U.S. Customs and Border Protection (CBP) issued notice prohibiting the import of Russian origin:
- aluminum (Harmonized Tariff Schedule Chapter 76),
- copper (HTS Chapter 74)
- and nickel (HTS Chapter 75),
imported after April 12, 2024, including import for admission into a U.S. foreign trade zone (FTZ), unless authorized by the Office of Foreign Assets Control (OFAC).
The ban exclude aluminum, copper, and nickel of Russian origin that was produced prior to April 13, 2024, with proof of production date.
CBP will require production level documentation to determine admissibility prior to cargo release. This may include Certificates of Analysis, Certificates of Origin, or other documentation available in the ordinary course of business, with respect to the date of production.
OFAC warns importers to exercise caution if they have reason to believe such documentation has been falsified or are otherwise erroneous.
For exports, effective April 13, 2024, OFAC prohibited the export, reexport, sale, or supply, directly or indirectly, from the U.S., or by a U.S. person, wherever located, of any of the Covered Metals Acquisition Services to any person located in Russia, unless licensed or otherwise authorized by OFAC.
This is the result of an OFAC update to Executive Order 14067 1(a)(i)(A), 1(b), and 5, which previously included a ban on Russian origin seafood and diamonds. But unlike seafood and diamonds, it does not include aluminum, copper or nickel that is “incorporated or substantially transformed into a foreign-made product”.
OFAC issued five new, Russia-related Frequently Asked Questions (FAQs 1168 – 1172) and amended two others (FAQs 1019 and 1128).
Additional details are expected to be provided by CBP and OFAC.
Questions may be directed to the Office of Trade, Interagency Collaboration Division via email at [email protected].
General questions may be directed to your Livingston account manager.