CSMS #46809016 - U.S. Department of Commerce delaying compliance with final rule, entitled “Aluminum Import Monitoring and Analysis System,” by staying regulations, 19 CFR part 361, from March 29, 2021, until June 28, 2021

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CSMS #46809016 - U.S. Department of Commerce delaying compliance with final rule, entitled “Aluminum Import Monitoring and Analysis System,” by staying regulations, 19 CFR part 361, from March 29, 2021, until June 28, 2021

*** ALUMINUM IMPORT MONITORING AND ANALYSIS SYSTEM (AIM): STAY OF REGULATIONS AND DELAY OF COMPLIANCE DATE ***

The U.S. Department of Commerce (Commerce) is delaying compliance with the final rule, entitled “Aluminum Import Monitoring and Analysis System,” by staying the regulations, 19 CFR part 361, from March 29, 2021, until June 28, 2021.

On December 23, 2020, Commerce published “Aluminum Import Monitoring and Analysis System,” (85 FR 83804 (Dec. 23, 2020) (Final Rule)) establishing the AIM system in part 361 that would be comprised of an aluminum import licensing program and a public AIM monitor, available through the AIM system website. On January 4, 2021, Commerce launched the AIM system website (https://www.trade.gov/aluminum). The original effective date for part 361 was January 25, 2021, meaning that licenses would be required for all covered aluminum imports on or after this date. On January 27, 2021, Commerce published a notification delaying the effective date of the AIM system until March 29, 2021 and opening a 30-day comment period to solicit public comment, on the January 27 notification, that closed on February 26, 2021, on all aspects of the Final Rule and the AIM system. 86 FR 7237 (Jan. 27, 2021).

Upon receipt and consideration of the public comment, Commerce has determined that it is appropriate to delay compliance with most aspects of part 361 and the AIM system by an additional ninety days, by staying part 361. This delay will allow Commerce time to finalize the license application system and to provide both the public and U.S. Customs and Border Protection (CBP) with sufficient advance notice of the new compliance date. In addition, the delay will allow Commerce to consider and respond, as appropriate, to the comments; Commerce intends to issue another notification addressing these comments prior to June 28, 2021.

Therefore, unless otherwise announced, compliance for the majority of part 361 and the AIM system will be effective on June 28, 2021, meaning that licenses will be required for all covered aluminum imports on or after this date. Additionally, the remaining portions of the regulations concerning the removal of the option to state “unknown” for certain fields on the aluminum license form will be effective on December 24, 2021, as stated in the relevant sections of part 361, unless otherwise announced. For further background and information, see the Final Rule.

A Federal Register Notice announcing the stay of regulations and delay of compliance date is expected to publish on April 1, 2021. Please note that in the case of any discrepancies between this announcement and the Federal Register notice, that the Federal Register notice prevails. Further guidance on licenses already issued and the issuance of new licenses in the intervening period before June 28, 2021 will be provided on the AIM system website.

If you have any questions or concerns, please do not hesitate to contact Commerce at the email address listed below or the Entry Summary, Accounts & Revenue Division (ESAR) at esar@cbp.dhs.gov

The Aluminum Import Monitoring and Analysis (AIM) team

Office of Policy

US Department of Commerce/ Enforcement and Compliance

Aluminum.license@trade.gov

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