Adjusting Imports of Aluminum Into the United States, 13267-13276 [2023-04470]

Agencies

• Executive Office of the President

[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Presidential Documents]
[Pages 13267-13276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04470]



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Vol. 88

Thursday,

No. 41

March 2, 2023

Part III





The President





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Proclamation 10522--Adjusting Imports of Aluminum Into the United 
States



Proclamation 10523--Increasing Duties on Certain Articles From the 
Russian Federation


                        Presidential Documents 



Federal Register / Vol. 88 , No. 41 / Thursday, March 2, 2023 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Proclamation 10522 of February 24, 2023

                
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 most countries.

                3. In Proclamation 9704, the President also directed 
                the Secretary to monitor imports of aluminum articles 
                and inform the President of any circumstances that in 
                the Secretary's opinion might indicate the need for 
                further action under section 232 of the Trade Expansion 
                Act of 1962, as amended, with respect to such imports.

                4. The Secretary has informed me that the capacity 
                utilization in the domestic aluminum industry remains 
                well below the target capacity utilization level 
                recommended in the January 2018 report. The Secretary 
                has also informed me that two of the five remaining 
                aluminum smelters in the United States are in danger of 
                closing as a result of continued high levels of 
                aluminum imports and high energy prices.

                5. In the Secretary's January 2018 report, the 
                Secretary recommended that the President consider 
                applying a higher tariff to a list of specific 
                countries should the President determine that all 
                countries should not be subject to the same tariff. One 
                of the countries on that list was the Russian 
                Federation (Russia). As the Secretary explained in that 
                report, Russia is among the major exporters of aluminum 
                to the United States for domestic consumption. While 
                aluminum imports from Russia have declined from the 
                volume in the Secretary's 2018 report, Russia remains 
                the fifth largest source of imported aluminum in the 
                United States, and the imports of aluminum from Russia 
                have increased in both 2021 and 2022. Distortions that 
                result from overcapacity threaten market-oriented 
                aluminum industries and Russia's aluminum industry in 
                particular is extremely export oriented, with Russia 
                being the largest exporter of unwrought aluminum in 
                2021 and Russian domestic consumption accounting for 
                just 22 percent of Russian production across 2021 and 
                2022. United States imports of Russian aluminum 
                increased by 53 percent between March and July 2022.

                6. Russia continues its unjustified, unprovoked, 
                unyielding, and unconscionable war against Ukraine. The 
                Russian aluminum industry is a key part of Russia's 
                defense industrial base and has played a major role in 
                supplying Russia with weapons and ammunition used in 
                the war. In addition, Russia's

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                war against Ukraine has caused global energy prices to 
                rise, causing direct harm to the United States aluminum 
                industry.

                7. To further reduce imports of aluminum articles and 
                increase domestic capacity utilization, I have 
                determined that it is necessary and appropriate to 
                impose:

                    (a) beginning on March 10, 2023, a 200 percent ad 
                valorem tariff on aluminum articles that are the 
                product of Russia and derivative aluminum articles that 
                are the product of Russia; and
                    (b) beginning on April 10, 2023, a 200 percent ad 
                valorem tariff on aluminum articles where any amount of 
                primary aluminum used in the manufacture of the 
                aluminum articles is smelted in Russia, or the aluminum 
                articles are cast in Russia, and derivative aluminum 
                articles where any amount of primary aluminum used in 
                the manufacture of the derivative aluminum articles is 
                smelted in Russia, or the derivative aluminum articles 
                are cast in Russia.
                    (c) ``Primary aluminum'' is defined as new aluminum 
                metal that is produced from alumina (or aluminum oxide) 
                by the electrolytic Hall-Heroult process.

                8. The Secretary has advised me that the tariff 
                adjustment described in paragraph 7 of this 
                proclamation will be a significant step toward ensuring 
                the viability of the domestic aluminum industry.

