Consolidated Comment on the 4-12-23 Russia-related Aluminum, Copper, and Nickel-Related Service and Import Prohibitions

Last substantive commentary amendment:
Apr. 14 2024

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TURBOFAC Commentary (4428 words)

Consolidated Comment on the 4-12-23 Russia-related Aluminum, Copper, and Nickel-Related Service and Import Prohibitions

(I) BACKGROUND

(II) INTERPRETIVE ISSUES COMMON TO BOTH DETERMINATIONS
..a. The Meaning of the Term “Russian Federation origin”
...i. Substantially Transformed
...ii. “Incorporation…Into”
..b. The Meaning of the Terms Nickel, Aluminum and Copper
..c. The “Produced Prior to April 13, 2024” Exclusions

(III) INTERPRETIVE ISSUES SPECIFIC TO THE 4-12-24 IMPORT DETERMINATION

(IV) INTERPRETIVE ISSUES SPECIFIC TO THE 4-12-24 SERVICES DETERMINATION
..a. Apparent Irrelevance of the Term “Person Located in the Russian Federation”
..b. The Meaning of the Terms “Covered Metals Acquisition Services,” “Warranting Services” and “Warrant”; the Prohibition on “Acquiring”
..c. The Relevance and Meaning of the Term “Global Metal Exchange”
..d. The Meaning of the Term “Derivative Contract” and Meaning of the Prohibition of “Services to Acquire...as Part of a Physical Settlement of a Derivative...