[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5775-5776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01464]



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DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 361

[Docket No. 230113-0008]
RIN 0625-XC049


Request for Information on Aluminum Import Monitoring and 
Analysis System

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

ACTION: Notification of Request for Information (RFI).

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SUMMARY: On May 5, 2021, the U.S. Department of Commerce (Commerce) 
announced that it would be lifting the stay of the final rule entitled 
``Aluminum Import Monitoring and Analysis System'', effective June 28, 
2021. In this document, as well as in the final rule, Commerce stated 
that because the Aluminum Import Monitoring and Analysis (AIM) system 
was a new program, Commerce would seek additional comment from the 
public on potential improvements or changes to the system in a 
subsequent document after the AIM system was in place. Now that the AIM 
system is in place, Commerce is issuing this RFI to provide parties 
with the opportunity to provide further comments on the system.

DATES: Interested persons and organizations are invited to submit 
comments on or before March 1, 2023.

ADDRESSES: To respond to this RFI, please submit electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov and enter ITA-2023-0001 in the search 
field;
    2. Click the ``Comment Now!'' icon, complete the required fields; 
and
    3. Enter or attach your comments.
    Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered. All comments responding to this document will be a matter 
of public record and will generally be available on the Federal e-
Rulemaking 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.

FOR FURTHER INFORMATION CONTACT: Julie Al-Saadawi at (202) 482-1930 or 
Shelby Anderson at (202) 482-1411.

SUPPLEMENTARY INFORMATION:

Background on Establishment of AIM System

    Under the Aluminum Import Monitoring and Analysis (AIM) system, 
Commerce maintains an aluminum import licensing program and a public 
AIM monitor, available through the AIM system website. Additionally, 
importers, custom brokers, or their agents are required to apply for 
and obtain an import license for each entry of covered aluminum 
products through the AIM system website. To obtain an import license, 
each applicant must identify, among other requirements, the country or 
countries where the largest and second largest volume of primary 
aluminum used in the manufacture of the imported aluminum product was 
smelted and the country where the aluminum product was most recently 
cast.
    On December 23, 2020, Commerce published the final rule adopting 
regulations establishing the AIM system in 19 CFR part 361 (85 FR 
83804; December 23, 2020). The original effective date for the final 
rule and part 361 was January 25, 2021, requiring license numbers to be 
reported to U.S. Customs and Border Protection (CBP) on entry summary 
documentation, or electronic equivalent, for covered aluminum products 
on or after this date. On January 4, 2021, Commerce launched the AIM 
system website and allowed for importers, customs brokers and their 
agents to begin applying for and obtaining their import licenses.
    However, on January 27, 2021, Commerce published a notification 
that it was delaying the effective date of the final rule and part 361 
until March 29, 2021 (86 FR 7237). In that notification, Commerce also 
opened a 30-day comment period to solicit public comment on all aspects 
of the final rule, the AIM system, and part 361. The comment period 
closed on February 26, 2021. On April 1, 2021, Commerce published an 
additional notification stating it was delaying compliance with most 
aspects of the final rule and part 361 by an additional 90 days, by 
staying part 361 (86 FR 17058). In that notification, Commerce 
explained that the delay would allow Commerce time to finalize the 
license application system and to provide both the public and CBP with 
sufficient advance notice of the new compliance date. Commerce also 
explained that the delay would allow Commerce to consider and respond, 
as appropriate, to the comments received during the January 27, 2021, 
to February 26, 2021, comment period.
    On May 5, 2021, Commerce published another notification, announcing 
that it would be lifting the stay of the final rule on June 28, 2021, 
and addressing the comments that it received during the most recent 
comment period (86 FR 27513). Accordingly, as of June 28, 2021, 
Commerce required compliance with most aspects of the final rule and 
part 361. Additionally, consistent with the final rule and the May 5, 
2021 notification, Commerce seeks comments from the public on potential 
improvements or changes to the AIM system in a subsequent document 
after the AIM system is in place.

