Tariffs & HTS
U.S. partly revokes aluminum sheet AD/CVD orders for can stock
Commerce issued final results of changed circumstances reviews and revoked, in part, the AD and CVD orders on common alloy aluminum sheet from China and 16 other countries, including Türkiye, for certain aluminum can stock. Can stock that meets the written exclusion is out of the orders regardless of HTSUS classification, for all unliquidated entries back to the date suspension of liquidation began.
What changed
The revoked product is aluminum can stock suitable for making aluminum beverage cans, their lids or opening tabs, produced to gauges of 0.200 mm to 0.292 mm in an H-19, H-41, H-48, H-39 or H-391 temper, with a lubricant on its flat surfaces.
The old exclusion said such can stock is properly classified under HTSUS 7606.12.3045 and 7606.12.3055; the new text says it is generally classifiable there, but the written description is dispositive regardless of classification.
H-39 is now also listed in the China orders, and the notice says it had been left out of the Bahrain, India and Türkiye CVD orders in error.
The change reaches back to the start of suspension of liquidation: April 23, 2018 (China CVD), June 22, 2018 (China AD), August 14, 2020 (CVD on Bahrain, India and Türkiye) and October 15, 2020 (AD on the 16 other countries).
CBP is to liquidate those entries without AD/CVD duties and refund estimated duties; Commerce intends to issue instructions within 15 days of publication.
What an import team should check
- Compare your can stock specifications (end use, 0.200–0.292 mm gauge, H-19, H-41, H-48, H-39 or H-391 temper, lubricated surfaces) with the written exclusion, whatever the HTSUS line.
- List unliquidated aluminum can stock entries back to the relevant 2018 or 2020 suspension start date and ask your broker how CBP will liquidate them and refund estimated duties.
- Keep product specifications showing end use, gauge, temper and lubricant for can stock, and keep paying deposits on other common alloy sheet that the orders still cover.