83 FR 45019 - Adjusting Imports of Aluminum Into the United States
Executive Office of the President
Federal Register Volume 83, Issue 171 (September 4, 2018)
Page Range
45019-45023
FR Document
2018-19283
Federal Register, Volume 83 Issue 171 (Tuesday, September 4, 2018)
[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Presidential Documents]
[Pages 45019-45023]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-19283]
[[Page 45017]]
Vol. 83
Tuesday,
No. 171
September 4, 2018
Part II
The President
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Proclamation 9776--Adjusting Imports of Aluminum Into the United States
Proclamation 9777--Adjusting Imports of Steel Into the United States
Presidential Documents
Federal Register / Vol. 83 , No. 171 / Tuesday, September 4, 2018 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 45019]]
Proclamation 9776 of August 29, 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). The Secretary found and
advised me of his opinion 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.
In light of this conclusion, the Secretary recommended
action to adjust the imports of aluminum articles so
that such imports will not threaten to impair the
national security. The Secretary 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
domestic production capacity of comparable products, or
to exclude aluminum articles from such restrictions for
specific national security-based considerations.
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, as defined in clause 1 of Proclamation 9704,
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 these aluminum
articles by imposing a 10 percent ad valorem tariff on
such articles imported from most countries. I further
authorized the Secretary to provide relief from these
additional duties 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 also to provide such relief based on
specific national security considerations.
3. Consistent with the Secretary's recommendation that
I authorize him to exclude from any adopted import
restrictions those aluminum articles for which the
Secretary determines there is a lack of sufficient
domestic production of comparable products, or for
specific national security-based considerations, I have
determined to authorize the Secretary to provide relief
from quantitative limitations on aluminum articles
adopted pursuant to section 232 of the Trade Expansion
Act of 1962, as amended, including those set forth in
Proclamation 9758 of May 31, 2018 (Adjusting Imports of
Aluminum Into the United States), on the same basis as
the Secretary is currently authorized to provide relief
from the duty established in clause 2 of Proclamation
9704.
4. In light of my determinations, I have considered
whether it is necessary and appropriate in light of our
national security interests to make any corresponding
adjustments to the tariff or quotas imposed by previous
proclamations. It is my judgment that it is necessary
and appropriate, at this time, to maintain the current
tariff and quota levels. As directed in Proclamation
9704, the Secretary shall continue to monitor imports
of aluminum articles and inform me of any circumstances
that, in his opinion, might
[[Page 45020]]
indicate the need for further action under section 232
of the Trade Expansion Act of 1962, as amended.
5. The United States continues to hold discussions with
countries on satisfactory alternative means to address
the threatened impairment to our national security
posed by aluminum articles imports. Should these
discussions result in an agreement concerning such
alternative means, I will take further action as
appropriate.
6. 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.
7. 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) 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 quantitative limitations applicable to
aluminum articles described in subheadings 9903.85.05
and 9903.85.06 of subchapter III of chapter 99 of the
HTSUS 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 relief is made by a directly
affected party located in the United States. Such
relief may be provided to directly affected parties on
a party-by-party basis taking into account the regional
availability of particular articles, the ability to
transport articles within the United States, and any
other factors as the Secretary deems appropriate. If
the Secretary determines that relief should be granted
to a requesting party for the importation of a
particular aluminum article, the Secretary shall
publicly post such determination and notify U.S.
Customs and Border Protection (CBP) of the Department
of Homeland Security concerning such article so that it
will be excluded from the applicable quantitative
limitation. Relief granted under this clause shall
apply only to an article entered for consumption, or
withdrawn from warehouse for consumption, on or after
the date on which the request for relief is granted by
the Secretary. Until such time as any applicable
quantitative limitation for a particular article has
been reached, CBP shall count any aluminum article for
which relief is granted under this clause toward such
quantitative limitation at the time when such aluminum
article is entered for consumption or withdrawn from
warehouse for consumption. Any aluminum article for
which relief is granted under this clause shall not be
subject to the additional rate of duty set forth in
Proclamation 9704, as amended. Aluminum articles for
which relief is granted under this clause shall be
subject to the duty treatment provided in subheading
9903.85.11 of subchapter III of chapter 99 of the
HTSUS, as established by the Annex to this
proclamation.
