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No More Extensions on Section 232 Aluminum Filing Requirements After May 10, CBP Official Says

CBP will not be granting any additional extensions for new aluminum entry summary filing requirements related to Section 232 tariffs on Russia, a CBP official confirmed during a webinar hosted by the National Customs Brokers & Forwarders Association of America on April 6.

Asked about the potential of filing software not being ready in time for the May 10 deadline, a CBP official said CBP doesn't "anticipate additional extensions at this time."

The agency is currently working on the first of three phases of deployment, which involves implementing collection of five new entry summary data elements, including countries of smelt and cast, for aluminum. Phase 2 will include enhancements to mass processing, and phase 3 will focus on the user interface internally, according to CBP's Antony Coats.

Tariffs will come due even before the new data requirements take effect, a CBP official said. Importers must begin paying the 200% duty on April 10th using the relevant Chapter 99 tariff schedule number, even though they won't yet have to put country of smelt and cast information on their entry summaries.

"The duties will still apply on April 10," CBP's Ruth Waddy said. "If it contains any content of Russian aluminum, then you will still report the duties. You will still pay the duties."

The tariffs apply even if there is a generally approved exclusion and the aluminum will still count towards quotas set for some countries to avoid the Section 232 tariffs, including for the EU and Argentina.

The 200% tariff does not apply to aluminum with Russian content that is not of Russian origin if the relevant country imposes its own 200% tariff on aluminum from Russia, and CBP is aware that some countries have begun putting their own 200% tariffs in place, CBP's Lisa Fletcher said. But CBP can't stop collecting the tariffs until it sees a Federal Register notice from the Office of the U.S. Trade Representative directing it not to, Fletcher said.