[Federal Register Volume 85, Number 83 (Wednesday, April 29, 2020)]
[Proposed Rules]
[Pages 23748-23753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07791]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 /
Proposed Rules
[[Page 23748]]
DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 361
[Docket ITA-2020-200408-0103]
RIN 0625-AB18
Aluminum Import Monitoring and Analysis System
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
ACTION: Proposed rule and request for public comment.
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SUMMARY: The Department of Commerce (Commerce) is issuing, and
requesting public comments on, a proposed rule to establish an Aluminum
Import Monitoring And Analysis (AIM) system. Over the past decade,
Commerce has operated the Steel Import Monitoring and Analysis (SIMA)
system to monitor for import surges of specific steel products and to
monitor for potential transshipment and circumvention of U.S. trade
measures relating to these products. AIM, as proposed, will be similar
to the existing SIMA system. Specifically, Commerce proposes to require
import license applicants to identify the country where the aluminum
used in the manufacture of the imported aluminum product was smelted
and poured; to release this data on an aggregate basis, as appropriate;
and to apply the licensing requirement to cover all imports of basic
aluminum products, which are listed in Annex II.
DATES: To be assured of consideration, written comments must be
received on or before 5 p.m. EST on May 29, 2020.
ADDRESSES: Submit comments through the Federal eRulemaking Portal at
https://www.Regulations.gov, Docket ITA-2020-200408-0103. Comments may
also be submitted by mail or hand delivery/courier, addressed to
Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance,
Room 1870, Department of Commerce, 1401 Constitution Ave. NW
Washington, DC 20230.
Commerce will consider all comments received before the close of
the comment period. All comments responding to this notice will be a
matter of public record and will generally be available on the Federal
eRulemaking Portal at http://www.Regulations.gov. Commerce will not
accept comments accompanied by a request that part or all the material
be treated confidentially because of its business proprietary nature or
for any other reason. Therefore, do not submit confidential business
information or otherwise sensitive or protected information.
Any procedural questions should be addressed to E&C Communications
Office at (202) 482-0063 or [email protected].
FOR FURTHER INFORMATION CONTACT: Julie Al-Saadawi at (202) 482-1930 or
Brandon Custard at (202) 482-1823.
SUPPLEMENTARY INFORMATION:
Background
The SIMA System
AIM will operate in a similar manner as the SIMA system, which has
operated under its current authority since March 11, 2005.
The purpose of the SIMA system is to provide steel producers, steel
consumers, importers, and the general public with accurate and timely
information on anticipated imports of certain steel products into the
United States. Steel import licenses, issued through the online SIMA
licensing system, are required by U.S. Customs and Border Protection
(CBP) for filing entry summary documentation, or its electronic
equivalent, for imports of certain steel mill products into the United
States. Through the monitoring tool, certain import data collected from
the licenses are aggregated weekly and reported on the publicly
available SIMA system website, https://enforcement.trade.gov/steel/license/. This tool provides valuable data regarding certain steel mill
imports into the United States as early as possible and makes such data
available to the public approximately five weeks in advance of official
U.S. import statistics compiled by the U.S. Census Bureau (Census).
Section 232 Tariff on Imports of Aluminum Into the United States
On January 19, 2018, pursuant to section 232 of the Trade Expansion
Act of 1962 (the Trade Expansion Act), as amended (19 U.S.C. 1862), the
Secretary of Commerce (Secretary) transmitted to the President a report
on his investigation into the effect of imports of aluminum articles on
the national security of the United States.\1\ The Secretary found and
advised the President that aluminum articles were being imported into
the United States in such quantities and under such circumstances as to
threaten to impair the national security of the United States.\2\ In
Presidential Proclamation 9704 of March 8, 2018 (Adjusting Imports of
Aluminum Into the United States) (Proclamation 9704), the President
concurred with the Secretary's findings and decided to adjust the
imports of aluminum articles, as defined in clause 1 of Proclamation
9704, by imposing a 10 percent ad valorem tariff on such articles
imported from most countries.\3\
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\1\ See The Effect of Imports of Aluminum on the National
Security: An Investigation Conducted Under Section 232 of the Trade
Expansion Act of 1962, As Amended, U.S. Department of Commerce
Report, dated January 11, 2018 (https://www.commerce.gov/files/effect-imports-aluminum-national-security-investigation-conducted-under-section-232-trade); see also Adjusting Imports of Aluminum
Into the United States, Proclamation No. 9704, 83 FR 11619 (March
15, 2018) (Presidential Proclamation No. 9704).
