Adjusting Imports of Aluminum Into the United States, 223-226 [2023-28995]

Agencies

• Executive Office of the President

[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Presidential Documents]
[Pages 223-226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28995]




                        Presidential Documents 



Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 223]]

                Proclamation 10690 of December 28, 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 (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 the United States has a security relationship is 
                welcome to discuss 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 clause 2 of Proclamation 9704 
                shall be effective June 1, 2018, for these countries.

                4. In Proclamation 10327 of December 27, 2021 
                (Adjusting Imports of Aluminum Into the United States), 
                I noted that the United States successfully concluded 
                discussions with the EU on behalf of the EU's member 
                countries

[[Page 224]]

                on satisfactory alternative means to address the 
                threatened impairment of the national security posed by 
                aluminum articles imports from the EU. The United 
                States and the EU 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 agreed to 
                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. Pursuant to the agreement described in Proclamation 
                10327, the United States implemented 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. I concluded 
                that these measures 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 also determined that specified volumes of 
                eligible aluminum articles imports from the EU no 
                longer threaten to impair the national security and 
                decided to exclude such imports from the EU up to a 
                designated quota from the tariff proclaimed in 
                Proclamation 9704 through December 31, 2023. I also 
                found that 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.

                6. During the past 2 years, the United States and the 
                EU have made substantial progress to identify the 
                sources of non-market excess capacity and the actions 
                needed to address distortions resulting from that non-
                market excess capacity. The United States and the EU 
                are continuing their discussions on global steel and 
                aluminum arrangements to restore market-oriented 
                conditions in their steel and aluminum sectors and 
                support the reduction of the greenhouse gas emissions 
                intensity of steel and aluminum across all modes of 
                production. These discussions are anticipated to 
                include alternative measures to prevent imports of 
                aluminum from the EU from threatening the national 
                security of the United States.

                7. In light of the ongoing discussions and joint 
                actions pursuant to the agreement described in 
                Proclamation 10327, I have 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 is to 
                continue the discussions and joint actions with the EU 
                and to extend the 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. In order to be 
                eligible for in-quota treatment, all imports of 
                aluminum articles from the EU must be accompanied by a 
                certificate of analysis. 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 of the national 
                security by restraining aluminum articles imports to 
                the United States from the EU, limiting transshipment, 
                discouraging excess aluminum capacity and production, 
                and strengthening the United States-EU partnership in a 
                fashion that will better enable future arrangements.

                8. In light of the ongoing discussions and joint 
                actions taken pursuant to the agreement described in 
                Proclamation 10327, 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, 
                2025. The United

[[Page 225]]

                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.

                9. The alternative means, including the tariff-rate 
                quota, align with the recommendations specified in the 
                original 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. The agreed-upon aggregate 
                tariff-rate quota volume specified in the 2021 
                agreement between the United States and the EU, 
                totaling 18,000 metric tons of unwrought aluminum and 
                366,040 metric tons of semi-finished wrought aluminum, 
                remains consistent with the objective of reaching and 
                sustaining a sufficient capacity utilization rate in 
                the domestic aluminum industry.

                10. 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.

                11. 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.

                12. 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) Clause 2 of Proclamation 9704, as amended, is further amended in the 
second sentence by deleting ``and'' before ``(j)'' and inserting before the 
period at the end: ``, and (k) 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, 2025, from the United Kingdom, 
for aluminum articles covered by headings 9903.85.25 through 9903.85.44, 
inclusive, and from Russia.''

(2) 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 this proclamation.

(3) 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 
implemented in Proclamation 10327 and extended in this proclamation.

(4) Aluminum articles eligible for in-quota treatment under the tariff-rate 
quota implemented in Proclamation 10327 and extended in 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

[[Page 226]]

requirement. Failure to comply could result in applicable remedies or 
penalties under United States law.

(5) U.S. note 19(a)(v) to subchapter III of chapter 99 of the HTSUS is 
amended by inserting, after the last sentence of the first paragraph, the 
sentence ``A Certificate of Analysis for a smelted (unalloyed) primary 
aluminum used in a product imported under the above subheadings, or such 
other information as may be required by U.S. Customs and Border Protection, 
must be supplied by the importer in order to make entry under this 
subdivision.''

(6) The modifications made by 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, 
2024, and shall continue in effect, unless such actions are expressly 
reduced, modified, or terminated.

(7) 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, 2024, shall be subject upon entry for 
consumption made on or after 12:01 a.m. eastern standard time on January 1, 
2024, to the provisions of the tariff-rate quota in effect at the time of 
the entry for consumption.

(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 
                twenty-eighth day of December, 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-
                eighth.
                
                
                    (Presidential Sig.)

[FR Doc. 2023-28995
Filed 1-2-24; 8:45 am]
Billing code 3395-F4-P