Adjusting Imports of Aluminum Into the United States, 6825-6831 [2021-01711]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Presidential Documents]
[Pages 6825-6831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01711]




                        Presidential Documents 



Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Proclamation 10139 of January 19, 2021

                
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. I also 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 article imports from that country and, if 
                necessary, make corresponding adjustments to the tariff 
                as it applies to other countries as the national 
                security interests of the United States require.

                3. The United States has an important security 
                relationship with the United Arab Emirates, including 
                our shared commitment to supporting each other in 
                addressing national security concerns in the Middle 
                East, particularly in countering Iran's malign 
                influence there; combatting violent extremism around 
                the world; and maintaining the strong economic ties 
                between our countries.

                4. In light of the foregoing, the United States has 
                engaged in discussions with the United Arab Emirates on 
                alternative means to address the threatened impairment 
                to our national security posed by aluminum article 
                imports from the United Arab Emirates. On the basis of 
                these discussions, the United States and the United 
                Arab Emirates have now agreed on satisfactory 
                alternative means to address this threat.

                5. The United States has successfully concluded 
                discussions with the United Arab Emirates on 
                satisfactory alternative means to address the 
                threatened impairment of the national security posed by 
                aluminum imports from the United Arab Emirates, 
                specifically a quota restricting the quantity of 
                aluminum articles imported into the United States from 
                the United Arab Emirates. This measure is expected to 
                allow imports of aluminum from the United Arab Emirates 
                to remain close to historical levels without meaningful 
                increases, thus making it more likely that domestic 
                capacity utilization will

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                be reasonably commensurate with the target level 
                recommended in the Secretary's report. In my judgment, 
                this measure will provide effective, long-term 
                alternative means to address the contribution of the 
                United Arab Emirates to the threatened impairment to 
                our national security by restraining aluminum article 
                exports from the United Arab Emirates to the United 
                States, limiting export surges by the United Arab 
                Emirates, and discouraging excess aluminum capacity and 
                excess aluminum production. In light of this agreement, 
                I have determined that aluminum article imports from 
                the United Arab Emirates will no longer threaten to 
                impair the national security and have decided to 
                exclude the United Arab Emirates from the tariff 
                proclaimed in Proclamation 9704. The United States will 
                monitor the implementation and effectiveness of the 
                measure agreed with the United Arab Emirates in 
                addressing our national security needs, and this 
                determination may be revisited, as appropriate.

                6. In light of my determination to exclude the United 
                Arab Emirates 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 measure with the United Arab Emirates, 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 in the second sentence by deleting 
                ``and'' before ``(g)'' and inserting before the period 
                at the end: ``, and (h) on or after 12:01 a.m. eastern 
                standard time on February 3, 2021, from all countries 
                except Argentina, Australia, Canada, Mexico, and the 
                United Arab Emirates.''.
                    (2) Clauses 1 and 4 of Proclamation 9776 of August 
                29, 2018 (Adjusting Imports of Aluminum Into the United 
                States) are amended by replacing, in each instance, 
                ``subheadings 9903.85.05 and 9903.85.06'' with 
                ``subheadings 9903.85.05 through 9903.85.08''.
                    (3) The ``Article Description'' for subheading 
                9903.85.01 of the HTSUS is amended by replacing ``of 
                Argentina, of Australia, of Canada, of Mexico'' with 
                ``of Argentina, of Australia, of Canada, of Mexico, of 
                the United Arab Emirates''.
                    (4) The superior text to subheading 9903.85.11 of 
                the HTSUS is amended by replacing ``of Argentina'' with 
                ``of Argentina and of the United Arab Emirates'', and 
                the ``Article Description'' for subheading 9903.85.11 
                of the HTSUS is amended by replacing ``9903.85.05 and 
                9903.85.06'' with ``9903.85.05 through 9903.85.08''.
                    (5) In order to implement quantitative limitations 
                on aluminum article imports from the United Arab 
                Emirates, subchapter III of chapter 99 of the HTSUS is 
                amended as provided for in Part A of the Annex to this 
                proclamation. For purposes of administering these 
                quantitative limitations, the annual aggregate limits 
                set out in Part B of the Annex to this proclamation

[[Page 6827]]

                shall apply for the period starting with calendar year 
                2021 and for subsequent years, unless modified or 
                terminated. The quantitative limitations for the United 
                Arab Emirates, which for calendar year 2021 shall take 
                into account all aluminum article imports since January 
                1, 2021, shall be effective for aluminum articles 
                entered for consumption, or withdrawn from warehouse 
                for consumption, on or after 12:01 a.m. eastern 
                standard time on February 3, 2021, and shall be 
                implemented by U.S. Customs and Border Protection (CBP) 
                of the Department of Homeland Security as soon as 
                practicable. The Secretary shall monitor the 
                implementation of these quantitative limitations and 
                shall, in consultation with the United States Trade 
                Representative, inform the President of any 
                circumstance that in the Secretary's opinion might 
                indicate that an adjustment of the quantitative 
                limitations is necessary.
                    (6) The modifications made by clauses 1 through 5 
                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 standard 
                time on February 3, 2021, and shall continue in effect, 
                unless such actions are expressly reduced, modified, or 
                terminated.
                    (7) Any imports of aluminum articles from the 
                United Arab Emirates that were admitted into a U.S. 
                foreign trade zone under ``privileged foreign status'' 
                as defined in 19 CFR 146.41, prior to 12:01 a.m. 
                eastern standard time on February 3, 2021, shall not be 
                subject, upon entry for consumption made on or after 
                that date and time, to the additional 10 percent ad 
                valorem rate of duty imposed by Proclamation 9704, as 
                amended, and shall be subject to the quantitative 
                limitations established in 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.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                nineteenth day of January, in the year of our Lord two 
                thousand and 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. 2021-01711
Filed 1-22-21; 8:45 am]
Billing code 7020-02-C