\2\ Presidential Proclamation No. 9704, 83 FR at 11619.
\3\ See Adjusting Imports of Aluminum Into the United States,
Proclamation No. 9704, 84 FR 11619, 11621 (March 8, 2018)
(Presidential Proclamation No. 9704).
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Subsequently, in Presidential Proclamation 9893 of May 19, 2019
(Adjusting Imports of Aluminum Into the United States) (Proclamation
9893), the President stated that the United States successfully
concluded discussions with Canada and Mexico on satisfactory
alternative means to address the threatened impairment of the national
security posed by aluminum imports from Canada and Mexico.\4\ The
United States agreed on a range of measures with Canada and Mexico to
prevent the importation of aluminum that is unfairly subsidized or sold
at dumped prices, to prevent the transshipment of aluminum, and to
[[Page 23749]]
monitor for and avoid import surges.\5\ These measures are expected to
allow imports of aluminum from Canada and Mexico to remain stable, at
historical levels without meaningful increases, thus permitting the
domestic capacity utilization to remain reasonably commensurate with
the target level recommended in the Secretary's report.\6\
Additionally, the President noted these measures will provide
effective, long-term alternative means to address the contribution of
these countries' imports to the threatened impairment of the national
security.\7\
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\4\ Presidential Proclamation No. 9893, 84 FR at 23983.
\5\ Id.
\6\ Id.
\7\ Id.
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Furthermore, in Proclamation 9893, the President determined that,
under the framework in the agreements, imports of aluminum from Canada
and Mexico would no longer threaten to impair the national security,
and thus the President decided to exclude Canada and Mexico from the
tariff proclaimed in Proclamation 9704, as amended.\8\ Finally, the
President noted that the United States will monitor the implementation
and effectiveness of these measures in addressing our national security
needs, and that the President may revisit this determination, as
appropriate.\9\
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\8\ Id.
\9\ Id.
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Explanation of Proposed Rule
Pursuant to his authority under section 301 of the Census Act, as
amended (13 U.S.C. 301), the Secretary of Commerce proposes to
establish a system of import licensing to facilitate the monitoring of
imports of aluminum articles, including monitoring for import surges.
The Secretary of Commerce has delegated the responsibility for issuing
these regulations to the Assistant Secretary for Enforcement and
Compliance. The International Trade Administration is thus proposing a
rule, and requesting comments, to establish a web-based aluminum
licensing and import monitoring system. AIM will operate in a similar
way as the existing SIMA system and will be codified under 19 CFR 361.
Minor changes have been proposed to regulations for the SIMA system
which we propose to incorporate in AIM, if the modifications to the
SIMA system are promulgated in a final rule.\10\
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\10\ See Modification of Regulations Regarding the Steel Import
Monitoring and Analysis System, 85 FR 17515 (March 30, 2020).
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The license application of AIM will be comprised of three parts:
(1) An online registration system for aluminum importers;
(2) An automatic aluminum license issuance system; and
(3) An import monitoring website.
Importers of basic aluminum products (listed in Annex II), which
include all aluminum products currently subject to Section 232 tariff,
will be required to obtain an aluminum import license for each shipment
and must provide the license number to CBP as part of the submission of
the entry summary, or its electronic equivalent. The only exceptions
are the low-valued imports (i.e., aluminum imports valued under $5,000
per shipment described below) or informal entries as described below.
