Commerce Delays Aluminum Import Monitoring and Analysis System

Feb. 2, 2021

On December 23, 2020, the Commerce Department (“Commerce”) published a final rule which established the Aluminum Import Monitoring and Analysis (“AIM”) system and promulgated new regulations (19 C.F.R. Part 361) which establish a website for the AIM system. This website includes an online aluminum import license application platform and a public AIM monitor. The effect of the final rule is that importers, customs brokers, or their agents will soon need to obtain an import license through the AIM system website for each entry of certain aluminum products into the United States. For more information about the final rule see our recent post on the subject.

While the original effective date for the final rule was set for January 25, 2021, Commerce has now delayed this date until March 29, 2021. As stated by Commerce, the delay in effective date was necessary to allow the incoming Biden Administration time to review the final rule and consider any additional comments before implementation. Unless otherwise announced, as things stand the majority of the final rule will become effective on March 29, 2021. The remaining portions of the final rule, specifically those concerning an option to state ‘‘unknown’’ for certain fields on the aluminum license form will go into effect on December 24, 2021, as originally stated in the final rule.

As referenced above, along with the delay in the effective date Commerce is now soliciting comments on the final rule. In order to be assured of consideration, written comments on the final rule must be received by Commerce no later than February 26, 2021. The AIM system website will continue to be operational during this delay, however, licenses will not be required for covered aluminum imports until on or after March 29, 2021. If you have additional questions about the new licensing requirements, using the AIM system, or the impacts of this delay please do not hesitate to contact an attorney at Barnes, Richardson & Colburn LLP.