Adjusting Imports of Aluminum Into the United States, 57339-57345 [2024-15632]

Agencies

• Executive Office of the President

[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Presidential Documents]
[Pages 57339-57345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15632]




                        Presidential Documents 



Federal Register / Vol. 89, No. 135 / Monday, July 15, 2024 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 57339]]

                Proclamation 10782 of July 10, 2024

                
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 the 
                Secretary's 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 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 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. In Proclamation 9893 of May 19, 2019 (Adjusting 
                Imports of Aluminum Into the United States), the 
                President noted that the United States had successfully 
                concluded discussions with Mexico on satisfactory 
                alternative means to address the threatened impairment 
                of the national security posed by aluminum imports from 
                Mexico. The United States agreed on a range of measures 
                with Mexico that were expected to allow imports of 
                aluminum from Mexico to remain stable at historical 
                levels without meaningful increases, thus permitting 
                the domestic capacity utilization to remain reasonably 
                commensurate with the target level recommended in the 
                Secretary's report. In the President's judgment, these 
                measures would provide effective, long-term alternative 
                means to address the contribution of Mexico's imports 
                to the threatened impairment of the national security.

                5. The President determined in Proclamation 9893 that, 
                under the framework in the agreement reached with 
                Mexico, imports of aluminum from Mexico would no longer 
                threaten to impair the national security and 
                accordingly

[[Page 57340]]

                excluded Mexico from the tariff proclaimed in 
                Proclamation 9704, as amended. The President noted that 
                the United States would monitor the implementation and 
                effectiveness of these measures in addressing our 
                national security needs, and that the President may 
                revisit this determination as appropriate.

                6. In Proclamation 9980 of January 24, 2020 (Adjusting 
                Imports of Derivative Aluminum Articles and Derivative 
                Steel Articles Into the United States), the President 
                noted that, among other things, imports of certain 
                derivatives of aluminum articles had significantly 
                increased since the imposition of tariffs and quotas on 
                imports of aluminum articles in 2018. The President 
                further noted the Secretary's assessment that foreign 
                producers increased shipments of such derivative 
                articles to the United States to circumvent the duties 
                on aluminum articles imposed in Proclamation 9704 and 
                that the net effect of the increase of imports of these 
                derivatives had been to erode the customer base for 
                United States producers of aluminum and undermine the 
                purpose of Proclamation 9704.

                7. Based on such assessments by the Secretary, the 
                President concluded in Proclamation 9980 that it was 
                necessary and appropriate in light of our national 
                security interests to adjust the tariffs imposed by 
                previous proclamations to apply to certain derivatives 
                of aluminum articles from most countries, excluding 
                Argentina, Australia, Canada, and Mexico. This action 
                was necessary and appropriate to address circumvention 
                that was undermining the effectiveness of the 
                adjustment of imports made in Proclamation 9704, as 
                amended, and to remove the threatened impairment of the 
                national security of the United States found in that 
                proclamation.

                8. The Secretary has informed me that domestic aluminum 
                producers' capacity utilization remains below the 
                target 80 percent capacity utilization recommended in 
                the Secretary's report of January 19, 2018, and imports 
                of aluminum articles from Mexico have increased 
                significantly as compared to their levels at the time 
                of Proclamation 9893. Furthermore, Mexico lacks primary 
                aluminum smelting capabilities, and the country of 
                smelt or country of most recent cast is unknown for a 
                significant volume of aluminum imports from Mexico. In 
                the Secretary's opinion, these developments indicate 
                the need for further action under section 232 of the 
                Trade Expansion Act of 1962, as amended, with respect 
                to such aluminum imports. In monitoring the 
                implementation and effectiveness of the agreement with 
                Mexico in addressing our national security needs, I 
                have determined that it is appropriate to revisit the 
                President's determination in Proclamation 9893 
                regarding the applicability of the tariff imposed in 
                Proclamation 9704 to aluminum articles imports from 
                Mexico.

                9. Accordingly, the United States will implement a 
                country of smelt and country of most recent cast 
                requirement for imports of aluminum articles that are 
                products of Mexico, and will increase the section 232 
                duty rate for imports of aluminum articles and 
                derivative aluminum articles that are products of 
                Mexico containing aluminum for which the reported 
                primary country of smelt, secondary country of smelt, 
                or country of most recent cast is China, Russia 
                (subject to paragraph 10 of this proclamation), 
                Belarus, or Iran. In order to be eligible for 
                importation free from section 232 tariffs, aluminum 
                articles and derivative aluminum articles that are 
                products of Mexico must be accompanied by a certificate 
                of analysis and must not contain primary aluminum for 
                which the reported primary country of smelt, secondary 
                country of smelt, or country of most recent cast is 
                China, Russia (subject to paragraph 10 of this 
                proclamation), Belarus, or Iran. In my judgment, these 
                measures will provide an effective, long-term 
                alternative means to address any contribution by 
                Mexican aluminum articles imports to the threatened 
                impairment of the national security by restraining 
                aluminum articles imports to the United States from 
                Mexico, limiting transshipment, and discouraging excess 
                aluminum capacity and production. The United States 
                will monitor the implementation and effectiveness of 
                the measures agreed upon with Mexico in addressing our 
                national security needs, and I may revisit this 
                determination, as appropriate.