AIM will be based on automatically granted import licenses that
will be required to import covered aluminum products (including all
aluminum products currently subject to Section 232 duties). Because
Commerce grants import licenses prior to the submission of an
importation's customs entry summary data (up to 2 months before release
of Census data), this approach ensures that the aluminum import monitor
will function as an early warning system--yielding public data about 5-
6 weeks prior to import statistics released by Census. Finally, the
proposed aluminum import monitoring system would enable Commerce to
gather and publish data on where aluminum was ``smelted and poured,''
in keeping with changes that have been proposed to regulations for the
SIMA system. See 19 CFR part 360 to understand how the current SIMA
system is currently operated. Because the SIMA system has worked well,
Commerce proposes to have AIM be similar for imports on certain
aluminum products. Parties are encouraged to comment on any part of the
proposed regulations. Commerce proposes to codify the Aluminum
Regulations in 19 CFR part 361.
Aluminum Import Licensing System
Similar to the steel licensing system, the aluminum import
licensing system will include both an online registration system for
importers and an automatic aluminum import license issuance system. In
order to obtain an aluminum import license, an importer or the
importer's agent or customs broker, must first register with Commerce
and be assigned a username. This username will be required to log on to
the aluminum import license issuance system. Although a primary
username will be issued to an importing company or brokerage house, all
operating units within the company (e.g., individual branches,
divisions or employees) may have separate usernames associated with
different email addresses that will be associated with the parent
company. The aluminum import license issuance system will be designed
to allow multiple users of a single identification number from
different locations within the company to enter information
simultaneously.
Any company or broker with a United States address may register and
obtain a username. There is no fee to register and a username will be
issued immediately if all registration fields are filled out. As part
of the registration process, the importer, agent or customs broker will
be required to provide certain general information. Such information
will include the applicant company name, Employer Identification Number
(EIN) or the CBP-issued importer number (where no EIN is available),
address, phone number, contact information and email address for both
the company headquarters and any branch offices that will be applying
for aluminum licenses. This information will be used solely for the
purposes of administering the aluminum import licensing and monitoring
programs. The information will not be released by Commerce, except as
required by U.S. law. Commerce will begin registering and issuing user
login names at least two weeks prior to the implementation date of the
aluminum licensing program. The username will be needed to apply for
the license.
Aluminum import licenses will be issued to registered importers,
customs brokers or their agents through an automatic aluminum import
licensing system. The separately issued username discussed above will
be required for company registration in the system. There will be no
fee charged to apply for the import licenses.
Similar to steel imports, aluminum import licenses will be issued
automatically after the completion of the application form. In order to
obtain the license, the applicant must report the following information
about the aluminum import transaction:
i. Filer company name and address;
ii. Filer contact name, phone number, fax number and email address;
iii. Entry type (i.e., Consumption, Foreign Trade Zone);
iv. Importer name;
v. Exporter name;
vi. Manufacturer name (filer may state ``unknown'');
vii. Country of origin;
viii. Country of exportation;
ix. Expected date of export;
x. Expected date of import;
xi. Expected port of entry;
xii. Current HTS number (from Chapters 76);
xiii. Country where aluminum was smelted and poured;
[[Page 23750]]
xiv. Quantity (in kilograms) and
xv. Customs value (U.S. $).
Fields #1 and #2 above (e.g., applicant company name and address
and the applicant's contact information) will be generated
automatically in the license form from the company registration
information. Other information will be available from drop down lists
in the application form (e.g., Aluminum HTS numbers, country of origin/
smelt, port of entry) and will not have to be typed. A sample copy of
the proposed aluminum import license will be available for viewing on
Enforcement and Compliance's website (https://trade.gov/aluminum/).
Upon completion of the application form, the importer, customs
broker or the importer's agent will certify the form as to the accuracy
and completeness of the information and submit the form electronically.
After refreshing the page, the system will automatically issue an
aluminum import license number. The refreshed form containing the
submitted information and the newly issued license number will appear
on the screen (the ``license form''). Applicants can print the license
form themselves. If needed, copies of completed license forms can be
retrieved by the user or requested from Commerce during normal business
hours.
