83 FR 11619 - Adjusting Imports of Aluminum Into the United States
Executive Office of the President
Federal Register Volume 83, Issue 51 (March 15, 2018)
Page Range
11619-11624
FR Document
2018-05477
Federal Register, Volume 83 Issue 51 (Thursday, March 15, 2018)
[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Presidential Documents]
[Pages 11619-11624]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-05477]
[[Page 11617]]
Vol. 83
Thursday,
No. 51
March 15, 2018
Part III
The President
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Proclamation 9704--Adjusting Imports of Aluminum Into the United States
Proclamation 9705--Adjusting Imports of Steel Into the United States
Order of March 12, 2018--Regarding the Proposed Takeover of Qualcomm
Incorporated by Broadcom Limited
Presidential Documents
Federal Register / Vol. 83 , No. 51 / Thursday, March 15, 2018 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 11619]]
Proclamation 9704 of March 8, 2018
Adjusting Imports of Aluminum Into the United
States
By the President of the United States of America
A Proclamation
1. On January 19, 2018, the Secretary of Commerce
(Secretary) transmitted to me a report on his
investigation into the effect of imports of aluminum on
the national security of the United States under
section 232 of the Trade Expansion Act of 1962, as
amended (19 U.S.C. 1862).
2. The Secretary found and advised me of his opinion
that aluminum is being imported into the United States
in such quantities and under such circumstances as to
threaten to impair the national security of the United
States. The Secretary found that the present quantities
of aluminum imports and the circumstances of global
excess capacity for producing aluminum are ``weakening
our internal economy,'' leaving the United States
``almost totally reliant on foreign producers of
primary aluminum'' and ``at risk of becoming completely
reliant on foreign producers of high-purity aluminum
that is essential for key military and commercial
systems.'' Because of these risks, and the risk that
the domestic aluminum industry would become ``unable to
satisfy existing national security needs or respond to
a national security emergency that requires a large
increase in domestic production,'' and taking into
account the close relation of the economic welfare of
the Nation to our national security, see 19 U.S.C.
1862(d), the Secretary concluded that the present
quantities and circumstances of aluminum imports
threaten to impair the national security as defined in
section 232 of the Trade Expansion Act of 1962, as
amended.
3. In light of this conclusion, the Secretary
recommended actions to adjust the imports of aluminum
so that such imports will not threaten to impair the
national security. Among those recommendations was a
global tariff of 7.7 percent on imports of aluminum
articles in order to reduce imports to a level that the
Secretary assessed would enable domestic aluminum
producers to use approximately 80 percent of existing
domestic production capacity and thereby achieve long-
term economic viability through increased production.
The Secretary has also recommended that I authorize
him, in response to specific requests from affected
domestic parties, to exclude from any adopted import
restrictions those aluminum articles for which the
Secretary determines there is a lack of sufficient U.S.
production capacity of comparable products, or to
exclude aluminum articles from such restrictions for
specific national security-based considerations.
4. I concur in the Secretary's finding that aluminum
articles are being imported into the United States in
such quantities and under such circumstances as to
threaten to impair the national security of the United
States, and I have considered his recommendations.
5. Section 232 of the Trade Expansion Act of 1962, as
amended, authorizes the President to adjust the imports
of an article and its derivatives that are being
imported into the United States in such quantities or
under such circumstances as to threaten to impair the
national security.
6. Section 604 of the Trade Act of 1974, as amended (19
U.S.C. 2483), authorizes the President to embody in the
Harmonized Tariff Schedule of the United States (HTSUS)
the substance of acts affecting import treatment,
[[Page 11620]]
and actions thereunder, including the removal,
modification, continuance, or imposition of any rate of
duty or other import restriction.
7. In the exercise of these authorities, I have decided
to adjust the imports of aluminum articles by imposing
a 10 percent ad valorem tariff on aluminum articles, as
defined below, imported from all countries except
Canada and Mexico. In my judgment, this tariff is
necessary and appropriate in light of the many factors
I have considered, including the Secretary's report,
updated import and production numbers for 2017, the
failure of countries to agree on measures to reduce
global excess capacity, the continued high level of
imports since the beginning of the year, and special
circumstances that exist with respect to Canada and
Mexico. This relief will help our domestic aluminum
industry to revive idled facilities, open closed
smelters and mills, preserve necessary skills by hiring
new aluminum workers, and maintain or increase
production, which will reduce our Nation's need to rely
on foreign producers for aluminum and ensure that
domestic producers can continue to supply all the
aluminum necessary for critical industries and national
defense. Under current circumstances, this tariff is
necessary and appropriate to address the threat that
imports of aluminum articles pose to the national
security.
8. In adopting this tariff, I recognize that our Nation
has important security relationships with some
countries whose exports of aluminum to the United
States weaken our internal economy and thereby threaten
to impair the national security. I also recognize our
shared concern about global excess capacity, a
circumstance that is contributing to the threatened
impairment of the national security. Any country with
which we have a security relationship is welcome to
discuss with the United States alternative ways to
address the threatened impairment of the national
security caused by imports from that country. Should
the United States and any such country arrive at a
satisfactory alternative means to address the threat to
the national security such that I determine that
imports from that country no longer threaten to impair
the national security, I may remove or modify the
restriction on aluminum articles imports from that
country and, if necessary, make any corresponding
adjustments to the tariff as it applies to other
countries as our national security interests require.
