Aluminum
- Document symbol
- G/LIC/N/3/USA/21
- Original language
- English
- Published on
- 16/10/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
On 23 December 2020 the U.S. Department of Commerce (Commerce) published final regulations (85 FR 83804) to establish the Aluminum Import Monitoring and Analysis (AIM) system. In January, the effective date of the regulations was delayed until March 2021 (86 FR 7237) and in March 2021, the regulations were stayed until 28 June (86 FR 17058). On 21 May 2021, Commerce published an additional rule (86 FR 27513) in the federal register, confirming that the regulations establish the AIM system would go into effect on 28 June 2021.
The system was established pursuant to Commerce's authority under the Census Act, as amended (the Census Act) (13 U.S.C. 301(a) and 302), Commerce established a system of import licensing to facilitate the monitoring of imports of aluminum articles, including monitoring for import surges The AIM system operates in a similar way as the SIMA system (19 CFR part 360) and has been codified under 19 CFR part 361. The AIM system tracks the modified SIMA system as closely as possible except where necessary to address the inherent differences between steel and aluminum imports.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The aluminum import licensing program covers basic aluminum products (unwrought and wrought). In total there are 66 products covered, each identified by HTS number; the full list is available on Aluminum Products by HTS Codes (https://www.trade.gov/aluminum-products-hts-codes).
Q3. The system applies to goods originating in and coming from which countries?
The aluminum licensing system applies to goods originating in and coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
This licensing is not intended to restrict the quantity or value of imports. It is designed to provide fast and reliable statistical information on aluminum imports to both the government and the public.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The final rule establishing the system, was published 23 December 2021, in the Federal Register ((85 FR 83804)). A copy is also available at: Federal Register: Aluminum Import Monitoring and Analysis System (https://www.federalregister.gov/documents/2020/09/11/2020-19753/steel-import-monitoring-and-analysis-system).
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Aluminum import licenses may be applied for up to 60 days prior to the expected date of importation and until the date of filing of the entry summary documents, or in the case of FTZ admission, the filing of Customs and Border Protection (CBP) Form 214. The license is valid for 75 days.
Q7.b. Can a licence be granted immediately on request?
Yes. The license number is electronically generated, and electronically given to the filer immediately upon completing the license information.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
No.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Applicants are not refused aluminum license numbers.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
No. Only registered users are permitted to file aluminum licenses.
The registration form is available on the aluminum import licensing website: https://www.trade.gov/us-industry-licensing. The registrant fills in the requested demographic information and sends it to the aluminum license team electronically. The team issues the registrant a unique user id to access the license module. There is no registration fee, and licenses are free. Information of registered users is kept confidential.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The license filer submits demographic information from the registration, and entry specific information detailing 10-digit Harmonized Tariff Schedule (HTS) number, volume in kilograms, country of most recent cast, country of largest smelt, and country of second largest smelt and value in U.S. dollars for each product imported.
Q11. What documents are required upon actual importation?
The 9-digit aluminum license number is required as part of the CBP Entry Summary for goods brought into the U.S. for consumption.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no licensing fee.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no deposit or advance payment requirement associated with the issue of licenses.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Aluminum import licenses may be applied for up to 60 days prior to the expected date of importation and until the date of filing of the entry summary documents, or in the case of FTZ admissions, the filing of CBP Form 214. The license is valid for 75 days but may be used only once.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No, licenses are not transferable between importers; they are unique for each entry.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.