The aluminum import license will be required on every entry of
covered aluminum product (except informal entries covered below). Like
SIMA, a single license can cover multiple products as long as the
information at the top of the form (i.e., importer, exporter,
manufacturer, and country of origin and exportation, and the expected
dates of exportation and expected date of importation) are the same for
the shipment. However, separate licenses will be required if any of the
information above differs with respect to a given set of covered
imported aluminum products. As a result, a single CBP entry may require
more than one aluminum import license. The applicable license number(s)
must cover the total quantity of aluminum entered and should match the
information provided on the CBP entry summary. There is no requirement
to present physical copies of the license forms at the time of entry
summary; however, copies must be maintained in accordance with CBP's
normal requirements. Licenses will be issued for single use and will be
specific to a shipment.
Certain aggregate information collected from the license
application system will be posted on the aluminum import surge
monitoring website. Subject to comments received, only the aggregate
information described below will be available to the public. All other
information including copies of the licenses and the names of
importers, exporters, and manufacturers, will be considered business
proprietary information and will not be released to the public.
Aluminum Import Monitoring System
Commerce will create a standalone aluminum import monitoring
website. This website will report certain aggregate information on
aluminum imports categories obtained from the aluminum licenses.
Aggregate information will be reported on a monthly basis by country of
origin, country of smelt and pour, and aluminum product category and
will include import quantity (metric tons), import Customs value (U.S.
dollars) and average unit value (dollars per metric ton). However,
Commerce will not report information if it would reveal business
proprietary information. Reported monthly import data will be refreshed
each week with new data on licenses issued in the prior week. This data
collected may be adjusted periodically for corrected, canceled or
unused aluminum import licenses, if deemed appropriate for accurate
monitoring purposes. Information provided in the public import monitor
will mirror that available for steel.
The monitoring system will also present a range of historical data
for comparison purposes. This will include comparisons to the previous
month and to the same month in the previous year; three month rolling
averages along with similar comparisons to the immediately preceding
period, the same period from the preceding year; and monthly import
data on each aluminum product category. The public import monitoring
system for aluminum articles will be similar to the monitoring system
for SIMA. Commerce welcomes comments regarding the format of the
monitoring system for AIM, and will incorporate any changes that are
feasible.
Duration of the Aluminum Import License
The aluminum import license can be applied for up to 60 days prior
to the expected date of importation and until the date of filing of the
entry summary documents, or its electronic equivalent. The aluminum
import license is valid for up to 75 days; however, import licenses
that were valid on the date of importation but expired prior to the
filing of entry summary data will be accepted. Special timing issues
surrounding withdrawal of products from a warehouse, foreign trade zone
issues, and temporary imports will be handled separately, as explained
below.
Handling of Aluminum to Foreign Trade Zones (FTZs)
Commerce proposes to require a license for aluminum shipped into a
U.S. FTZ. Because a CBP entry number would not be available for
shipments entering the FTZ, the license required for entry into the
zone will not require the CBP entry number. As with steel, a separate
license will not be required upon withdrawal from the FTZ.
Informal Entries and Low-Value Aluminum Entries
No import license shall be required on informal entries of aluminum
products, such as merchandise valued at less than $2,500. For
additional information about informal entries, refer to 19 CFR
360.101(d) of the proposed regulatory text. For shipments containing
less than $5,000 worth of aluminum, applicants can apply for a reusable
Low-Value License; refer to 19 CFR 360.103(f) of the proposed
regulatory text.
Interim Monitoring
The aluminum import monitor will provide information on U.S.
imports of aluminum from all countries by broad product types in both
value and volume measures. Once the license collection begins,
additional data will be added to the aluminum monitor. The aluminum
import monitor will be similar to the monitor available for steel
imports. However, it will not encompass the preliminary Census data,
which is incorporated into the steel monitor. Over the last 10 years,
there have been advancements to Census's regular data release schedule
for its public monthly trade statistics. Commerce believes that the
early release preliminary data from Census is not critical to the early
warning monitor because the aluminum import license data will be
available. However, the Department intends to keep using preliminary
Census data for purposes of steel monitoring.
