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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations
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products and to aid in the prevention of transshipment of aluminum products.
Modeled after the similar Steel Import Monitoring and Analysis SIMA
system,3 the AIM system is established pursuant to the Secretarys authority under the Census Act, as amended 13
U.S.C. 301a and 302. The responsibility for administering the AIM
system is delegated to the Assistant Secretary for Enforcement and Compliance.
The original effective date for the Final Rule and part 361 was January 25, 2021, meaning that license numbers would be required to be reported to CBP
on entry summary documentation, or electronic equivalent, for covered aluminum products on or after this date.
On January 4, 2021, Commerce launched the AIM system website and allowed for importers, customs brokers and their agents to begin applying for and obtaining their import licenses.
On January 22, 2021, Commerce announced that it was delaying the effective date of the Final Rule and part 361 until March 29, 2021.4 In the Delay of Effective Date Notification, published on January 27, 2021, Commerce also opened a 30-day comment period to solicit public comment on all aspects of the Final Rule, the AIM system, and part 361. The comment period closed on February 26, 2021. Commerce received four comments, addressed below.5
On March 29, 2021, Commerce announced that it was delaying compliance with most aspects of the Final Rule and part 361 by an additional ninety days, by staying part 361.6 In the Stay and Delay of Compliance Date Notification, published on April 1, 2021, Commerce explained that the delay would allow Commerce time to finalize the license application system and to provide both the public and CBP
with sufficient advance notice of the new compliance date. Commerce also explained that the delay would allow Commerce to consider and respond, as appropriate, to the comments received 3 See Steel Import Monitoring and Analysis System, Final Rule, 70 FR 72373 December 5, 2005; Modification of Regulations Regarding the Steel Import Monitoring and Analysis System, 85
FR 56162 September 11, 2020 SIMA
Modification.
4 Aluminum Import Monitoring and Analysis System: Delay of Effective Date, 86 FR 7237
January 27, 2021 Delay of Effective Date Notification.
5 These comments can be found by searching for the Final Rule Docket No. ITA20210001 on the Federal eRulemaking portal at http
www.regulations.gov.
6 Aluminum Import Monitoring and Analysis System: Stay and Delay of Compliance Date, 86 FR
17058 April 1, 2021 Stay and Delay of Compliance Date Notification.

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during the January 27, 2021 to February 26, 2021 comment period.
Although Commerce delayed compliance with most aspects of the Final Rule and part 361, Commerce released the public AIM monitor on the AIM system website on March 29, 2021.
The public AIM monitor provides information on U.S. imports of aluminum from all countries by broad product categories in both value and volume measures. The public AIM
monitor currently only includes publicly available import data, as the license information is not yet available.
Once the license collection begins after June 28, 2021, and Commerce has sufficient time to review the license data, the public AIM monitor will report certain aggregate information on imports of covered aluminum product categories using both publicly available import data and data obtained from the aluminum licenses.
With this document, Commerce confirms that compliance with most aspects of the Final Rule and part 361
will be required on June 28, 2021.
Specifically, licenses will be required for all covered aluminum imports and must be reported to CBP on entry summary documentation, or electronic equivalent, on or after this date.
Additionally, the remaining portions of the regulations concerning the removal of the option to state unknown for certain fields on the aluminum license form will now be effective on June 29, 2022, as discussed below, and as stated in the relevant sections of part 361.7
As discussed above, the AIM system website is operational and potential license applicants may obtain their user identification numbers and apply for and obtain licenses at any time.
Potential license applicants are encouraged to obtain user identification numbers and familiarize themselves with the system. Any licenses that were issued prior to June 28, 2021 and are less than 75 days old can be used for covered aluminum imports on or after June 28, 2021. Any licenses that were issued prior to June 28, 2021 and have expired i.e., licenses issued prior to April 14, 2021, may be disregarded. If parties are unsure whether a previously issued license has expired, the party may cancel the previous license and obtain a new one. There is no penalty for unused or canceled licenses.
Commerce also requests that parties cancel licenses that will not be used.
Lastly, because the AIM system is a new program, Commerce will seek additional comment from the public on 7 For further background and information, see the Final Rule.

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potential improvements or changes to the system in a subsequent document after the AIM system is in place. Parties will have the opportunity to provide further comment on any issue discussed herein or any related topic at that time.
Explanation of Changes From the Final Rule The AIM system and part 361 are unchanged from the Final Rule, except that, as explained below, Commerce is extending the period for license applicants to state unknown for certain fields on the license application on a temporary basis. This period, originally set to expire on December 23, 2021, is now extended to June 28, 2022.
Section 361.103, covering the automatic issuance of import licenses, provides that aluminum import licenses will be issued to registered importers, customs brokers, or their agents through an automatic aluminum import licensing system. In order to obtain the license, the applicant also referred to as the filer must report the information identified under 361.103c1 in the fields of the license application form. As described in the Final Rule and as stated in 361.103c1xiii, xiv, and xv, among other requirements, Commerce requires the applicant to provide the following information in three separate fields: 1 The country where the largest volume of primary aluminum used in the manufacture of the imported aluminum product was smelted referred to as country of smelt for the largest volume of primary aluminum or country of smelt as shorthand, 2 the country where the second largest volume of primary aluminum used in the manufacture of the imported aluminum product was smelted referred to as country of smelt for the second largest volume of primary aluminum or country of smelt as shorthand, and 3 the country where the aluminum used in the imported aluminum product was most recently cast referred to as country of most recent cast for shorthand. These fields are further described under 361.103c3.
Section 361.103c3iA defines the field for the country of smelt for the largest volume of primary aluminum as the country where the largest volume of new aluminum metal is produced from alumina or aluminum oxide by the electrolytic HallHeroult process.
Recognizing that importers may have some initial difficulties in securing this information, 361.103c3iC allows filers to state unknown for this field on the license application on a temporary basis. Similar to the country of smelt for the largest volume of
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