83 FR 20677 - Adjusting Imports of Aluminum Into the United States
Executive Office of the President
Federal Register Volume 83, Issue 88 (May 7, 2018)
Page Range
20677-20682
FR Document
2018-09840
Federal Register, Volume 83 Issue 88 (Monday, May 7, 2018)
[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Presidential Documents]
[Pages 20677-20682]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-09840]
[[Page 20675]]
Vol. 83
Monday,
No. 88
May 7, 2018
Part IV
The President
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Proclamation 9739--Adjusting Imports of Aluminum Into the United States
Proclamation 9740--Adjusting Imports of Steel Into the United States
Presidential Documents
Federal Register / Vol. 83 , No. 88 / Monday, May 7, 2018 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 20677]]
Proclamation 9739 of April 30, 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
articles 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. In Proclamation 9704 of March 8, 2018 (Adjusting
Imports of Aluminum Into the United States), I
concurred 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 decided to adjust the imports of aluminum
articles, as defined in clause 1 of Proclamation 9704,
by imposing a 10 percent ad valorem tariff on such
articles imported from all countries except Canada and
Mexico. I further stated that 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, and noted that, 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, adjust the tariff as it
applies to other countries, as the national security
interests of the United States require.
3. In Proclamation 9710 of March 22, 2018 (Adjusting
Imports of Aluminum Into the United States), I noted
the continuing discussions with the Argentine Republic
(Argentina), the Commonwealth of Australia (Australia),
the Federative Republic of Brazil (Brazil), Canada,
Mexico, the Republic of Korea (South Korea), and the
European Union (EU) on behalf of its member countries,
on satisfactory alternative means to address the
threatened impairment to the national security by
imports of aluminum articles from those countries.
Recognizing that each of these countries and the EU has
an important security relationship with the United
States, I determined that the necessary and appropriate
means to address the threat to national security posed
by imports of aluminum articles from these countries
was to continue the ongoing discussions and to exempt
aluminum articles imports from these countries from the
tariff proclaimed in Proclamation 9704 until May 1,
2018.
4. The United States has agreed in principle with
Argentina, Australia, and Brazil on satisfactory
alternative means to address the threatened impairment
to our national security posed by aluminum articles
imported from these countries. I have determined that
the necessary and appropriate means to address the
threat to national security posed by imports of
aluminum articles from Argentina, Australia, and Brazil
is to extend the temporary exemption of these countries
from the tariff proclaimed in Proclamation 9704, in
order to finalize the details of these satisfactory
alternative means to address the threatened impairment
to our national security posed by aluminum articles
imported from these countries. In my judgment, and
[[Page 20678]]
for the reasons I stated in paragraph 10 of
Proclamation 9710, these discussions will be most
productive if aluminum articles from Argentina,
Australia, and Brazil remain exempt from the tariff
proclaimed in Proclamation 9704, until the details can
be finalized and implemented by proclamation. Because
the United States has agreed in principle with these
countries, in my judgment, it is unnecessary to set an
expiration date for the exemptions. Nevertheless, if
the satisfactory alternative means are not finalized
shortly, I will consider re-imposing the tariff.
5. The United States is continuing discussions with
Canada, Mexico, and the EU. I have determined that the
necessary and appropriate means to address the threat
to the national security posed by imports of aluminum
articles from these countries is to continue these
discussions and to extend the temporary exemption of
these countries from the tariff proclaimed in
Proclamation 9704, at least at this time. In my
judgment, and for the reasons I stated in paragraph 10
of Proclamation 9710, these discussions will be most
productive if aluminum articles from these countries
remain exempt from the tariff proclaimed in
Proclamation 9704.
6. For the reasons I stated in paragraph 11 of
Proclamation 9710, however, the tariff imposed by
Proclamation 9704 remains an important first step in
ensuring the economic stability of our domestic
aluminum industry and removing the threatened
impairment of the national security. As a result,
unless I determine by further proclamation that the
United States has reached a satisfactory alternative
means to remove the threatened impairment to the
national security by imports of aluminum articles from
Canada, Mexico, and the member countries of the EU, the
tariff set forth in clause 2 of Proclamation 9704 shall
be effective June 1, 2018, for these countries.