Classifications
Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
proposed rule is significant for purposes of Executive Order 12866.
Executive Order 13771
This proposed rule is not expected to be subject to the
requirements of Executive Order 13771 because this proposed rule is
expected to result in no more than de minimis costs.
[[Page 23751]]
Paperwork Reduction Act
This proposed rule contains the collection of information subject
to the Paperwork Reduction Act, 44 U.S.C. Chapter 35 (PRA). Similar
requirements have been approved for steel by OMB (OMB No.: 0625-0245;
Expiration Date: 01/31/2021). Based on Commerce's experience with
similar burdens for steel and sample data for aluminum entries,
Commerce estimates that public reporting for this collection of
information will be less than 10 minutes per response, including the
time for reviewing instructions, and completing and reviewing the
collection of information. Commerce also estimates that the average
registered user will complete 173 licenses per year.
Paperwork Reduction Act Data:
OMB Number: 0625-.
ITA Number:
Type of Review: Regular Submission.
Affected Public: Business or other for-profit.
Estimated Number of Registered Users: 1,750.
Estimated Time per Response: less than 10 minutes.
Estimated Total Annual Burden Hours: 46,428 hours.
Estimated Total Annual Costs: $0.00.
Notwithstanding any other provision of law, no person is required to
respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number.
Request for Comments: Comments are invited on (a) Whether the
proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information shall have practical utility; (b) the accuracy of the
agency's estimate of the burden (including hours and costs) of the
proposed collection information; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or forms
of information technology.
All comments on the information collection will be summarized and/
or included in the request for OMB approval of this information
collection; they also will become a matter of public record. Send
comments regarding the burden estimate or any other aspect of this
collection of information, including suggestions for reducing this
burden, as directed under ADDRESSES and DATES as well as to OIRA at
[email protected], or fax to 202-395-7285.
Executive Order 13132
This proposed rule does not contain policies with federalism
implications as that term is defined in section 1(a) of Executive Order
13132, dated August 4, 1999 (64 FR 43255 (August 10, 1999)).
Regulatory Flexibility Act
The Chief Counsel for Regulation has certified to the Chief Counsel
for Advocacy of the Small Business Administration under the provisions
of the Regulatory Flexibility Act, 5 U.S.C. 605(b), that the proposed
rule if adopted, would not have a significant economic impact on a
substantial number of small entities as that term is defined in the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA). A summary of
the factual basis for this certification is below.
This proposed rule will not have a significant economic impact on a
substantial number of companies. This rule, if implemented, would: (1)
Require import license applicants to specify certain information
including the country where aluminum used in the manufacture of the
imported aluminum product was smelted and poured; and (2) cover the
following HTS codes: 7601, 7604, 7605, 7606, 7607, 7608, 7609,
7616.99.51.60, and 7616.99.51.70. The entities that would be impacted
by this rule are importers and brokerage companies that import aluminum
products. Based on statistics derived from current license applications
for steel, of the approximately 557,143 licenses issued each year,
Commerce estimates that less than two percent of the license
applications would be filed by importers and brokerage companies
considered to be small entities. AIM would cover about half of the
number of SIMA's licenses based on statistics for one month's entry
information.
Based on the current usage of the SIMA system, Commerce does not
anticipate that this proposed rule will have a significant economic
impact. AIM would be similar to the SIMA system. In most cases,
brokerage companies will apply for the license on behalf of the
aluminum importers. Many of the same brokerage firms that handle steel
imports will likely handle aluminum imports. Most brokerage companies
that are currently involved in filing documentation for importing goods
into the United States are accustomed to CBP's automated entry filing
systems. Today, CBP's filings are handled electronically. Therefore,
the proposed license application should not be a significant obstacle
to any firm. Should an importer or brokerage company need to register
for an account or apply for a license non-electronically, a fax/phone
option is available at Commerce during regular business hours. There
will be no cost to register for a company-specific aluminum license
account and no cost to file for the license. Each license form is
expected to take less than 10 minutes to complete and collects much of
the same information required for CBP entry summary. The import license
is the only additional U.S. entry requirement that the importers or
their representatives must fulfill in order to import each covered
product shipment.
