Section 232 Update: New HTS Clarification
To Our Valued Partners,
The Department of Commerce has issued a technical correction to the Section 232 tariff framework following the April 2, 2026 Presidential Proclamation. This update will be published in the Federal Register on April 29 and is effective retroactively to April 6, 2026.
This change clarifies how Section 232 duties apply to certain products under the new HTS structure.
WHAT CHANGED
New Chapter 99 Heading Added: 9903.82.01
A new HTS provision has been created for products that:
- Fall under an HTS classification listed in U.S. Note 16
- But do not actually contain any aluminum, steel, or copper
These products are not subject to Section 232 duties.
They should now be reported under:
9903.82.01 — No additional duty applies
WHY THIS MATTERS
This correction clarifies that Section 232 duties apply only to actual aluminum, steel, copper, or derivative articles. A new heading has been added to provide filers a proper classification mechanism for products that fall under a listed HTS provision but contain none of these metals.
This update confirms that:
- Section 232 duties apply only to aluminum, steel, copper, or their derivatives
- If none of these metals are present, the duties do not apply
- Classification alone does not determine applicability. Material composition must also be considered.
RETROACTIVE EFFECT
This correction applies to entries made on or after:
April 6, 2026, at 12:01 AM ET
Importers who believe Section 232 duties were applied to affected products should consult with their customs broker or trade counsel to determine whether any corrective action is available. This notice does not specify a refund or correction process.
ADDITIONAL NOTE
This notice also corrects an inconsistency in subdivision (e) of U.S. Note 16 by removing a redundant second paragraph. The first paragraph of subdivision (e) already captured the relevant subheadings (c)(ii), (iv), and (vi)-(viii), so the second paragraph was duplicative. This does not change how duties are applied.
WHAT YOU NEED TO DO
- Review products classified under U.S. Note 16
- Confirm whether they contain aluminum, steel, or copper
- Identify any entries where duties may have been applied incorrectly
- Consult your customs broker or trade counsel regarding any entries where duties may have been incorrectly applied
QUESTIONS?
If you have questions about how this update may affect your shipments, I am here to help.
833-782-7628 Ext. 1
RESOURCE
You can review the full Federal Register notice here:
View Official Notice
