QB 21-701 2021 Aluminum Absolute Quota 1st Quarter for Argentina

COMMODITY:

Aluminum products as specified in Presidential Proclamations.
 

QUOTA PERIOD:

January 1, 2021 through March 31, 2021
 

OPENING:

January 4, 2021 12:01 AM Local Port time.

All entries submitted prior to 8:30 am ET January 4, 2021 will be counted in the first opening at 8:30 am ET. Entries submitted prior to January 4, 2021 local port time will not be counted towards the opening. If the totals exceed the limit all accepted entries within the first opening will be prorated.
 

REPORTING INSTRUCTIONS:

For quota merchandise, use entry type code 02, 06, 07, 12, 23, 32, 38, or 52

Merchandise subject to absolute quota may also be subject to antidumping and countervailing duty.

In addition to reporting the chapter 76 harmonized tariff schedule (HTS) classification for imported merchandise, importers shall report the following HTS classifications for imported merchandise subject to the absolute quota: 9903.85.05 through 9903.85.06

NEW Effective December 29, 2020 Department of Commerce’s Bureau of Industry and Security “Section 232 Steel and Aluminum Tariff Exclusions Process” Interim Final Rule establishes General Approved Exclusions (GAEs) on certain HTS classifications for aluminum goods. (see supplement no. 3: https://www.govinfo.gov/content/pkg/FR-2020-12-14/pdf/2020-27110.pdf) GAEs may be utilized by any importing entity.

For HTS Statistical Reporting Numbers listed in the GAE table, entries must use 9903.85.11 for the first HTS and the appropriate CH 1-97 HTS code to utilize the GAE. Please see the list of GAE HTS numbers at the end of this bulletin.

Absolute quota merchandise may not be imported into the U.S for consumption after the quota limit is reached, per [19 CFR 132]. Options after the quota limit is reached include foreign trade zone, warehouse, exportation or destruction.

A presentation date/time is determined for the entry summary when the following conditions are met:

• Entry Summary must be on file
• Entry Summary must be paid or scheduled to be paid on statement

Shipment must be arrived in the United States at the intended port of unlading.

COUNTRIES COVERED:

Argentina

SPECIAL INSTRUCTIONS:

On May 31, 2018, the President issued a Presidential Proclamation under Section 232 of the Trade Expansion Act of 1962 providing for an absolute quota for imports of aluminum products from Argentina, effective for goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on June 1, 2018.

Subheadings 9903.85.05 through 9903.85.06, inclusive, set forth the ordinary customs duty treatment for the aluminum products of any country enumerated in the superior text to such subheadings, subject to the annual aggregate quantitative limitations proclaimed for these subheadings. Beginning on July 1, 2018, imports from any such country in an aggregate quantity under any such subheading during any of the periods January through March, April through June, July through September, or October through December in any year that is in excess of 500,000 kg and 30 percent of the total aggregate quantity provided for a calendar year for such country, as set forth on the Internet site of U.S. Customs and Border Protection (CBP), shall not be allowed.

This Quota Bulletin provides information on annual absolute quota quantities for Argentina aluminum imports as of January 1, 2021. Additional information will be issued prior to April 1, 2021 on the quarterly quota quantities beginning April 1, 2021 and at the end of each subsequent quarter for convenience of importers of aluminum products under absolute quota.

Please check the quota page at www.cbp.gov/trade/quota/tariff-rate-quotas for weekly commodity status reports and information on remaining absolute quota amounts.

Absolute quota is processed on a daily basis, Monday to Friday (excluding holidays), and cargo release of shipments subject to the absolute quota will be withheld until the absolute quota is processed and quota amounts are allocated.

In order for shipments to be processed for absolute quota, the entry summary must be filed, entry summary payment date must be on file or scheduled for a future statement, and the conveyance arrived by 4:30 pm in the port’s local time zone. The official hours for quota processing are established by 19 CFR 132.3.

