On April 2, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) posted a draft Federal Register Notice adding two aluminum derivative products that will be subject to the previously announced 25 percent Section 232 aluminum duties/tariffs: beer and empty aluminum cans.

BIS is specifically adding malt beer (classifiable under 2203.00.00, HTSUS) and empty aluminum cans (classifiable under subheading 7612.90.10, HTSUS) to the aluminum derivatives annex. The effective date for the 25 percent derivative duties is on or after 12:01 a.m. (Eastern) on April 4, 2025. 

The draft Federal Register Notice does not provide an exemption for USMCA-qualifying beer or empty aluminum cans at this time. It is anticipated that U.S. Customs and Border Protection (CBP) will release guidance instructing the application of the 25 percent duties only on the aluminum can's value of imported malt beer. Under prior CBP guidance, if the value of the aluminum content is unknown or cannot be proved, a 25 percent  duty must be paid on the entire entered value. Furthermore, 25 percent duties will apply to aluminum content in empty aluminum cans.