                9. In adopting the tariff adjustment described in 
                paragraph 7 of this proclamation, I recognize that 
                concerns about aluminum imports from Russia and their 
                impact on our national security are shared by other 
                countries, and that we need to work together with our 
                partners to ensure that the global market distortions 
                caused by Russian aluminum articles do not distort our 
                markets and threaten our national security. Any country 
                that imposes a tariff of 200 percent or more on its 
                imports of aluminum articles that are products of 
                Russia may be exempt from the tariff imposed by this 
                proclamation.

                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, 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) In order to establish increases in the duty rate on imports of aluminum 
articles that are the product of Russia, or where any amount of primary 
aluminum used in the manufacture of the aluminum articles is smelted in 
Russia, or the aluminum articles are cast in Russia, subchapter III of 
chapter 99 of the HTSUS is modified as provided in the Annex to this 
proclamation. In order to establish increases in the duty rate on imports 
of derivative aluminum articles that are the product of Russia, or where 
any amount of primary aluminum used in the manufacture of the derivative 
aluminum articles is smelted in Russia, or the derivative aluminum articles 
are cast in Russia, subchapter III of chapter 99 of the HTSUS is modified 
as provided in the Annex to this proclamation.

(2) Clause 2 of Proclamation 9704, as amended, is further amended in the 
second sentence by deleting ``and'' before ``(i)'' and inserting before

[[Page 13269]]

the period at the end: ``, and (j) on or after 12:01 a.m. eastern standard 
time on March 10, 2023, from all countries except Argentina, Australia, 
Canada, Mexico, and from the member countries of the European Union through 
11:59 p.m. eastern standard time on December 31, 2023, from the United 
Kingdom, for aluminum articles covered by headings 9903.85.25 through 
9903.85.44, inclusive, and from Russia. Further, except as otherwise 
provided in notices published pursuant to clause 3 of this proclamation, 
aluminum articles imports covered by clause 1 of this proclamation that are 
products of Russia shall be subject to a 200 percent ad valorem rate of 
duty with respect to goods entered for consumption, or withdrawn from 
warehouse for consumption, on or after 12:01 a.m. eastern standard time on 
March 10, 2023; and aluminum articles imports covered by clause 1 of this 
proclamation where any amount of primary aluminum used in the manufacture 
of the aluminum articles is smelted in Russia, or the aluminum articles are 
cast in Russia, shall be subject to a 200 percent ad valorem rate of duty 
with respect to goods entered for consumption, or withdrawn from warehouse 
for consumption, on or after 12:01 a.m. eastern daylight time on April 10, 
2023.'' Clause 2 of Proclamation 9704, as amended, is further amended by 
deleting the last sentence and inserting in lieu thereof: ``These rates of 
duty, which are 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 two sentences.''

(3) The first two sentences of clause 1 of Proclamation 9980 of January 24, 
2020 (Adjusting Imports of Derivative Aluminum Articles and Derivative 
Steel Articles Into the United States), are revised to read as follows:

  ``In order to establish increases in the duty rate on imports of certain 
derivative articles, subchapter III of chapter 99 of the HTSUS is modified 
as provided in the Annex to this proclamation. Except as otherwise provided 
in this proclamation, all imports of derivative aluminum articles specified 
in the Annex to this proclamation shall be subject to an additional 10 
percent ad valorem rate of duty, and all imports of derivative steel 
articles specified in the Annex to this proclamation shall be subject to an 
additional 25 percent ad valorem rate of duty, with respect to goods 
entered for consumption, or withdrawn from warehouse for consumption, as 
follows: (i) on or after 12:01 a.m. eastern standard time on February 8, 
2020, these rates of duty, which are in addition to any other duties, fees, 
exactions, and charges applicable to such imported derivative aluminum 
articles or steel articles, shall apply to imports of derivative aluminum 
articles described in the Annex to this proclamation from all countries 
except Argentina, the Commonwealth of Australia (Australia), Canada, and 
the United Mexican States (Mexico) and to imports of derivative steel 
articles described in the Annex to this proclamation from all countries 
except Argentina, Australia, Brazil, Canada, Mexico, and South Korea; (ii) 
on or after 12:01 a.m. eastern standard time on January 1, 2022, these 
rates of duty, which are in addition to any other duties, fees, exactions, 
and charges applicable to such imported derivative aluminum articles or 
steel articles, shall apply to imports of derivative aluminum articles 
described in the Annex to this proclamation from all countries except 
Argentina, Australia, Canada, the member countries of the European Union, 
and Mexico and to imports of derivative steel articles described in the 
Annex to this proclamation from all countries except Argentina, Australia, 
Brazil, Canada, the member countries of the European Union, Mexico, and 
South Korea; (iii) on or after 12:01 a.m. eastern daylight time on April 1, 
2022, these rates of duty, which are in addition to any other duties, fees, 
exactions, and charges applicable to such imported derivative aluminum 
articles or steel articles, shall apply to imports of derivative aluminum 
articles described in the Annex to this proclamation from all countries 
except Argentina, Australia, Canada, the member countries of the European 
Union, and Mexico and to imports of derivative steel articles described in 
the Annex to this proclamation from all countries

