To Continue Facilitating Positive Adjustment to Competition From Imports of Large Residential Washers, 6541-6546 [2021-01466]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 12 (Thursday, January 21, 2021)]
[Presidential Documents]
[Pages 6541-6546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01466]



[[Page 6539]]

Vol. 86

Thursday,

No. 12

January 21, 2021

Part IV





The President





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Proclamation 10133--To Continue Facilitating Positive Adjustment to 
Competition From Imports of Large Residential Washers



Executive Order 13975--Encouraging Buy American Policies for the United 
States Postal Service



Executive Order 13976--Establishing the Wildland Fire Management Policy 
Committee


                        Presidential Documents 



Federal Register / Vol. 86 , No. 12 / Thursday, January 21, 2021 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 6541]]

                Proclamation 10133 of January 14, 2021

                
To Continue Facilitating Positive Adjustment to 
                Competition From Imports of Large Residential Washers

                By the President of the United States of America

                A Proclamation

                1. On January 23, 2018, pursuant to section 203 of the 
                Trade Act of 1974, as amended (the ``Trade Act'') (19 
                U.S.C. 2253), I issued Proclamation 9694, which imposed 
                a safeguard measure for a period of 3 years plus 1 day 
                comprising both a tariff-rate quota (TRQ) on imports of 
                large residential washers (washers) provided for in 
                subheadings 8450.11.00 and 8450.20.00 of the Harmonized 
                Tariff Schedule of the United States (HTS) and a TRQ on 
                covered washer parts provided for in subheadings 
                8450.90.20 and 8450.90.60 of the HTS. I exempted 
                covered imports from Canada and certain designated 
                beneficiary countries under the Generalized System of 
                Preferences (GSP) from the application of the measure.

                2. On May 16, 2019, I issued Proclamation 9887, which 
                removed Turkey from the list of GSP beneficiary 
                countries, and modified the safeguard measure so that 
                imports from Turkey were no longer excluded. On May 31, 
                2019, I issued Proclamation 9902, which removed India 
                from the list of GSP beneficiary countries, and 
                modified the safeguard measure so that imports from 
                India were no longer excluded.

                3. On August 7, 2019, the United States International 
                Trade Commission (ITC) issued its report pursuant to 
                section 204(a)(2) of the Trade Act (19 U.S.C. 
                2254(a)(2)), on the results of its monitoring of 
                developments with respect to the domestic washers 
                industry (ITC, Large Residential Washers: Monitoring 
                Developments in the Domestic Industry, No. TA-204-013). 
                After taking into account the information provided in 
                the ITC's report and receiving a petition from the 
                representative of the majority of the domestic 
                industry, I determined that the domestic industry had 
                begun to make positive adjustment to import competition 
                but that, despite that adjustment, increased imports of 
                washers at peak times of the year impaired the 
                effectiveness of the action I proclaimed in 
                Proclamation 9694. On January 23, 2020, pursuant to 
                sections 204(b)(1)(B) and 204(b)(2) of the Trade Act 
                (19 U.S.C. 2254(b)(1)(B) and (b)(2)), I issued 
                Proclamation 9979 to modify the action I took in 
                Proclamation 9694 by allocating on a quarterly basis, 
                within-quota quantities of 1.2 million units during the 
                third year of the action, beginning February 7, 2020.

                4. On December 8, 2020, in response to a petition by 
                the representatives of the domestic industry, the ITC 
                issued its determination and report pursuant to section 
                204(c) of the Trade Act (19 U.S.C. 2254(c)), finding 
                that the safeguard measure I imposed continues to be 
                necessary to prevent or remedy the serious injury to 
                the domestic industry, and that there is evidence that 
                the domestic industry is making a positive adjustment 
                to import competition (ITC, Large Residential Washers: 
                Extension of Action, No. TA-201-076 (Extension)).

                5. Section 203(e)(1)(B) of the Trade Act (19 U.S.C. 
                2253(e)(1)(B)) authorizes the President, after 
                receiving an affirmative determination from the ITC 
                pursuant to section 204(c) of the Trade Act (19 U.S.C. 
                2254(c)), to extend the effective period of any action 
                taken under section 203 of the Trade Act if the 
                President determines that the action continues to be 
                necessary

[[Page 6542]]

                to prevent or remedy the serious injury and there is 
                evidence that the domestic industry is making a 
                positive adjustment to import competition.

                6. Pursuant to section 203(e)(1)(B) of the Trade Act 
                (19 U.S.C. 2253(e)(1)(B)), I have determined that the 
                action continues to be necessary to prevent or remedy 
                the serious injury to the domestic washers industry and 
                there is evidence that the domestic washers industry is 
                making a positive adjustment to import competition, and 
                I have further determined to extend the safeguard 
                measure proclaimed in Proclamation 9694, as modified, 
                as follows:

                    (a) continuation of the tariff-rate quota on 
                imports of washers described in paragraph 1 of this 
                proclamation for an additional period of 2 years, with 
                unchanging within-quota quantities, annual reductions 
                in the rates of duties entered within those quantities 
                in the fourth and fifth years, and annual reductions in 
                the rates of duty applicable to goods entered in excess 
                of those quantities in the fourth and fifth years; and
                    (b) continuation of the tariff-rate quota on 
                imports of covered washer parts described in paragraph 
                1 of this proclamation for an additional period of 2 
                years, with increasing within-quota quantities and 
                annual reductions in the rates of duty applicable to 
                goods entered in excess of those quantities in the 
                fourth and fifth years.

