WHITE HOUSE

New Section 232 program halves aluminum tariffs for approved U.S. primary aluminum onshoring projects, with HTS changes to follow.

The proclamation creates a Section 232 investment incentive program allowing approved U.S. primary aluminum projects to import primary aluminum at 50% of the prevailing Section 232 duty rate, up to their reasonably anticipated annual output. It directs Commerce to set criteria, monitor compliance, and rescind benefits (including retroactively) for non‑performance or fraud, and authorizes HTSUS modifications via Federal Register notice. Importers and brokers must prepare to identify qualifying entries, track quantities, and apply any new HTS/Chapter 99 provisions once published.


1. What changed

The President issued a new Section 232 proclamation further adjusting imports of aluminum into the United States by:

  • Establishing an investment incentive program for companies that build, refurbish, or expand U.S. facilities to produce primary aluminum.
  • Allowing approved projects to import primary aluminum at a reduced Section 232 duty rate (50% of the otherwise applicable Section 232 rate) in quantities tied to the facility’s reasonably anticipated annual output.
  • Authorizing the Secretary of Commerce to implement, regulate, monitor, and enforce this program, including rescission (and in some cases retroactive rescission) of tariff benefits.
  • Directing Commerce, in consultation with other agencies, to modify the HTSUS as needed via Federal Register notice to implement this program.

This is an adjustment to the existing Section 232 aluminum tariff regime originally established by Proclamation 9704 and subsequently modified by later proclamations.

2. Affected products

  • Product scope: “Primary aluminum” imported into the United States.
  • The proclamation does not list specific HTS codes, but the program clearly applies to primary aluminum articles currently subject to Section 232 aluminum duties.
  • The existing Section 232 aluminum regime (Proclamation 9704 and amendments) generally covers unwrought aluminum and certain wrought aluminum products; however, for compliance purposes, importers must rely on the specific HTS/Chapter 99 provisions that Commerce and CBP will publish in the Federal Register to implement this new incentive.

Because no explicit HTS codes are stated in the proclamation text, compliance teams must watch for subsequent HTSUS/Chapter 99 changes that will define the exact tariff lines and any special program indicators.

3. Rate changes

  • Current regime: Imports of covered aluminum articles are subject to additional ad valorem duties under Section 232 (rates as set in Proclamation 9704 and subsequent amendments). The proclamation does not restate the numeric rate, only that there is a “section 232 rate of duty otherwise in effect.”
  • New preferential rate: For companies with an approved onshoring plan:
  • They may import primary aluminum annually, in a quantity corresponding to the facility’s reasonably anticipated annual output of primary aluminum, at “half the section 232 rate of duty otherwise in effect.”
  • Example (conceptual only): If the applicable Section 232 aluminum duty is X%, qualifying imports under an approved plan would pay X/2% on the eligible quantity.
  • Scope of benefit:
  • The reduced rate applies only to primary aluminum and only up to the quantity tied to the approved project’s anticipated annual production.
  • For facility refurbishments, tariff adjustments “shall only be granted to the extent those adjustments correspond with the value of the company’s investment,” implying a proportional or capped benefit.

No specific numeric duty percentages or new HTS/Chapter 99 codes are provided in the proclamation; these will follow via HTSUS modifications and/or CBP implementation guidance.

4. Dates and timelines

  • Onshoring plan construction deadline: Any onshoring plan must include “a commitment that construction will start by January 20, 2029.”
  • Program start: The proclamation is dated July 20, 2026. The program becomes operative as Commerce issues implementing regulations, rules, guidance, and any HTSUS changes. There is no explicit effective date for the reduced tariffs, but they will apply once the Secretary approves a plan and the necessary tariff/HTS mechanisms are in place.
  • Duration/expiration: No explicit sunset date is provided for the program or the tariff benefits. The Secretary is directed to continue monitoring aluminum imports and may recommend further Presidential action, including modification or termination of measures.
  • Retroactivity risk: If the government determines a company engaged in fraud or deliberately misled the government regarding onshoring commitments, rescission of tariff benefits “can be retroactive to the extent permitted by law,” and CBP may collect additional tariffs and impose fines/penalties.

5. Required actions for importers, brokers, and compliance teams

A. For companies investing in U.S. primary aluminum production

1) Evaluate eligibility and prepare onshoring plans

  • Determine whether you plan to:
  • Build a new U.S. facility to produce primary aluminum;
  • Refurbish an existing U.S. primary aluminum facility to expand production or increase efficiency; or
  • Expand an existing facility to become capable of producing primary aluminum.
  • Prepare an onshoring plan that at minimum includes:
  • A firm commitment to build, refurbish, or expand a U.S. facility that will produce primary aluminum.
  • A commitment that construction will start by January 20, 2029.
  • Detailed information and analysis required by Commerce, including:
  • Anticipated start date of construction.
  • Project timeline and milestones, with justification that they are commercially reasonable.
  • Anticipated annual production of primary aluminum from the project.
  • Cost estimates and production projections, with supporting assumptions.
  • Proposed allocation of benefits among applicants (if multiple entities are involved).

2) Engage with the Department of Commerce

  • Monitor Commerce announcements for:
  • Application procedures and deadlines for submitting onshoring plans.
  • Required forms, data templates, and supporting documentation.
  • Evaluation criteria and any minimum investment or capacity thresholds.
  • Submit onshoring plans in accordance with Commerce’s forthcoming regulations, rules, or guidance.