Commerce does not charge fees for licenses. Similar to the
estimates used for the steel license program, Commerce estimates that
the likely aggregate license costs incurred by small entities in terms
of the time to apply for licenses as a result of this proposed rule
would be less than two percent, or an estimated $18,571, of the
estimated total $928,560 cost to all aluminum importers to process the
on-line automatic licenses. These calculations are based on an hourly
pay rate of $20.00 multiplied by the estimated 46,428 total annual
burden hours. The vast majority of licenses are for large companies.
The average cost of a single license is less than $4.17 based on the
estimate that one license requires less than 10 minutes of the filer's
time.
This proposed rule contains collection-of-information requirements
subject to review and approval by OMB under the PRA.
Public reporting for this collection of information is estimated to
be less than 10 minutes per response, including the time for reviewing
instructions, and completing and reviewing the collection of
information.
Therefore, the proposed rule would not have a significant economic
impact on a substantial number of small business entities. For this
reason, an Initial Regulatory Flexibility Analysis is not required and
one has not been prepared.
List of Subjects in 19 CFR Part 361
Administrative Practice and Procedure, Business and Industry,
Imports, Reporting and Recordkeeping Requirements, Aluminum.
Dated: April 8, 2020.
Jeffrey I. Kessler
Assistant Secretary for Enforcement and Compliance.
0
For the reasons stated in the preamble, the Department of Commerce
proposes to add 19 CFR part 361 as follows:
[[Page 23752]]
19 CFR PART 361--ALUMINUM IMPORT MONITORING AND ANALYSIS SYSTEM
Sec.
361.101 Aluminum import licensing.
361.102 Online registration.
361.103 Automatic issuance of import licenses.
361.104 Aluminum import monitoring.
361.105 Duration of the aluminum import licensing requirement.
361.106 Fees.
361.107 Hours of operation.
361.108 Loss of electronic licensing privileges.
Sec. 361.101 Aluminum import licensing.
(a) In general. (1) All imports of basic aluminum products are
subject to the import licensing requirements. These products are listed
in Annex II. Registered users will be able to obtain aluminum import
licenses on the Aluminum Import Monitoring and Analysis (AIM) website.
This website contains two sections related to import licensing--the
online registration system and the automatic aluminum import license
issuance system. Information gathered from these licenses will be
aggregated and posted on the import monitoring section of the AIM
system website.
(2) A single license may cover multiple products as long as certain
information on the license (e.g., importer, exporter, manufacturer and
country of origin) remains the same. However, separate licenses for
aluminum entered under a single entry will be required if the
information differs. As a result, a single Customs entry may require
more than one aluminum import license. The applicable license(s) must
cover the total quantity of aluminum entered and should cover the same
information provided on the Customs entry summary.
(b) Entries for consumption. All entries for consumption of covered
aluminum products, other than the exception for ``informal entries''
listed in paragraph (d) of this section and the exception for shipments
from Foreign Trade Zones into the commerce of the United States listed
in paragraph (c) of this section, will require an import license prior
to the filing of Customs entry summary documents, or its electronic
equivalent. The license number(s) must be reported on the entry summary
(Customs Form 7501), or its electronic equivalent, at the time of
filing. There is no requirement to present physical copies of the
license forms at the time of entry summary. However, copies must be
maintained in accordance with Customs' normal requirements. Entry
summaries submitted without the required license number(s) will be
considered incomplete and will be subject to liquidated damages for
violation of the bond condition requiring timely completion of entry.