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except Argentina, Australia, Brazil, Canada, the member countries of the 
European Union, Japan, Mexico, and South Korea; (iv) on or after 12:01 a.m. 
eastern daylight time on June 1, 2022, these rates of duty, which are in 
addition to any other duties, fees, exactions, and charges applicable to 
such imported derivative aluminum articles or steel articles, shall apply 
to imports of derivative aluminum articles described in the Annex to this 
proclamation from all countries except Argentina, Australia, Canada, the 
member countries of the European Union, and Mexico, and to imports of 
derivative steel articles described in the Annex to this proclamation from 
all countries except Argentina, Australia, Brazil, Canada, the member 
countries of the European Union, Japan, Mexico, and South Korea, and except 
from Ukraine through 11:59 p.m. eastern daylight time on June 1, 2023; (v) 
on or after 12:01 a.m. eastern daylight time on June 1, 2022, these rates 
of duty, which are in addition to any other duties, fees, exactions, and 
charges applicable to such imported derivative aluminum articles or steel 
articles, shall apply to imports of derivative aluminum articles described 
in the Annex to this proclamation from all countries except Argentina, 
Australia, Canada, the member countries of the European Union, Mexico, and 
the UK, and to imports of derivative steel articles described in the Annex 
to this proclamation from all countries except Argentina, Australia, 
Brazil, Canada, the member countries of the European Union, Japan, Mexico, 
South Korea, and the UK, and except from Ukraine through 11:59 p.m. eastern 
daylight time on June 1, 2023; and (vi) on or after 12:01 a.m. eastern 
standard time on March 10, 2023, these rates of duty, which are in addition 
to any other duties, fees, exactions, and charges applicable to such 
imported derivative aluminum articles or steel articles, shall apply to 
imports of derivative aluminum articles described in the Annex to this 
proclamation from all countries except Argentina, Australia, Canada, the 
member countries of the European Union, Mexico, the UK, and Russia, and to 
imports of derivative steel articles described in the Annex to this 
proclamation from all countries except Argentina, Australia, Brazil, 
Canada, the member countries of the European Union, Japan, Mexico, South 
Korea, and the UK, and except from Ukraine through 11:59 p.m. eastern 
daylight time on June 1, 2023. Further, except as otherwise provided in 
this proclamation, all imports of derivative aluminum articles specified in 
the Annex to this proclamation that are the product of Russia shall be 
subject to a 200 percent ad valorem rate of duty with respect to goods 
entered for consumption, or withdrawn from warehouse for consumption, on or 
after 12:01 a.m. eastern standard time on March 10, 2023; and all imports 
of derivative aluminum articles specified in the Annex to this proclamation 
where any amount of primary aluminum used in the manufacture of the 
derivative aluminum articles is smelted in Russia, or the derivative 
aluminum articles are cast in Russia, shall be subject to a 200 percent ad 
valorem rate of duty with respect to goods entered for consumption, or 
withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern 
daylight time on April 10, 2023. Primary aluminum is defined as new 
aluminum metal that is produced from alumina (or aluminum oxide) by the 
electrolytic Hall-Heroult process.''