3) Plan for tariff benefit utilization

  • Work with internal trade compliance and customs brokers to:
  • Map your primary aluminum imports to the HTS/Chapter 99 provisions that will be created or modified for this program.
  • Establish internal controls to ensure that only eligible quantities (up to the approved anticipated annual output) are entered at the reduced Section 232 rate.
  • Track cumulative imports under the program by calendar year or other period specified by Commerce.

4) Compliance, reporting, and audit readiness

  • Expect ongoing monitoring and enforcement by Commerce, including:
  • Periodic reporting obligations on construction progress, investment levels, and actual production.
  • Possible audits, including by external auditing firms.
  • Implement robust documentation and recordkeeping to substantiate:
  • That construction started by January 20, 2029.
  • That investment and production levels align with the approved plan.
  • That all statements made to the U.S. Government are accurate and complete.
  • Be aware that substantial failure to meet commitments can result in:
  • Cessation and rescission of tariff benefits on a going‑forward basis.
  • In cases of fraud or deliberate misrepresentation, retroactive rescission, back‑collection of duties, and potential fines/penalties.

B. For importers and customs brokers handling primary aluminum

1) Monitor HTSUS and Federal Register changes

  • The Secretary of Commerce, in consultation with DHS (CBP), USTR, and USITC, is directed to determine and implement any necessary HTSUS modifications via Federal Register notice.
  • Trade compliance teams must:
  • Track Federal Register notices from Commerce and CBP implementing this proclamation.
  • Identify any new HTS subheadings, Chapter 99 provisions, or special program indicators created for the reduced Section 232 rate.
  • Update classification databases, broker instructions, and entry software accordingly.

2) Entry and documentation practices

  • Once HTS/Chapter 99 mechanisms are published:
  • Ensure that entries claiming the reduced Section 232 rate are supported by:
  • Evidence that the importer or its principal has an approved onshoring plan.
  • Confirmation that the imported primary aluminum falls within the scope of the program.
  • Confirmation that the quantity is within the annual allocation tied to the facility’s anticipated output.
  • Maintain clear audit trails linking each entry to the relevant onshoring plan and annual allocation.

3) Risk management

  • Recognize that benefits can be rescinded, including retroactively in cases of fraud or deliberate misrepresentation.
  • Consider:
  • Contractual provisions with suppliers and customers addressing potential retroactive duty liability.
  • Use of customs bonds and financial reserves to manage potential back‑duty exposure.
  • Enhanced internal review of any statements or certifications provided to Commerce or CBP in connection with the program.

C. For all import compliance teams (non‑participants included)

  • Even if you do not participate in the onshoring program, this proclamation signals continued and possibly evolving Section 232 measures on aluminum.
  • Actions:
  • Continue to monitor Section 232 aluminum duty rates and scope.
  • Review supply chains for exposure to primary aluminum and derivative products.
  • Stay alert for any broader HTSUS or Chapter 99 changes that may indirectly affect your aluminum imports.

6. References and where to find details

Primary legal document:

  • Presidential Proclamation: “Further Strengthening Actions Taken to Adjust Imports of Aluminum into the United States” (July 20, 2026), issued under Section 232 of the Trade Expansion Act of 1962 and Section 604 of the Trade Act of 1974.

Related prior proclamations (context for existing Section 232 aluminum regime):

  • Proclamation 9704 (March 8, 2018): “Adjusting Imports of Aluminum Into the United States.”
  • Proclamation 11021 (April 2, 2026): “Strengthening Actions Taken To Adjust Imports of Aluminum, Steel, and Copper Into the United States.”
  • Proclamation 11032 (June 1, 2026): “Further Adjusting the Tariff Regimes for Imports of Aluminum, Steel, and Copper Into the United States.”
  • Proclamation 10984 (October 17, 2025): “Adjusting Imports of Medium- and Heavy-Duty Vehicles, Medium- and Heavy-Duty Vehicle Parts, and Buses Into the United States” (referenced for a similar incentive program structure for certain aluminum and steel from Canada and Mexico).

Official sources to monitor for implementation details:

  • Federal Register (https://www.federalregister.gov) for:
  • Commerce regulations, rules, and guidance establishing the onshoring program and application procedures.
  • HTSUS modifications implementing the reduced Section 232 rate and any new Chapter 99 provisions.
  • U.S. International Trade Commission (USITC) HTSUS publication (https://hts.usitc.gov) for updated tariff schedule text once changes are adopted.
  • U.S. Customs and Border Protection (CBP) for:
  • Cargo Systems Messaging Service (CSMS) notices.
  • Implementation instructions on entry filing, documentation, and programming of the reduced Section 232 rate.

7. HTS metadata

  • No specific HTS headings or codes are explicitly stated in the proclamation text.
  • Compliance teams must therefore rely on subsequent HTSUS amendments and CBP guidance to identify the exact tariff lines and Chapter 99 provisions that will carry the reduced Section 232 rate for approved primary aluminum onshoring projects.

In summary, this proclamation does not immediately change specific HTS codes or numeric duty rates but creates a binding framework under which qualifying U.S. primary aluminum investments can obtain a 50% reduction in the applicable Section 232 aluminum duty on defined quantities of primary aluminum imports. The operational impact on import entries will materialize once Commerce and CBP publish the necessary HTSUS and procedural changes.

Primary sources

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