Quota Bulletins (QB) are posted on the CBP.gov quota page and updated as determined by future announcements. The trade may track the status of quotas provided in the weekly Commodity Status Report at www.cbp.gov/trade/quota/tariff-rate-quotas

For questions related to the quota process, contact the QAB at HQQUOTA@cbp.dhs.gov. In the event of a technical issue with system operation, please create a ticket with the ACE help desk at ACE.SUPPORT@cbp.dhs.gov.

As per Absolute Quota Presidential Proclamations;
 

BACKGROUND

Presidential Proclamation 9704 of March 8, 2018 provided for tariffs in Section 232 Steel and Aluminum.

Presidential Proclamation 9117 of March 22, 2018 exempted Republic of South Korea, Brazil, Argentina, Mexico, and Canada from those tariffs.

Presidential Proclamation 9740 of April 30, 2018 provided for quarterly limits on Section 232 Steel and Aluminum commodities of 9903.85.05 – 9903.85.06 from the Republic of South Korea, Brazil, and Argentina.

Presidential Proclamation 9759 of May 31, 2018 advised that quarterly limits in excess of 500,000 kg and 30 percent of the total annual limit by country shall not be allowed.*

Presidential Proclamation 9777 of August 29, 2018 provided for relief from Section 232 limitation on an individual basis via a Department of Commerce issued exclusion. NEW Department of Commerce Bureau of Industry and Security Interim Final Rule “Section 232 Steel and Aluminum Tariff Exclusions Process” 2020-27110 established General Approved Exclusions (GAEs) for specific HTS numbers to be used by any importing entity.

Effect of Approved Section 232 Quota Exclusions for Country of Origin Republic of South Korea, Brazil, and Argentina on Quota Availability:

Importers may apply for exclusions from the Department of Commerce. Approved exclusions are retroactive to the date of their application. Department of Commerce advises the active date of exclusions to the successful filer.

When utilizing the DOC General Approved Exclusion (GAE) HTS numbers, an additional individual exclusion number is not required and GAEs are not retroactive.

All exclusion entries utilize 9903.85.11 in place of 9903.85.05 through 9903.85.06 but continue to reference the appropriate chapter 76 harmonized tariff schedule (HTS) classification.

Quota exclusion entries are charged against the quarterly limit that is in place at the time of entry and count towards the annual limit. Exclusion entries are exempt from the annual and quarterly quota limit ceilings. These entries “use up” quota limits, but they continue to be accepted until the close of the annual quota period regardless of whether the quarterly or annual limits have been reached. Importers holding Commerce quota exclusions for a particular HTS can enter goods at any time during the quota year, regardless of whether absolute quota thresholds have been filled.

Exclusion quantity that is over the quarterly or annual limit is tracked as “exclusion quota overflow” using a distinct quota identifier.

For questions related to the quota process, contact the QAB at HQQUOTA@cbp.dhs.gov.  In the event of a technical issue with system operation, please create a ticket with the ACE help desk at ACE.SUPPORT@cbp.dhs.gov.

2021 ALUMINUM ABSOLUTE QUOTA 1st QUARTER LIMITS

*Indicates HTS Classifications within this category are listed in the Department of Commerce General Approved Exclusion Table and must be entered using HTS 9903.80.60. See the list of 10-digt GAE HTS numbers at the end of this bulletin.

General Approved Exclusion HTS Numbers from Department of Commerce’s Bureau of Industry and Security “Section 232 Steel and Aluminum Tariff Exclusions Process” Interim Final Rule https://www.govinfo.gov/content/pkg/FR-2020-12-14/pdf/2020-27110.pdf:

7601.20.90.80; 7601.20.90.95; 7604.21.00.10; 7604.29.10.10; 7604.29.50.90; 7605.29.00.00; 7606.11.60.00; 7607.11.60.10; 7607.19.10.00; 7607.19.60.00; 7607.20.10.00; 7607.20.50.00; 7609.00.00.00; 7616.99.51.60; 7616.99.51.70