7. I have determined that, in light of the ongoing
discussions that may result in long-term exclusions
from the tariff proclaimed in Proclamation 9704, it is
necessary and appropriate, at this time, to maintain
the current tariff level as it applies to other
countries.
8. 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.
9. 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 statutes affecting import treatment,
and actions thereunder, including the removal,
modification, continuance, or imposition of any rate of
duty or other import restriction.
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 232 of the Trade
Expansion Act of 1962, as amended, section 301 of title
3, United States Code, and section 604 of the Trade Act
of 1974, as amended, do hereby proclaim as follows:
(1) Imports of all aluminum articles from
Argentina, Australia, and Brazil shall be exempt from
the duty established in clause 2 of Proclamation 9704,
as amended by clause 1 of Proclamation 9710. Imports of
all aluminum articles from Canada, Mexico, and the
member countries of the EU shall be exempt from the
duty established in clause 2 of Proclamation 9704 until
12:01 a.m. eastern daylight time on June 1, 2018.
Further, clause 2 of Proclamation 9704, as amended by
clause 1 of Proclamation 9710, is also amended by
striking the last two sentences and inserting in lieu
thereof the following two sentences: ``Except as
otherwise provided in this proclamation, or in notices
published pursuant to clause 3 of this proclamation,
all aluminum articles imports specified in the Annex
shall be subject to an additional 10 percent ad valorem
rate of duty with respect to goods entered for
consumption, or withdrawn from warehouse for
consumption, as follows: (a) on or after 12:01 a.m.
eastern daylight time on March 23, 2018, from all
countries except Argentina, Australia, Brazil, Canada,
Mexico,
[[Page 20679]]
South Korea, and the member countries of the European
Union, (b) on or after 12:01 a.m. eastern daylight time
on May 1, 2018, from all countries except Argentina,
Australia, Brazil, Canada, Mexico, and the member
countries of the European Union, and (c) on or after
12:01 a.m. eastern daylight time on June 1, 2018, from
all countries except Argentina, Australia, and Brazil.
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 each country as specified in the
preceding sentence.''
(2) The exemption afforded to aluminum articles
from Canada, Mexico, and the member countries of the EU
shall apply only to aluminum articles of such countries
entered for consumption, or withdrawn from warehouse
for consumption, through the close of May 31, 2018, at
which time such countries shall be deleted from the
article description of heading 9903.85.01 of the HTSUS.
(3) Clause 5 of Proclamation 9710 is amended by
inserting the phrase ``, except those eligible for
admission under ``domestic status'' as defined in 19
CFR 146.43, which is subject to the duty imposed
pursuant to Proclamation 9704, as amended by
Proclamation 9710,'' after the words ``Any aluminum
article'' in the first and second sentences.
(4) Aluminum articles shall not be subject upon
entry for consumption to the duty established in clause
2 of Proclamation 9704, as amended by clause 1 of this
proclamation, merely by reason of manufacture in a U.S.
foreign trade zone. However, aluminum articles admitted
to a U.S. foreign trade zone in ``privileged foreign
status'' pursuant to clause 5 of Proclamation 9710, as
amended by clause 3 of this proclamation, shall retain
that status consistent with 19 CFR 146.41(e).
(5) No drawback shall be available with respect to
the duties imposed on any aluminum article pursuant to
Proclamation 9704, as amended by clause 1 of this
proclamation.
(6) The Secretary, in consultation with U.S.
Customs and Border Protection of the Department of
Homeland Security and other relevant executive
departments and agencies, shall revise the HTSUS so
that it conforms to the amendments and effective dates
directed in this proclamation. The Secretary shall
publish any such modification to the HTSUS in the
Federal Register.
(7) 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.
[[Page 20680]]
IN WITNESS WHEREOF, I have hereunto set my hand this
thirtieth day of April, 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. 2018-09840
Filed 5-4-18; 11:15 a.m.]
Billing code 7020-02-C