Adjusting Imports of Aluminum Into the United States, 1-9 [2021-28514]

Agencies

• Executive Office of the President

[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Presidential Documents]
[Pages 1-9]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28514]




                        Presidential Documents 



Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Proclamation 10327 of December 27, 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 the President a report on 
                the Secretary's 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 the President 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.

                2. In Proclamation 9704 of March 8, 2018 (Adjusting 
                Imports of Aluminum Into the United States), the 
                President 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 by imposing a 10 percent ad valorem 
                tariff on such articles imported from all countries 
                except Canada and Mexico. Proclamation 9704 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 the President determines that 
                imports from that country no longer threaten to impair 
                the national security, the President 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), the 
                President noted the continuing discussions with the 
                European Union (EU) on behalf of its member countries 
                on satisfactory alternative means to address the 
                threatened impairment to the national security by 
                aluminum articles imported from the EU. Recognizing 
                that the EU has an important security relationship with 
                the United States, the President determined that the 
                necessary and appropriate means to address the threat 
                to the national security posed by imports of aluminum 
                articles from the member countries of the EU was to 
                continue the ongoing discussions and to exempt aluminum 
                articles imports from these countries from the tariff 
                proclaimed in Proclamation 9704 until May 1, 2018. In 
                Proclamation 9739 of April 30, 2018 (Adjusting Imports 
                of Aluminum Into the United States), the President 
                noted that, unless the President determines by further 
                proclamation that the United States has reached a 
                satisfactory alternative means to remove the threatened 
                impairment to the national security by imports of 
                aluminum articles from the member countries of the EU, 
                the tariff proclaimed in Proclamation 9704 shall be 
                effective June 1, 2018, for these countries.

                4. The United States has successfully concluded 
                discussions with the EU on behalf of its member 
                countries on satisfactory alternative means to address 
                the threatened impairment of the national security 
                posed by aluminum

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                articles imports from the EU. The United States and the 
                EU have agreed to expand coordination involving trade 
                remedies and customs matters, monitor bilateral steel 
                and aluminum trade, cooperate on addressing non-market 
                excess capacity, and annually review their arrangement 
                and their ongoing cooperation. In addition, the United 
                States and the EU will seek to conclude, by October 31, 
                2023, negotiations on global steel and aluminum 
                arrangements to restore market-oriented conditions and 
                support the reduction of carbon intensity of steel and 
                aluminum across modes of production.

                5. The United States will implement a number of 
                actions, including a tariff-rate quota that restricts 
                the quantity of aluminum articles imported into the 
                United States from the EU without the application of 
                the tariff proclaimed in Proclamation 9704. Under the 
                arrangement, aluminum articles that area accompanied by 
                a certificate of analysis are eligible for in-quota 
                treatment. In my judgment, these measures will provide 
                an effective, long-term alternative means to address 
                any contribution by EU aluminum articles imports to the 
                threatened impairment to the national security by 
                restraining aluminum articles imports to the United 
                States from the EU, limiting transshipment, and 
                discouraging excess aluminum capacity and production. 
                In light of this agreement, I have determined that 
                specified volumes of eligible aluminum articles imports 
                from the EU will no longer threaten to impair the 
                national security and have decided to exclude such 
                imports from the EU up to a designated quota from the 
                tariff proclaimed in Proclamation 9704 through December 
                31, 2023. The United States will monitor the 
                implementation and effectiveness of the tariff-rate 
                quota and other measures agreed upon with the EU in 
                addressing our national security needs, and I may 
                revisit this determination, as appropriate.

                6. The alternative means, including the tariff-rate 
                quota, align with the recommendations specified in the 
                Secretary's report assessing the effect of imports of 
                aluminum articles on the national security of the 
                United States under section 232. The agreed-upon 
                aggregate tariff-rate quota volume, totaling 18,000 
                metric tons of unwrought aluminum and 366,040 metric 
                tons of semi-finished wrought aluminum, is consistent 
                with the objective of reaching and sustaining a 
                sufficient capacity utilization rate in the domestic 
                aluminum industry.

                7. In light of my determination to adjust the tariff 
                proclaimed in Proclamation 9704 as applied to eligible 
                aluminum articles imports from the EU, 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 it is 
                necessary and appropriate, at this time, to maintain 
                the current tariff level as it applies to other 
                countries.

                8. 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.

                9. 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, JOSEPH R. BIDEN JR., 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) To establish a tariff-rate quota on imports of 
                aluminum articles from member countries of the EU as 
                described in paragraph 5 of this proclamation, U.S. 
                note 19 to subchapter III of chapter 99 of the HTSUS is 
                amended

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                as provided for in the Annex to this proclamation. 
                Imports of aluminum articles from member countries of 
                the EU in excess of the tariff-rate quota quantities 
                shall remain subject to the duties imposed by clause 2 
                of Proclamation 9704, as amended. The Secretary, in 
                consultation with the United States Trade 
                Representative and the Secretary of Homeland Security, 
                shall recommend to the President, as warranted, updates 
                to the in-quota volumes contained in the Annex to this 
                proclamation. Aluminum articles from a member country 
                of the EU imported under an exclusion granted pursuant 
                to clause 3 of Proclamation 9704, as amended, shall 
                count against the in-quota volume of the tariff-rate 
                quota established in clause 1 of this proclamation.
                    (2) 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 January 1, 2022, from all countries 
                except Argentina, Australia, Canada, Mexico, and except 
                the member countries of the European Union through 
                11:59 p.m. eastern standard time on December 31, 2023, 
                for aluminum articles covered by headings 9903.85.25 
                through 9903.85.44, inclusive.''
                    (3) Aluminum articles eligible for treatment under 
                clause 1 of this proclamation must be accompanied by a 
                certificate of analysis in order to receive such 
                treatment. The Secretary, in consultation with the 
                Secretary of Homeland Security and the United States 
                Trade Representative, is authorized to take such 
                actions as are necessary to ensure compliance with this 
                requirement. Failure to comply could result in 
                applicable remedies or penalties under United States 
                law.
                    (4) The modifications made by clauses 1 through 3 
                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 January 1, 2022, and shall continue in effect, 
                unless such actions are expressly reduced, modified, or 
                terminated.
                    (5) Any imports of aluminum articles from the 
                member countries of the EU that were admitted into a 
                United States foreign trade zone in ``privileged 
                foreign status'' as defined in 19 CFR 146.41, prior to 
                12:01 a.m. eastern standard time on January 1, 2022, 
                shall be subject upon entry for consumption made on or 
                after 12:01 a.m. eastern standard time on January 1, 
                2022, to the provisions of the tariff-rate quota in 
                effect at the time of the entry for consumption.
                    (6) 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 
                twenty-seventh day of December, 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-
                sixth.
                
                
                    (Presidential Sig.)

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[FR Doc. 2021-28514
Filed 12-30-21; 8:45 am]
Billing code 7020-02-C