(2) As soon as practicable, the Secretary shall
issue procedures for the requests for exclusion
described in clause 1 of this proclamation. The
issuance of such procedures is exempt from Executive
Order 13771 of January
[[Page 45021]]
30, 2017 (Reducing Regulation and Controlling
Regulatory Costs). CBP shall implement exclusions
granted pursuant to clause 1 of this proclamation as
soon as practicable.
(3) Clause 3 of Proclamation 9704, as amended by
Proclamation 9710, is further amended by striking the
fourth and fifth sentences and inserting in lieu
thereof the following two sentences: ``If the Secretary
determines that a particular aluminum article should be
excluded, the Secretary shall publicly post such
determination and notify U.S. 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. For merchandise entered for consumption,
or withdrawn from warehouse for consumption, on or
after the date the duty established under this
proclamation is effective and with respect to which
liquidation is not final, such relief shall be
retroactive to the date the request for relief was
accepted by the Department of Commerce.''.
(4) Where the government of a country identified in
the superior text to subheadings 9903.85.05 and
9903.85.06 of subchapter III of chapter 99 of the HTSUS
notifies the United States that it has established a
mechanism for the certification of exports to the
United States of products covered by the quantitative
limitations applicable to these subheadings, and where
such mechanism meets the operational requirements for
participation in an export certification system
administered by the United States, CBP, in consultation
with the Secretary, USTR, and other relevant executive
departments and agencies, may require that importers of
these products furnish relevant export certification
information in order to qualify for the treatment set
forth in subheadings 9903.85.05 and 9903.85.06. Where
CBP adopts such a requirement, it shall publish in the
Federal Register notice of the requirement and
procedures for the submission of relevant export
certification information. No article that is subject
to the export certification requirement announced in
such notice may be entered for consumption, or
withdrawn from warehouse for consumption, on or after
the effective date specified in such notice, except
upon presentation of a valid and properly executed
certification, in accordance with the procedures set
forth in the notice.
(5) Subdivision (c) of U.S. note 19 to subchapter
III of chapter 99 of the HTSUS is amended by inserting
at the end the following new sentence: ``Pursuant to
subheading 9903.85.11 and superior text thereto, the
Secretary may provide that any excluded product shall
be granted entry into the customs territory of the
United States when the applicable quantitative
limitation has filled for the specified period for such
good.''.
(6) Subdivision (d) of U.S. note 19 to subchapter
III of chapter 99 of the HTSUS is amended by inserting
after ``9903.85.06'' the phrase ``and 9903.85.11''.
(7) The superior text for subheadings 9903.85.05
and 9903.85.06 of the HTSUS is amended by deleting
``Aluminum'' and inserting in lieu thereof: ``Except as
provided in subheading 9903.85.11, aluminum''.
(8) To implement clause 1 of this proclamation,
subchapter III of chapter 99 of the HTSUS is modified
as provided in the Annex to this proclamation.
(9) The modifications to the HTSUS made by clauses
5 through 8 of this proclamation and the Annex to this
proclamation shall be effective with respect to goods
entered for consumption, or withdrawn from warehouse
for consumption, on or after 12:01 a.m. eastern
daylight time on August 30, 2018, and shall continue in
effect, unless such actions are expressly reduced,
modified, or terminated.
(10) Clause 5 of Proclamation 9704 is amended by
inserting ``for consumption'' after ``goods entered''
in the first sentence. Clause 5 of Proclamation 9710,
as amended, is amended by striking ``by this
proclamation'' from the end of the second sentence.
Clause 5 of Proclamation 9739 is amended by striking
``by clause 1 of this proclamation''.
[[Page 45022]]
(11) The Secretary, in consultation with CBP and
other relevant executive departments and agencies,
shall revise the HTSUS so that it conforms to the
amendments directed by this proclamation. The Secretary
shall publish any such modification to the HTSUS in the
Federal Register.
(12) 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
twenty-ninth day of August, in the year of our Lord two
thousand eighteen, and of the Independence of the
United States of America the two hundred and forty-
third.
(Presidential Sig.)
Billing code 3295-F8-P
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[GRAPHIC] [TIFF OMITTED] TD04SE18.006
[FR Doc. 2018-19283
Filed 8-31-18; 11:15 am]
Billing code 7020-02-C