Adjusting Imports of Aluminum Into the United States, 49921-49926 [2020-17977]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Presidential Documents]
[Pages 49921-49926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17977]



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Vol. 85

Friday,

No. 158

August 14, 2020

Part VI





The President





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Proclamation 10060--Adjusting Imports of Aluminum Into the United 
States


                        Presidential Documents 



Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Proclamation 10060 of August 6, 2020

                
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 were 
                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.

                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 were 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 most countries. 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 9893 of May 19, 2019 (Adjusting 
                Imports of Aluminum Into the United States), I noted 
                that the United States had successfully concluded 
                discussions with Canada on satisfactory alternative 
                means to address the threatened impairment of the 
                national security posed by aluminum imports from 
                Canada. In particular, the United States agreed on a 
                range of measures with Canada that were expected to 
                allow imports of aluminum from Canada to remain stable 
                at historical levels without meaningful increases, thus 
                permitting the domestic capacity utilization to remain 
                reasonably commensurate with the target level 
                recommended in the Secretary's report. These included 
                measures to monitor for and avoid import surges.

                4. In light of this agreement, I determined that, under 
                the framework in the agreement, imports of aluminum 
                from Canada would no longer threaten to impair the 
                national security, and thus I decided to exclude Canada 
                from the tariff proclaimed in Proclamation 9704, as 
                amended. I noted that the United States would monitor 
                the implementation and effectiveness of the measures 
                agreed upon with Canada in addressing our national 
                security needs, and that I may revisit this 
                determination as appropriate.

                5. In Proclamation 9704, I also directed the Secretary 
                to monitor imports of aluminum articles and inform me 
                of any circumstances that in the Secretary's opinion 
                might indicate the need for further action under 
                section

[[Page 49922]]

                232 of the Trade Expansion Act of 1962, as amended, 
                with respect to such imports.

                6. The Secretary has now advised me that imports of 
                non-alloyed unwrought aluminum from Canada, which 
                accounted for 59 percent of total aluminum imports from 
                Canada during June 2019 through May 2020, increased 
                substantially in the twelve months following my 
                decision to exclude, on a long-term basis, Canada from 
                the tariff proclaimed in Proclamation 9704. Imports of 
                non-alloyed unwrought aluminum from Canada during June 
                2019 through May 2020 increased 87 percent compared to 
                the prior twelve-month period and exceeded the volume 
                of any full calendar year in the previous decade. 
                Moreover, imports of these articles from Canada 
                continue to increase, reaching in June of this year the 
                highest level of any month since I decided to adjust 
                imports of aluminum articles in Proclamation 9704. The 
                increase in imports of these articles from Canada is 
                principally responsible for the 27 percent increase in 
                total aluminum imports from Canada during June 2019 
                through May 2020.

                7. Canada is the largest source of United States 
                imports of non-alloyed unwrought aluminum, accounting 
                for nearly two-thirds of total imports of these 
                articles from all countries in 2019 and approximately 
                75 percent of total imports in the first five months of 
                2020. The surge in imports of these articles from 
                Canada coincides with a decrease in imports of these 
                articles from other countries and threatens to harm 
                domestic aluminum production and capacity utilization.

                8. In light of the Secretary's information, I have 
                determined that the measures agreed upon with Canada 
                are not providing an effective alternative means to 
                address the threatened impairment to our national 
                security from imports of aluminum from Canada. Thus, I 
                have determined that it is necessary and appropriate to 
                re-impose the 10 percent ad valorem tariff proclaimed 
                in Proclamation 9704, as amended, on imports of non-
                alloyed unwrought aluminum articles from Canada, 
                commensurate with the tariff imposed on such articles 
                imported from most countries.

                9. The United States will continue to monitor the 
                implementation and effectiveness of the measures agreed 
                upon with Canada in addressing our national security 
                needs, including with respect to imports of other 
                aluminum articles. In particular, the United States 
                will monitor for import surges of articles that 
                continue to be exempt from the tariff proclaimed in 
                Proclamation 9704, to ensure that exports of non-
                alloyed unwrought aluminum to the United States are not 
                simply reoriented into increased exports of alloyed, 
                further processed, or wrought aluminum articles.

                10. 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.

                11. 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 in the second sentence by deleting 
                ``and'' before ``(d)'' and inserting before the period 
                at the end: ``, (e) on or after 12:01 a.m. eastern 
                daylight time on August 16, 2020, from all countries 
                except Argentina, Australia, and Mexico; and (f) on or 
                after 12:01 a.m. eastern daylight time on August

[[Page 49923]]

                16, 2020, from Canada, except with respect to imports 
                of non-alloyed unwrought aluminum provided for in 
                subheading 7601.10, which shall be subject to the 
                additional 10 percent ad valorem rate of duty''.
                    (2) The Secretary, in consultation with U.S. 
                Customs and Border Protection 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.
                    (3) The modifications made by clause 1 of 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 16, 2020, and shall continue in 
                effect, unless such actions are expressly reduced, 
                modified, or terminated.
                    (4) Any exclusion of aluminum articles from Canada 
                granted by the Secretary of Commerce pursuant to clause 
                3 of Proclamation 9704, as amended, that has not 
                expired shall be valid under the modifications to the 
                HTSUS made by this proclamation. Previously granted 
                exclusions that have expired may be renewed.
                    (5) Any imports of non-alloyed unwrought aluminum 
                articles from Canada provided for in subheading 7601.10 
                that were admitted into a United States foreign trade 
                zone under ``privileged foreign status'' as defined in 
                19 CFR 146.41 prior to 12:01 a.m. eastern daylight time 
                on August 16, 2020, shall be subject upon entry for 
                consumption on or after such time and date to the 10 
                percent ad valorem rate of duty imposed by Proclamation 
                9704, as amended. Any imports of non-alloyed unwrought 
                aluminum articles from Canada provided for in 
                subheading 7601.10, except any articles that are 
                eligible for admission under ``domestic status'' as 
                defined in 19 CFR 146.43, that are admitted into a 
                United States foreign trade zone on or after 12:01 a.m. 
                eastern daylight time on August 16, 2020, shall be 
                admitted only as ``privileged foreign status'' as 
                defined in 19 CFR 146.41, and shall be subject upon 
                entry for consumption on or after such time and date to 
                the 10 percent ad valorem rate of duty imposed by 
                Proclamation 9704, as amended.
                    (6) Non-alloyed unwrought aluminum articles 
                provided for in subheading 7601.10 shall not be subject 
                upon entry for consumption to the duty established in 
                clause 2 of Proclamation 9704, as amended, merely by 
                reason of manufacture in a U.S. foreign trade zone. 
                However, non-alloyed unwrought aluminum articles 
                provided for in subheading 7601.10 admitted to a U.S. 
                foreign trade zone in ``privileged foreign status'' 
                pursuant to clause 5 of this proclamation, shall retain 
                that status consistent with 19 CFR 146.41(e).
                    (7) No drawback shall be available with respect to 
                the duties imposed pursuant to this proclamation.
                    (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.

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                IN WITNESS WHEREOF, I have hereunto set my hand this 
                sixth day of August, in the year of our Lord two 
                thousand twenty, and of the Independence of the United 
                States of America the two hundred and forty-fifth.
                
                
                    (Presidential Sig.)

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[FR Doc. 2020-17977
Filed 8-13-20; 11:15 a.m.]
Billing code 7020-02-C