On February 11, 2025, President Trump issued a proclamation implementing tariffs on aluminum and derivative steel articles (the "Proclamation").1 The Proclamation effectively eliminated exemptions from tariffs for countries and territories, including Canada, Mexico, the European Union, the United Kingdom, Japan, and South Korea.
Mandates of the Proclamation
The Proclamation orders, as of March 12, 2025, that all imports of aluminum articles identified in Proclamation 9704 (2018) and derivative aluminum articles identified in Proclamation 9980 (2020) will be subject to additional tariffs under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. § 1862). The Proclamation includes language allowing for the addition of aluminum derivatives, to be published in a forthcoming Federal Register.
The Proclamation adjusts the tariff rates from 10% ad valorem to 25% ad valorem. The revised rate is applicable to all countries, including those previously exempt (Argentina, Australia, Canada, Mexico, EU countries, and the United Kingdom), except for Russia, which is assessed at the 200% ad valorem rate.
Any covered aluminum article or derivative article, except those eligible for "domestic status," admitted into a U.S. foreign-trade zone must be admitted under "privileged foreign status," and will be subject to additional duties upon entry into the United States for consumption.
The Proclamation further terminates exclusions for certain products set forth in the prior proclamations, effective as of February 11, 2025; though previously granted product exclusions shall remain effective until their expiration date or until excluded product volume is imported, whichever occurs first. All existing general approved exclusions will be ineffective as of March 12, 2025. The Proclamation clarifies that no duty drawbacks shall be available with respect to the duties imposed.
The Secretary of Commerce must, within 90 days of the Proclamation, establish a process for including additional derivative aluminum articles. This process will allow domestic producers to request to add additional derivative products to the list.
Importers Must Be Vigilant When Importing Products
Of note, the Proclamation also directs U.S. Customs and Border Protection to prioritize reviews of the classification of imported aluminum and derivative aluminum articles, and if it discovers misclassification, it shall assess "monetary penalties in the maximum amount permitted by law."
Footnotes
1 See Pres. Proc., Adjusting Imports of Aluminum into the United States (Feb. 11, 2025), https://www.whitehouse.gov/presidential-actions/2025/02/adjusting-imports-of-aluminum-into-the-united-states/.
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