On the one-year anniversary of Russia’s invasion of Ukraine, President Joseph Biden on February 24, 2023, issued a Proclamation on Adjusting Imports of Aluminum Into the United States to implement: (1) effective March 10, 2023, a 200% import tariff on aluminum articles and derivative aluminum articles that are the products of Russia, and (2) effective April 10, 2023, a 200% import tariff on (a) aluminum articles from other countries that use any primary aluminum smelted in Russia in the manufacture process or aluminum articles cast in Russia, and (b) derivative aluminum articles from other countries that use primary aluminum smelted in Russia in the manufacture process or derivative aluminum articles cast in Russia. Any country imposing a 200% tariff or more on its imports of aluminum articles that are products of Russia may be exempt from the tariffs under this proclamation

The Proclamation declares that due to Russia’s war against Ukraine, the Russian aluminum industry in particular must be held responsible as “a key part of Russia’s defense industrial base [that] has played a major role in supplying Russia with weapons and ammunition used in the war.” The Proclamation, issued pursuant to section 232 of the Trade Expansion Act of 1962, also justifies the tariff increases as “a significant step toward ensuring the viability of the domestic aluminum industry.” 

This Proclamation follows the original Section 232 aluminum investigation and proclamation issued by former President Donald Trump that imposed a 10% import tariff on aluminum articles from various countries (see Update of March 8, 2018).

In a separate Proclamation, and pursuant to the Suspending Normal Trade Relations with Russia and Belarus Act enacted in April 2022 (see Update of April 11, 2022), President Biden increased tariffs on additional Russian products imported into the United States. The proclamation increases tariffs “on more than 100 Russian metals, minerals, and chemical products worth approximately $2.8 billion to Russia” according to a White House Fact Sheet. This proclamation imposes ad valorem duty rates to 35% on certain Russian products and 70% for other products. These increases will become effective on April 1, 2023 for goods entered for consumption, or withdrawn from warehouse for consumption, and will continue in effect, unless expressly reduced, modified, or terminated.

UPDATE: On March 2, 2023, the Presidential Proclamations were formally published in the Federal Register and now include the Annexes that clearly identify the scope of Russian articles and specific rates of duty covered under each proclamation:
Proclamation 10522 of February 24, 2023, Adjusting Imports of Aluminum Into the United States
Proclamation 10523 of February 24, 2023, Increasing Duties on Certain Articles From the Russian Federation

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

Photo of Francesca M.S. Guerrero Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some…

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.

Photo of Michelle Li Michelle Li

Michelle focuses her practice on assisting clients in a wide range of industries with trade remedy proceedings. Her experience includes representing clients before the U.S. Department of Commerce, U.S. International Trade Commission, U.S. Court of International Trade, and U.S. Court of Appeals for…

Michelle focuses her practice on assisting clients in a wide range of industries with trade remedy proceedings. Her experience includes representing clients before the U.S. Department of Commerce, U.S. International Trade Commission, U.S. Court of International Trade, and U.S. Court of Appeals for the Federal Circuit. She also advises on import entry clearance and other customs and importation issues involving food, drug, medical, and tobacco products regulated by the FDA and consumer products regulated by the U.S. Consumer Product Safety Commission.

Photo of Samir D. Varma Samir D. Varma

Samir advises multinational corporations on export controls, economic sanctions and customs, and counsels individuals and corporations on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. He represents clients in enforcement actions before U.S. regulatory agencies and conducts corporate internal investigations.

Photo of Aaron C. Mandelbaum Aaron C. Mandelbaum

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade…

Aaron focuses his practice on advising clients on compliance with international economic sanctions, export controls, and U.S. import laws and regulations. He is also involved in assisting clients with complex cross-border transactions, anti-dumping and countervailing duty litigation, utilization of international and preferential trade agreements, and customs classifications. Most recently, Aaron has counseled clients navigating requirements under the Export Administration Regulations.