                7. As provided in Proclamation 9694, as modified by 
                Proclamations 9887 and 9902, this safeguard measure 
                shall apply to imports from all countries, except for 
                products of Canada and except as provided in paragraph 
                8 of this proclamation.

                8. As I further provided in Proclamation 9694, as 
                modified by Proclamations 9887 and 9902, this safeguard 
                measure shall not apply to imports of any product 
                described in paragraph 1 of this proclamation of a 
                developing country that is a Member of the World Trade 
                Organization (WTO), as listed in subdivision (b)(2) of 
                Note 17 in the Annex to this proclamation, as long as 
                such country's share of total imports of the product, 
                based on imports during a recent representative period, 
                does not exceed 3 percent, provided that imports that 
                are the product of all such countries with less than 3 
                percent import share collectively account for not more 
                than 9 percent of total imports of the product. If I 
                determine that a surge in imports of a product 
                described in paragraph 1 of this proclamation of a 
                developing country that is a WTO Member results in 
                imports of that product from that developing country 
                exceeding either of the thresholds described in this 
                paragraph, the safeguard measure shall be modified to 
                apply to such product from such country. In addition, 
                if I determine within 60 days of the date of this 
                proclamation, as a result of consultations between the 
                United States and other WTO Members pursuant to Article 
                12.3 of the WTO Agreement on Safeguards, that it is 
                necessary to modify the terms of extension of the 
                safeguard measure, or to terminate the safeguard 
                measure, I shall proclaim the corresponding 
                modification or termination within 40 days of the date 
                of my determination.

                9. As I further provided in Proclamation 9694, the in-
                quota quantity in each year under the tariff-rate quota 
                described in subparagraph (a) of paragraph 6 of this 
                proclamation shall be allocated on a quarterly basis as 
                provided for in Proclamation 9979.

                10. Section 604 of the Trade Act (19 U.S.C. 2483) 
                authorizes the President to embody in the HTS the 
                substance of the relevant provisions of that Act, and 
                of other acts 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, acting under the authority 
                vested in me by the Constitution and the laws of the 
                United States, including but not limited to sections 
                203, 204, and 604 of the Trade Act, do proclaim that:

(1) In order to extend the measure applicable to imports of washers and 
covered parts described in paragraph 1 of this proclamation, subchapter

[[Page 6543]]

III of chapter 99 of the HTS is modified as set forth in the Annex to this 
proclamation. Any merchandise subject to the safeguard measure that is 
admitted into United States foreign trade zones on or after 12:01 a.m., 
eastern standard time, on February 8, 2021, must be admitted as 
``privileged foreign status'' as defined in 19 CFR 146.41, and will be 
subject upon entry for consumption to any tariffs or quantitative 
restrictions related to the classification under the applicable HTS 
subheading.

(2) Imports of washers and covered washer parts that are the product of 
Canada shall continue to be excluded from the safeguard measure extended by 
this proclamation, and such imports shall not be counted toward the tariff-
rate quota limits that trigger the over-quota rates of duty.

(3) Except as provided in clause (4) below, imports of washers and covered 
washer parts that are the product of WTO Member developing countries, as 
listed in subdivision (b)(2) of Note 17 in the Annex to this proclamation, 
shall continue to be excluded from the safeguard measure extended by this 
proclamation, and such imports shall not be counted toward the tariff-rate 
quota limits that trigger the over-quota rates of duties.

(4) If, after the extension proclaimed herein is in effect, the United 
States Trade Representative (USTR) determines that:

  (a) the share of total imports of the product of a country listed in 
subdivision (b)(2) of Note 17 in the Annex to this proclamation exceeds 3 
percent;

  (b) imports of the product from all listed countries with less than 3 
percent import share collectively account for more than 9 percent of total 
imports of the product; or

  (c) a country listed in subdivision (b)(2) of Note 17 in the Annex to 
this proclamation is no longer a developing country for purposes of this 
proclamation;

the USTR is authorized, upon publication of a notice in the Federal 
Register, to revise subdivision (b)(2) of Note 17 in the Annex to this 
proclamation to remove the relevant country from the list or suspend 
operation of that subdivision, as appropriate.

(5) If, after the extension proclaimed herein is in effect, the USTR 
determines that the out-of-quota quantity in units of covered washer parts 
entered under the tariff lines in chapter 99 enumerated in the Annex to 
this proclamation has increased by an unjustifiable amount and undermines 
the effectiveness of the safeguard measure, the USTR is authorized, upon 
publication of a notice in the Federal Register of such determination, to 
modify the HTS provisions created by the Annex to this proclamation so as 
to modify the tariff-rate quota on covered washer parts with a quantitative 
restriction on covered washer parts at a level that the USTR considers 
appropriate.

(6) In order to continue allocating, on a quarterly basis, the within-quota 
quantities of the TRQ limits applicable to imports of washers under HTS 
subheadings 8450.11.00 and 8450.20.00, subchapter III of chapter 99 of the 
HTS is modified as set forth in the Annex to this proclamation. These 
allocations shall continue in effect as provided in the Annex to this 
proclamation, unless such actions are earlier expressly reduced, modified, 
or terminated.

(7) One year from the termination of the safeguard measure established in 
this proclamation, the U.S. note and tariff provisions established in the 
Annex to this proclamation shall be deleted from the HTS.

(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 6544]]

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

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[FR Doc. 2021-01466
Filed 1-19-21; 11:15 a.m.]
Billing code 7020-02-C