Licensing Requirements

    Consistent with the May 5, 2021 notification, Commerce began 
requiring importers to submit aluminum import license numbers to CBP 
for all entries of covered aluminum products on June 28, 2021.\1\ Any 
importer, importing company, customs broker or importer's agent with a 
U.S. street address (as required for account creation) can register and 
gain access to the automatic aluminum import license issuance system. 
Once all necessary license information has been provided, licenses are 
issued automatically and instantaneously.
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    \1\ Covered products are identified by HTS code on the AIM 
website at https://www.trade.gov/aluminum-products-hts-codes.
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    Most of the information required for license applications is 
separately required by CBP as part of the Form 7501, Customs Entry 
Summary. For certain fields, unique supply chain information was also 
required for the first time under the AIM system. Specifically, as 
described in the final rule and as stated in 19 CFR 
361.103(c)(1)(xiii), (xiv), and (xv), among other requirements, 
Commerce requires the applicant to provide the following information: 
(1) the country where the largest volume of primary aluminum used in 
the manufacture of the imported aluminum product was smelted (referred 
to as ``country of smelt for the largest volume of primary aluminum'' 
or ``country of smelt'' as shorthand); (2) the country where the second 
largest volume of primary aluminum used in the manufacture of the 
imported aluminum product was smelted (referred to as ``country of 
smelt for the second largest volume of primary aluminum'' or ``second 
country of smelt'' as shorthand); and (3) the country where the 
aluminum used in the imported aluminum product was

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most recently cast (referred to as ``country of most recent cast'' for 
shorthand). These fields are further described under 19 CFR 
361.103(c)(3).
    Section 361.103(c)(3)(i)(A) defines the field for the country of 
smelt for the largest volume of primary aluminum as the country where 
the largest volume of new aluminum metal is produced from alumina (or 
aluminum oxide) by the electrolytic Hall-H[eacute]roult process. 
Recognizing that importers may have some initial difficulties in 
securing this information, 19 CFR 361.103(c)(3)(i)(C) allowed filers to 
state ``unknown'' for this field on the license application on a 
temporary basis through June 28, 2022. Similar to the country of smelt 
for the largest volume of primary aluminum field, 19 CFR 
361.103(c)(3)(ii)(A) defines the field for the country of smelt for the 
second largest volume of primary aluminum as the country where the 
second largest volume of new aluminum metal is produced from alumina 
(or aluminum oxide) by the electrolytic Hall-H[eacute]roult process. 
Section 361.103(c)(3)(ii)(C) also allowed filers to state ``unknown'' 
in this field on a temporary basis through June 28, 2022. Effective 
June 29, 2022, filers may no longer state ``unknown'' for these fields.

AIM Monitors

    Commerce currently publishes: (1) the U.S. Aluminum Import Monitor, 
which combines data from Census and import licenses and is updated 
weekly; (2) the Country of Most Recent Cast Dashboard with information 
on the country where imported aluminum products were most recently 
cast; (3) the Country of Smelt Dashboard with information on the 
country where the primary aluminum was smelted; and (4) the Global 
Aluminum Trade Monitor.
    Currently, the AIM licensing system receives approximately 750 
licenses per day. These licenses are reviewed, aggregated and published 
in the public AIM monitor on a weekly basis. This monitor allows for 
near real-time monitoring of aluminum imports. The import monitoring 
system on the public AIM system website reports certain information 
including country of origin, country of smelt, country of most recent 
cast, relevant aluminum product grouping, etc., and includes import 
quantity (metric tons), customs value (U.S. dollar, USD), and average 
unit value (USD/metric ton). Prior to releasing new data, Commerce 
engages in an extensive review of all new licenses to identify 
potentially erroneous applications and contacts applicants with 
questions. Commerce has also engaged in extensive industry outreach to 
educate applicants on the required licensing fields, particularly 
regarding the country of smelt and country of most recent cast fields, 
to ensure accurate data quality in the AIM monitors.
    The AIM monitors are collectively one of the most frequently 
visited parts of the International Trade Administration website, 
typically being viewed over 5,000 times per week.

Request for Information

    Now that 19 CFR part 361 has been fully in effect since June 29, 
2022, and the Country of Smelt Dashboard was released in September 
2022, Commerce is seeking additional comment from the public on 
potential improvements or changes to the system. Parties may also 
provide further comment on any issue discussed in the final rule, the 
May 5, 2021, notification or any topic related to the AIM system. 
Responses to this RFI will inform Commerce's policies and procedures 
related to the AIM system moving forward.

    Dated: January 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-01464 Filed 1-27-23; 8:45 am]
BILLING CODE 3510-DS-P