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Kevin Edgar Pens Comment Letter from EMA on IOSCO Consultation Report

New Certification Requirements For Steel and Aluminum From Mexico To Avoid National Security Tariffs

Matthew Wochok Authors Article for Tax Notes Federal

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Pennsylvania Makes Significant Changes to Its Data Breach Notification Law

President Joe Biden issued Executive Orders on July 10, announcing that U.S. imports of <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2024/07/10/a-proclamation-on-adjusting-imports-of-steel-into-the-united-states-7/" target="_blank" rel="noreferrer noopener">steel</a> or <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2024/07/10/a-proclamation-on-adjusting-imports-of-aluminum-into-the-united-states-6/" target="_blank" rel="noreferrer noopener">aluminum</a> from Mexico may be subject to national security tariffs depending on the origin of their materials. <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2024/07/10/a-proclamation-on-adjusting-imports-of-steel-into-the-united-states-7/" target="_blank" rel="noreferrer noopener">Steel products</a> imported from Mexico could face Section 232 tariffs of 25% absent proof that they were <a href="https://www.trade.gov/steel-import-monitor" target="_blank" rel="noreferrer noopener">melted and poured</a> in North America. The President’s steel proclamation explains: “In order to be eligible for importation free from section 232 tariffs, steel articles and derivative steel articles that are products of Mexico must be melted and poured in Mexico, Canada, or the United States.”

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The President also announced that for <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2024/07/10/a-proclamation-on-adjusting-imports-of-aluminum-into-the-united-states-6/" target="_blank" rel="noreferrer noopener">aluminum imports</a> from Mexico “the United States will implement a country of smelt and country of most recent cast requirement … and will increase the section 232 duty rate for imports of aluminum articles and derivative aluminum articles that are products of Mexico containing aluminum for which the reported primary country of smelt, secondary country of smelt, or country of most recent cast is China, Russia …, Belarus, or Iran.” Importers will be required to show a certificate of analysis and identify the country of smelt or recent cast in order to be eligible for import free from section 232 tariffs. The certificate must be submitted to U.S. Customs and Border Protection (“CBP”) when filing an entry covered by the Section 232 tariffs.

Importers have been required to provide similar information for steel and aluminum import monitoring purposes since the implementation of the Section 232 tariffs. Policymakers within the Biden Administration and the U.S. Congress have been watching with concern of an apparent surge of steel and aluminum imports from Mexico. Lawmakers have feared that significant volumes of the surge may be attributed to shipments of steel and aluminum from China, Russia and other countries that are remanufactured in Mexico or transshipped to the United States to circumvent U.S. trade remedies and duties. The White House emphasized that the imposition of such tariffs is necessary to limit transshipment and discourage excess steel and aluminum capacity and production.

CBP has been directed to implement “as soon as practicable” requirements for providing information that would verify the initial origin of Mexican steel or aluminum imports.

BakerHostetler’s <a href="https://www.bakerlaw.com/services/international-trade-and-national-security/international-trade-customs-tariffs-and-import-regulations/" target="_blank" rel="noreferrer noopener">Customs, Imports and Tariff Regulations</a> team will monitor and provide alerts of CBP’s steel and aluminum certification requirements as they are released.

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