional duties since March 2018 when, pursuant to Section 232 of the Trade Expansion Act of 1962, President Trump ordered additional duties on aluminum goods imported into the U.S. In January 2020, the additional duties were expanded to aluminum derivative goods. 

Last month, President Biden issued Proclamation 10522 announcing that aluminum and aluminum derivative products from Russia will be subject to 200 percent ad valorem duty rate when entered for consumption or withdrawn from warehouse for consumption on or after 12:01 a.m. EST on March 10, 2023. Beginning at this time, importers must classify aluminum products of Russia as:

9903.85.67: “Aluminum articles that are the product of Russia, the foregoing under the terms of note 19(a)(vii)(A) to this subchapter and provided for in the tariff headings or subheadings enumerated in note 19(b) to this subchapter, except any exclusions that may be determined and announced by the Department of Commerce.”

Aluminum derivative products from Russia shall be classified as:

9903.85.68: “Derivative aluminum articles that are products of Russia, when such derivative articles are provided for in the headings or subheadings enumerated in note 19(a)(iii) to this chapter, except any exclusions that may be determined and announced by the Department of Commerce.” 

Beginning April 10, 2023, imports where any amount of primary aluminum of the good is smelted or cast in Russia is subject to the 200 percent ad valorem duty rate when entered for consumption or withdrawn from warehouse for consumption on or after 12:01 a.m. EST on April 10, 2023. Products subject to these additional duties must be entered as either:

9903.85.67: “ Aluminum articles that are the product of Russia, or where any amount of primary aluminum used in the manufacture of the aluminum articles is smelted in Russia, or where the aluminum articles are cast in Russia, the foregoing under the terms of note 19(a)(vii)(A) to this subchapter and provided for in the tariff headings or subheadings enumerated in note 19(b) to this subchapter, except any exclusions that may be determined and announced by the Department of Commerce”  

or  

9903.85.68: “Derivative aluminum articles that are products of Russia, or where any amount of primary aluminum used in the manufacture of the aluminum articles is smelted in Russia, or where the aluminum articles are cast in Russia, when such derivative articles are provided for in the headings or subheadings enumerated in note 19(a)(iii) to this chapter, except any exclusions that may be determined and announced by the Department of Commerce”. 

Click here for the complete guidance issued by CBP. 

If you have any questions or concerns regarding the above information, please contact James A. Amyx jamyx@lwhansonassociates.com; Matthew S. Cummins mcummins@lwhansonassociates.com; or Lawrence W. Hanson lwhanson@lwhansonassociates.com.