(c) Foreign Trade Zone entries. All shipments of covered aluminum
products into a foreign trade zones (FTZ), known as FTZ admissions,
will require an import license prior to the filing of FTZ admission
documents, or its electronic equivalents. The license number(s) must be
reported on the application for FTZ admission and/or status designation
(Customs Form 214) at the time of filing. There is no requirement to
present physical copies of the license forms at the time of FTZ
admission; however, copies must be maintained in accordance with
Customs' normal requirements. FTZ admission documents submitted without
the required license number(s) will not be considered complete and will
be subject to liquidated damages for violation of the bond condition
requiring timely completion of admission. A further aluminum license
will not be required for shipments from zones into the commerce of the
United States.
(d) Informal entries. No import license shall be required on
informal entries of covered aluminum products, such as merchandise
valued at less than $2,500. This exemption applies to informal entries
only; imports of aluminum valued at less than $2,500 that are part of a
formal entry will require a license. For additional information, refer
to 19 CFR 143.21 through 143.28.
(e) Other non-consumption entries. Import licenses are not required
on temporary importation bond (TIB) entries, transportation and
exportation (T&E) entries or entries into a bonded warehouse. Covered
aluminum products withdrawn for consumption from a bonded warehouse
will require a license at the entry summary, consistent with the
requirements for ``Entries for Consumption'' identified in paragraph
(b) of this section, above.
Sec. 361.102 Online registration.
(a) In general. (1) Any importer, importing company, customs broker
or importer's agent with a U.S. street address may register and obtain
the user identification number necessary to log on to the automatic
aluminum import license issuance system. Foreign companies may obtain a
user identification number if they have a U.S. address through which
they may be reached; P.O. boxes will not be accepted. A user
identification number will be issued within two business days.
Companies will be able to register online through the AIM website.
However, should a company prefer to apply for a user identification
number non-electronically, a phone/fax option will be available at
Commerce during regular business hours.
(2) This user identification number will be required in order to
log on to the aluminum import license issuance system. A single user
identification number will be issued to an importer, customs broker or
importer's agent. Operating units within the company (e.g., individual
branches, divisions or employees) will all use the same basic company
user identification code but can supply suffixes to identify the
branches. The aluminum import license issuance system will be designed
to allow multiple users of a single identification number from
different locations within the company to enter information
simultaneously.
(b) Information required to obtain a user identification number. In
order to obtain a user identification number, the importer, importing
company, customs broker or importer's agent will be required to provide
general information. This information will include: The filer company
name, employer identification number (EIN) or Customs ID number (the
Customs-issued importer number (where no EIN is available), U.S. street
address, phone number, contact information and email address for both
the company headquarters and any branch offices that will be applying
for aluminum licenses. It is the responsibility of the applicant to
keep the information up-to-date. This information will not be released
by Commerce, except as required by U.S. law.
Sec. 361.103 Automatic issuance of import licenses.
(a) In general. Aluminum import licenses will be issued to
registered importers, customs brokers or their agents through an
automatic aluminum import licensing system. The licenses will be issued
automatically after the completion of the form.
(b) Customs entry number. Filers are not required to report a
Customs entry number to obtain an import license but are encouraged to
do so if the Customs entry number is known at the time of filing for
the license.
(c) Information required to obtain an import license. (1) The
following information is required to be reported in order to obtain an
import license (if using the automatic licensing system, some of this
information will be provided automatically from
[[Page 23753]]
information submitted as part of the registration process):
(i) Filer company name and address;
(ii) Filer contact name, phone number, fax number and email
address;
(iii) Entry type (i.e., Consumption, FTZ);
(iv) Importer name;
(v) Exporter name;
(vi) Manufacturer name (filer may state ``unknown'');
(vii) Country of origin;
(viii) Country of exportation;
(ix) Expected date of export;
(x) Expected date of import;
(xi) Expected port of entry;
(xii) Current HTS number (from Chapter 76);
(xiii) Country where aluminum was smelted and poured;
(xiv) Quantity (in kilograms) and
(xv) Customs value (U.S. $).