[[Page 57341]]

                10. In Proclamation 10522 of February 24, 2023 
                (Adjusting Imports of Aluminum Into the United States), 
                the President determined that it was necessary and 
                appropriate to impose 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. Proclamation 10522 shall continue 
                to apply to aluminum articles and derivative aluminum 
                articles that are products of Mexico to the extent such 
                articles contain any primary aluminum that is smelted 
                or cast in Russia. If Proclamation 10522 is suspended, 
                this proclamation shall apply with respect to aluminum 
                articles and derivative aluminum articles that are the 
                product of Mexico and contain primary aluminum for 
                which the primary country of smelt, secondary country 
                of smelt, or country of most recent cast, is Russia. 
                While in effect, Proclamation 10522 supersedes this 
                proclamation.

                11. To prevent transshipment, excess production, or 
                other actions that would lead to increased exports of 
                aluminum articles to the United States, the United 
                States Trade Representative, in consultation with the 
                Secretary, shall advise me if there is a surge in 
                imports of aluminum articles to the United States from 
                Mexico and on the appropriate means to ensure that such 
                imports from Mexico do not undermine the national 
                security objectives of the tariff imposed in 
                Proclamation 9704, as amended. If necessary and 
                appropriate, I will consider directing the U.S. Customs 
                and Border Protection (CBP) of the Department of 
                Homeland Security to no longer exclude imports of 
                aluminum articles from Mexico from the tariff imposed 
                in Proclamation 9704, as amended.

                12. In light of my determination to adjust the tariff 
                proclaimed in Proclamation 9704, as amended, as applied 
                to eligible aluminum articles imports from Mexico, 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.

                13. 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.

                14. 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 country of smelt and country of 
                most recent cast requirement for imports of aluminum 
                articles and derivative aluminum articles from Mexico, 
                and an increase in the duty rate for imports of 
                aluminum articles and derivative aluminum articles that 
                are products of Mexico containing aluminum for which 
                the reported primary country of smelt, secondary 
                country of smelt, or country of most recent cast is 
                China, Russia (subject to paragraph 10 of this 
                proclamation), Belarus, or Iran, amendments to U.S. 
                note 19 to subchapter III of chapter 99 and new HTSUS 
                headings are provided for in the Annex to this 
                proclamation. Imports of aluminum articles and 
                derivative aluminum articles that are products of 
                Mexico shall

[[Page 57342]]

                be exempt from the new duty provided that such aluminum 
                products do not contain primary aluminum for which the 
                reported primary country of smelt, secondary country of 
                smelt, or country of most recent cast is China, Russia 
                (subject to paragraph 10 of this proclamation), 
                Belarus, or Iran.
                    (2) 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. Eligible aluminum articles must not contain 
                primary aluminum for which the reported primary country 
                of smelt, secondary country of smelt, and country of 
                most recent cast is China, Russia (subject to paragraph 
                10 of this proclamation), Belarus, or Iran. ``Primary 
                country of smelt'' is defined as the country where the 
                largest volume of new aluminum metal is produced from 
                alumina (or aluminum oxide) by the electrolytic Hall-
                H[eacute]roult process. ``Secondary country of smelt'' 
                is the country where the second largest volume of new 
                aluminum metal is produced from alumina (or aluminum 
                oxide) by the electrolytic Hall-H[eacute]roult process. 
                ``Country of most recent cast'' refers to the country 
                where the aluminum (with or without alloying elements) 
                was last liquified by heat and cast into a solid state. 
                The final solid state can take the form of either a 
                semi-finished product (slab, billets or ingots) or a 
                finished aluminum product. 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.
                    (3) For purposes of implementing this and other 
                proclamations, importers shall provide to CBP the 
                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 are smelted and information necessary 
                to identify the countries where such aluminum articles 
                imports are cast. CBP shall implement the smelt and 
                cast information requirements as soon as practicable.
                    (4) The modifications to the HTSUS made by clause 1 
                of 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 daylight time on July 10, 2024, and shall 
                continue in effect, unless such actions are expressly 
                reduced, modified, or terminated.
                    (5) Any imports of aluminum articles that are 
                products of Mexico and 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 daylight time on July 10, 2024, shall be 
                subject upon entry for consumption made on or after 
                12:01 a.m. eastern daylight time on July 10, 2024, to 
                the provisions of Proclamation 9893, Proclamation 9980, 
                and Proclamation 10522 (for imports containing aluminum 
                smelt or cast in Russia).
                    (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.

[[Page 57343]]

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

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[FR Doc. 2024-15632
Filed 7-12-24; 8:45 am]
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