Continuing Education – Re-melting Provisions

Subheadings 9817.00.80 and 9817.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS) provides for conditionally duty-free entry of metals that will “be used in remanufacture by melting, or to be processed by shredding, shearing, compacting, or similar processing which renders them fit only for the recovery of the metal content.” In other words, metals that are entering the U.S. for the purposes of the recovery of metal content. This number is an associated number. Meaning, the number is used in conjunction with the standard number.

There are two main conditions to the use of the duty-free provision:

  1. Statement of intent – The commercial invoice needs to contain a statement of the intent to remanufacture or process for metal recovery. This statement can be as simple as, “Scrap for melting 9801.00.90” or “Scrap for shredding 9801.00.90.”
  2. Proof of use – This is supplied through a “Remelt Certificate” to be completed by the superintendent or manager of the plant at which the articles were used in remanufacture. This certificate must show:
    1. The name and location of the processing plant.
    1. The entry number, date, and port of entry.
    1. The date or inclusive dates of the remanufacture or processing of the articles.
    1. A description of the remanufacture or processing in sufficient detail.

The “proof of use” requirement must be fulfilled by providing the “Remelt Certificate” to U.S. Customs and Border Protection (CBP) within three (3) years of entry into the United States. Failure to fulfill this may result in the assessment of duties.

There are two options for the furnishing of the proof of use:

  1. Per Shipment – If the re-melt/remanufacture is a different company for each shipment, these forms can be provided to Willson International for submission to CBP through the U.S. Regulatory Team at transitionus@willsonintl.com
  2. Annual Blanket Certification – If your company uses the same re-melt/remanufacturers for your shipment, an annual, blanket certificate would be acceptable. These must be completed by all of the individual companies. Prior to the new year, the blanket certificates should be emailed to transitionus@willsonintl.com for submission.

These regulations are set forth in 19 CFR § 54.6.  

If you have questions or concerns regarding these regulations, please contact the U.S. Regulatory team at transitionus@willsonintl.com