(2) Certain fields will be automatically filled out by the
automatic license system based on information submitted by the filer
(e.g., product category, unit value). Filers should review these fields
to help confirm the accuracy of the submitted data.
(3) Upon completion of the form, the importer, customs broker or
the importer's agent will certify as to the accuracy and completeness
of the information and submit the form electronically. After refreshing
the page, the system will automatically issue an aluminum import
license number. The refreshed form containing the submitted information
and the newly issued license number will appear on the screen (the
``license form''). Filers can print the license form themselves only at
that time. For security purposes, users will not be able to retrieve
licenses themselves from the license system at a later date for
reprinting. If needed, copies of completed license forms can be
requested from Commerce during normal business hours.
(d) Duration of the aluminum import license. The aluminum import
license can be applied for up to 60 days prior to the expected date of
importation and until the date of filing of the entry summary
documents, or in the case of FTZ admissions, the filing of Customs form
214, or their electronic equivalents. The aluminum import license is
valid for 75 days; however, import licenses that were valid on the date
of importation but expired prior to the filing of entry summary data
will be accepted.
(e) Correcting submitted license information. Users will need to
correct licenses themselves if they determine that there was an error
submitted. To access a previously issued license, a user must log on
with his user identification code and identify the license number and
the quantity (in kilograms) for the first product shown on the license.
The information on the license should match the information presented
in the entry summary data as closely as possible. This includes the
value and quantity of the shipment, the expected date of importation,
and the customs port of entry.
(f) Low-value licenses. There is one exception to the requirement
for obtaining a unique license for each Customs entry. If the total
value of the covered aluminum portion of an entry is less than $5000,
applicants may apply to Commerce for a low-value license that can be
used in lieu of a single-entry license for low-value entries.
Sec. 361.104 Aluminum import monitoring.
(a) Throughout the duration of the licensing requirement, Commerce
will maintain an import monitoring system on the AIM website that will
report certain aggregate information on imports of aluminum products
obtained from the aluminum licenses, as described in paragraphs (b) and
(c) of this section, provided that it does not reveal business
proprietary information.
(b) Aggregate data will be reported on a monthly basis by country
of origin, country of smelt and pour, and aluminum product category and
will include import quantity (metric tons), import customs value (U.S.
$), and average unit value ($/metric ton). The website will also
contain certain aggregate data at the 6-digit Harmonized Tariff
Schedule level and will also present a range of historical data for
comparison purposes.
(c) Reported monthly import data will be refreshed each week with
new data on licenses issued during the previous week. This data will
also be adjusted periodically for cancelled or unused aluminum import
licenses, as appropriate.
Sec. 361.105 Duration of the aluminum import licensing requirement.
The licensing program will be in effect indefinitely. The licenses
will be valid for 10 business days after the expiration of this program
to allow for the final filing of required Customs documentation.
Sec. 361.106 Fees.
No fees will be charged for obtaining a user identification number,
issuing an aluminum import license or accessing the aluminum import
monitoring system.
Sec. 361.107 Hours of operation.
The automatic licensing system will generally be accessible 24
hours a day, 7 days a week but may be unavailable at selected times for
server maintenance. If the system is unavailable for an extended period
of time, parties will be able to obtain licenses from Commerce directly
via fax during regular business hours. Should the system be
inaccessible for an extended period of time, Commerce would advise
Customs to consider this as part of mitigation on any liquidated damage
claims that may be issued.
Sec. 361.108 Loss of electronic licensing privileges.
Should Commerce determine that a filer consistently files
inaccurate licensing information or otherwise abuses the licensing
system, Commerce may revoke its electronic licensing privileges without
prior notice. The filer will then only be able to obtain a license
directly from Commerce. Because of the additional time needed to review
such forms, Commerce may require up to 10 working days to process such
forms. Delays in filing caused by the removal of a filer's electronic
filing privilege will not be considered a mitigating factor by the U.S.
Customs Service.
[FR Doc. 2020-07791 Filed 4-28-20; 8:45 am]
BILLING CODE 3510-DS-P