(4) For purposes of implementing the duty increases in this proclamation, 
importers shall provide to U.S. Customs and Border Protection (CBP) 
information necessary to identify the countries where the primary aluminum 
used in the manufacture of aluminum articles imports, covered by clause 1 
of Proclamation 9704, and derivative aluminum articles, specified in Annex 
I of Proclamation 9980, are smelted and information necessary to identify 
the countries where such aluminum articles imports and derivative aluminum 
articles are cast. CBP shall implement the smelt and cast information 
requirements as soon as practicable.

(5) The modifications to the HTSUS made by 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.

[[Page 13271]]

eastern standard time on March 10, 2023, and shall continue in effect, 
unless such actions are expressly reduced, modified, or terminated.

(6) Any imports of aluminum articles that are the product of Russia shall 
not be eligible for any General Approved Exclusions as set forth in 
supplement number 3 to part 705 of title 15 of the Code of Federal 
Regulations if entered for consumption, or withdrawn from warehouse for 
consumption, on or after 12:01 a.m. eastern standard time on March 10, 
2023, and any imports of aluminum articles where any amount of primary 
aluminum used in the manufacture of the aluminum articles is smelted in 
Russia, or the aluminum articles are cast in Russia, shall not be eligible 
for any General Approved Exclusions as set forth in supplement number 3 to 
part 705 of title 15 of the Code of Federal Regulations if entered for 
consumption, or withdrawn from warehouse for consumption, on or after 12:01 
a.m. eastern daylight time on April 10, 2023. Any imports of derivative 
aluminum articles that are the product of Russia shall not be eligible for 
any General Approved Exclusions as set forth in supplement number 3 to part 
705 of title 15 of the Code of Federal Regulations if entered for 
consumption, or withdrawn from warehouse for consumption, on or after 12:01 
a.m. eastern standard time on March 10, 2023, and any imports of derivative 
aluminum articles where any amount of primary aluminum used in the 
manufacture of the derivative aluminum articles is smelted in Russia, or 
the derivative aluminum articles are cast in Russia shall not be eligible 
for any General Approved Exclusions as set forth in supplement number 3 to 
part 705 of title 15 of the Code of Federal Regulations if entered for 
consumption, or withdrawn from warehouse for consumption, on or after 12:01 
a.m. eastern daylight time on April 10, 2023.

(7) Any imports of aluminum articles that are the product of Russia shall 
not be eligible for in-quota treatment for any quota or tariff-rate quota 
maintained under the authority of section 232 of the Trade Expansion Act of 
1962, as amended, if entered for consumption, or withdrawn from warehouse 
for consumption, on or after 12:01 a.m. eastern standard time on March 10, 
2023, and any imports of aluminum articles where any amount of primary 
aluminum used in the manufacture of the aluminum articles is smelted in 
Russia, or the aluminum articles are cast in Russia shall not be eligible 
for in-quota treatment for any quota or tariff-rate quota maintained under 
the authority of section 232 of the Trade Expansion Act of 1962, as 
amended, if entered for consumption, or withdrawn from warehouse for 
consumption, on or after 12:01 a.m. eastern daylight time on April 10, 
2023.

(8) Any imports of aluminum articles or derivative aluminum articles that 
are the product of Russia, where any amount of primary aluminum used in the 
manufacture of the aluminum articles or derivative aluminum articles is 
smelted in Russia, or the aluminum articles or derivative aluminum articles 
are cast in Russia, that were admitted into a U.S. foreign trade zone under 
``privileged foreign status'' as defined in 19 CFR 146.41, shall be subject 
upon entry for consumption made on or after 12:01 a.m. eastern standard 
time on March 10, 2023, to the provisions of the tariff in effect at the 
time of the entry for consumption.

(9) 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-fourth day of February, in the year of our Lord 
                two thousand twenty-three, and of the Independence of 
                the United States of America the two hundred and forty-
                seventh.
                
                
                    (Presidential Sig.)

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[FR Doc. 2023-04470
Filed 3-1-23; 11:15 a.m.]
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