Rule2023-01464
Request for Information on Aluminum Import Monitoring and Analysis System
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 30, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01464]
[[Page 5775]]
=======================================================================
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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.
---------------------------------------------------------------------------
\1\ Covered products are identified by HTS code on the AIM
website at <a href="https://www.trade.gov/aluminum-products-hts-codes">https://www.trade.gov/aluminum-products-hts-codes</a>.
---------------------------------------------------------------------------
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
[[Page 5776]]
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
</pre></body>
</html>Indexed from Federal Register on January 30, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.