Adjusting Imports of Aluminum Into the United States, 25849-25855 [2018-12137]

Agencies

• Executive Office of the President

[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Presidential Documents]
[Pages 25849-25855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12137]




                        Presidential Documents 



Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 25849]]

                Proclamation 9758 of May 31, 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, 
                as amended (aluminum articles), by imposing a 10 
                percent ad valorem tariff on such articles imported 
                from most countries, beginning March 23, 2018. 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 posed 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, as amended, 
                until May 1, 2018.

                4. In Proclamation 9739 of April 30, 2018 (Adjusting 
                Imports of Aluminum Into the United States), I noted 
                that the United States had 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 
                imports from these countries and extended the temporary 
                exemption of these countries from the tariff proclaimed 
                in Proclamation 9704, as amended, in order to finalize 
                the details.

                5. The United States has agreed on a range of measures 
                with Argentina and Australia, including measures to 
                reduce excess aluminum production and excess aluminum 
                capacity, measures that will contribute to increased

[[Page 25850]]

                capacity utilization in the United States, and measures 
                to prevent the transshipment of aluminum articles and 
                avoid import surges. In my judgment, these measures 
                will provide effective, long-term alternative means to 
                address these countries' contribution to the threatened 
                impairment to our national security by restraining 
                aluminum articles exports to the United States from 
                each of them, limiting transshipment and surges, and 
                discouraging excess aluminum capacity and excess 
                aluminum production. In light of these agreements, I 
                have determined that aluminum articles imports from 
                these countries will no longer threaten to impair the 
                national security and thus have decided to exclude 
                these countries from the tariff proclaimed in 
                Proclamation 9704, as amended. The United States will 
                monitor the implementation and effectiveness of the 
                measures agreed upon with these countries to address 
                our national security needs, and I may revisit this 
                determination, as appropriate.

                6. In light of my determination to exclude, on a long-
                term basis, these countries from the tariff proclaimed 
                in Proclamation 9704, as amended, I have considered 
                whether it is necessary and appropriate in light of our 
                national security interests to make any corresponding 
                adjustments to such tariff as it applies to other 
                countries. I have determined that, in light of the 
                agreed-upon measures with these countries, and the fact 
                that the tariff will now apply to imports of aluminum 
                articles from additional countries, it is necessary and 
                appropriate, at this time, to maintain the current 
                tariff level as it applies to other countries.

                7. 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.

                8. 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) Clause 2 of Proclamation 9704, as amended, is 
                further 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, 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 and Australia. 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) In order to implement a quota treatment on 
                aluminum articles imports from Argentina, U.S. note 19 
                to subchapter III of chapter 99 of the HTSUS is amended 
                as provided for in Part A of the Annex to this 
                proclamation. U.S. Customs and Border Protection (CBP) 
                of the Department of Homeland Security shall implement 
                this quota as soon as practicable, taking into account 
                all aluminum articles imports from this country since 
                January 1, 2018.

[[Page 25851]]

                    (3) The ``Article description'' for heading 
                9903.85.01 of the HTSUS is amended by deleting ``of 
                Brazil, of Canada, of Mexico, or of the member 
                countries of the European Union''.
                    (4) For the purposes of administering the 
                quantitative limitations applicable to subheadings 
                9903.85.05 through 9903.85.06 for Argentina, the annual 
                aggregate limits set out in Part B of the Annex to this 
                proclamation shall apply for the period starting with 
                calendar year 2018 and for subsequent years, unless 
                modified or terminated. The quantitative limitations 
                applicable to subheadings 9903.85.05 through 9903.85.06 
                for Argentina, which for calendar year 2018 shall take 
                into account all aluminum articles imports from 
                Argentina since January 1, 2018, shall be effective for 
                aluminum articles entered for consumption, or withdrawn 
                from warehouse for consumption, on or after June 1, 
                2018, and shall be implemented by CBP as soon as 
                practicable, consistent with the superior text to 
                subheadings 9903.85.05 through 9903.85.06. The 
                Secretary of Commerce shall monitor the implementation 
                of the quantitative limitations applicable to 
                subheadings 9903.85.05 through 9903.85.06 and shall, in 
                consultation with the Secretary of Defense, the United 
                States Trade Representative, and such other senior 
                Executive Branch officials as the Secretary deems 
                appropriate, inform the President of any circumstance 
                that in the Secretary's opinion might indicate that an 
                adjustment of the quantitative limitations is 
                necessary.
                    (5) The Secretary of Commerce, in consultation with 
                CBP and with 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.
                    (6) Clause 5 of Proclamation 9710, as amended, is 
                amended by striking the phrase ``as amended by 
                Proclamation 9710,'' in the first and second sentences 
                and inserting in lieu thereof the following phrase: 
                ``as amended, or to the quantitative limitations 
                established by proclamation,''. Clause 5 of 
                Proclamation 9710, as amended, is further amended by 
                inserting the phrase ``or quantitative limitations'' 
                after the words ``ad valorem rates of duty'' in the 
                first and second sentences.
                    (7) Clause 4 of Proclamation 9739 is amended by 
                striking the phrase ``as amended by clause 1 of this 
                proclamation,'' and inserting in lieu thereof the 
                following phrase: ``as amended, or to the quantitative 
                limitations established by proclamation,'' in the first 
                sentence. Clause 4 of Proclamation 9739 is further 
                amended by striking the words ``by clause 3 of this 
                proclamation'' from the second sentence.
                    (8) 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 25852]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                thirty-first day of May, 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.)

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[FR Doc. 2018-12137
Filed 6-4-18; 8:45 a.m.]
Billing code 7020-02-C