9. I conclude that Canada and Mexico present a special
case. Given our shared commitment to supporting each
other in addressing national security concerns, our
shared commitment to addressing global excess capacity
for producing aluminum, the physical proximity of our
respective industrial bases, the robust economic
integration between our countries, the export of
aluminum produced in the United States to Canada and
Mexico, and the close relation of the economic welfare
of the United States to our national security, see 19
U.S.C. 1862(d), I have determined that the necessary
and appropriate means to address the threat to the
national security posed by imports of aluminum articles
from Canada and Mexico is to continue ongoing
discussions with these countries and to exempt aluminum
articles imports from these countries from the tariff,
at least at this time. I expect that Canada and Mexico
will take action to prevent transshipment of aluminum
articles through Canada and Mexico to the United
States.
10. In the meantime, the tariff imposed by this
proclamation is an important first step in ensuring the
economic viability of our domestic aluminum industry.
Without this tariff and satisfactory outcomes in
ongoing negotiations with Canada and Mexico, the
industry will continue to decline, leaving the United
States at risk of becoming reliant on foreign producers
of aluminum to meet our national security needs--a
situation that is fundamentally inconsistent with the
safety and security of the American people. It is my
judgment that the tariff imposed by this proclamation
is necessary and appropriate to adjust imports of
aluminum articles so that such imports will not
threaten to impair the national security as defined in
section 232 of the Trade Expansion Act of 1962, as
amended.
[[Page 11621]]
NOW, THEREFORE, I, DONALD J. TRUMP, President of the
United States of America, by the authority vested in me
by the Constitution and the laws of the United States
of America, including section 301 of title 3, United
States Code, section 604 of the Trade Act of 1974, as
amended, and section 232 of the Trade Expansion Act of
1962, as amended, do hereby proclaim as follows:
(1) For the purposes of this proclamation, ``aluminum
articles'' are defined in the Harmonized Tariff
Schedule (HTS) as: (a) unwrought aluminum (HTS 7601);
(b) aluminum bars, rods, and profiles (HTS 7604); (c)
aluminum wire (HTS 7605); (d) aluminum plate, sheet,
strip, and foil (flat rolled products) (HTS 7606 and
7607); (e) aluminum tubes and pipes and tube and pipe
fitting (HTS 7608 and 7609); and (f) aluminum castings
and forgings (HTS 7616.99.51.60 and 7616.99.51.70),
including any subsequent revisions to these HTS
classifications.
(2) In order to establish increases in the duty rate on
imports of aluminum articles, subchapter III of chapter
99 of the HTSUS is modified as provided in the Annex to
this proclamation. Except as otherwise provided in this
proclamation, or in notices published pursuant to
clause 3 of this proclamation, all imports of aluminum
articles specified in the Annex shall be subject to an
additional 10 percent ad valorem rate of duty with
respect to goods entered, or withdrawn from warehouse
for consumption, on or after 12:01 a.m. eastern
daylight time on March 23, 2018. This rate of duty,
which is in addition to any other duties, fees,
exactions, and charges applicable to such imported
aluminum articles, shall apply to imports of aluminum
articles from all countries except Canada and Mexico.
(3) The Secretary, in consultation with the Secretary
of State, the Secretary of the Treasury, the Secretary
of Defense, the United States Trade Representative
(USTR), the Assistant to the President for National
Security Affairs, the Assistant to the President for
Economic Policy, and such other senior Executive Branch
officials as the Secretary deems appropriate, is hereby
authorized to provide relief from the additional duties
set forth in clause 2 of this proclamation for any
aluminum article determined not to be produced in the
United States in a sufficient and reasonably available
amount or of a satisfactory quality and is also
authorized to provide such relief based upon specific
national security considerations. Such relief shall be
provided for an aluminum article only after a request
for exclusion is made by a directly affected party
located in the United States. If the Secretary
determines that a particular aluminum article should be
excluded, the Secretary shall, upon publishing a notice
of such determination in the Federal Register, notify
Customs and Border Protection (CBP) of the Department
of Homeland Security concerning such article so that it
will be excluded from the duties described in clause 2
of this proclamation. The Secretary shall consult with
CBP to determine whether the HTSUS provisions created
by the Annex to this proclamation should be modified in
order to ensure the proper administration of such
exclusion, and, if so, shall make such modification to
the HTSUS through a notice in the Federal Register.
(4) Within 10 days after the date of this proclamation,
the Secretary shall issue procedures for the requests
for exclusion described in clause 3 of this
proclamation. The issuance of such procedures is exempt
from Executive Order 13771 of January 30, 2017
(Reducing Regulation and Controlling Regulatory Costs).
(5) (a) The modifications to the HTSUS made by the
Annex to this proclamation shall be effective with
respect to goods entered, or withdrawn from warehouse
for consumption, on or after 12:01 a.m. eastern
daylight time on March 23, 2018, and shall continue in
effect, unless such actions are expressly reduced,
modified, or terminated.
(b) The Secretary shall continue to monitor imports
of aluminum articles and shall, from time to time, in
consultation with the Secretary of State, the Secretary
of the Treasury, the Secretary of Defense, the USTR,
the Assistant to the President for National Security
Affairs, the Assistant to
[[Page 11622]]
the President for Economic Policy, the Director of the
Office of Management and Budget, and such other senior
Executive Branch officials as the Secretary deems
appropriate, review the status of such imports with
respect to the national security. The Secretary shall
inform the President of any circumstances that in the
Secretary's opinion might indicate the need for further
action by the President under section 232 of the Trade
Expansion Act of 1962, as amended. The Secretary shall
also inform the President of any circumstance that in
the Secretary's opinion might indicate that the
increase in duty rate provided for in this proclamation
is no longer necessary.
(6) Any provision of previous proclamations and
Executive Orders that is inconsistent with the actions
taken in this proclamation is superseded to the extent
of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this
eighth day of March, in the year of our Lord two
thousand eighteen, and of the Independence of the
United States of America the two hundred and forty-
second.
(Presidential Sig.)
Billing code 3295-F8-P
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[FR Doc. 2018-05477
Filed 3-14-18; 11:15 am]
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