[House Document 119-181]
[From the U.S. Government Publishing Office]
119th Congress, 2d Session - - - - - - - - - - - House Document 119-181
DOCUMENTS TO FACILITATE POSITIVE ADJUSTMENT TO
COMPETITION FROM IMPORTS OF QUARTZ SURFACE PRODUCTS
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
DOCUMENTS TO CONGRESS TO FACILITATE POSITIVE ADJUSTMENT TO COMPETITION
FROM IMPORTS OF QUARTZ SURFACE PRODUCTS, PURSUANT TO 19 U.S.C. 2253(b);
PUBLIC LAW 93-618, SEC. 203(b); (88 STAT. 2015)
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August 3, 2026.--Referred to the Committee on Ways and Means and
ordered to be printed
The White House,
Washington, July 31, 2026.
Hon. Mike Johnson,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: In accordance with section 203(b) of the
Trade Act of 1974, as amended (the ``Act'') (19 U.S.C.
2253(b)), I hereby transmit documents to the Congress that
describe the safeguard measures that I have proclaimed on
imports of quartz surface products, pursuant to the authority
vested in me by the Constitution and the laws of the United
States, including section 203 of the Act, and the reasons for
taking these safeguard measures.
Sincerely,
Donald J. Trump.
To Facilitate Positive Adjustment to Competition From Imports of Quartz
Surface Products
----------
By the President of the United States of America
A Proclamation
1. On May 18, 2026, the United States International Trade
Commission (ITC) transmitted to the President a report (ITC
Report) on its investigation under section 202 of the Trade Act
of 1974, as amended (Trade Act) (19 U.S.C. 2252), with respect
to imports of quartz surface products (QSP), which are
classifiable in the Harmonized Tariff Schedule of the United
States (HTSUS) in subheadings 6810.99.0020, 6810.99.0040, and
7020.00.6000.
2. The ITC reached an affirmative determination under
section 202(b) of the Trade Act (19 U.S.C. 2252(b)) that QSP is
being imported into the United States in such increased
quantities as to be a substantial cause of serious injury to
the domestic industry producing an article like or directly
competitive with the imported article.
3. Pursuant to section 301(a) of the United States-Mexico-
Canada Agreement Implementation Act (USMCA Implementation Act)
(19 U.S.C. 4551(a)), the ITC made negative findings as to
whether imports of Canada and Mexico, considered individually,
account for a substantial share of total imports and contribute
importantly to the serious injury caused by imports.
4. Pursuant to statutes implementing certain free trade
agreements to which the United States is a party, the ITC
further found that imports of QSP that are a product of
Australia, each Dominican Republic-Central America-United
States Free Trade Agreement country (i.e., Costa Rica, the
Dominican Republic, El Salvador, Guatemala, Honduras, and
Nicaragua) (CAFTA-DR countries), as well as Colombia, Jordan,
the Republic of Korea, Panama, Peru, and Singapore,
individually, are not a substantial cause of serious injury or
threat thereof.
5. Further, pursuant to section 403 of the Trade and Tariff
Act of 1984 (Public Law 98-573, 98 Stat. 2948, 3016 (1984)) (19
U.S.C. 2112 note), the ITC found that the serious injury
substantially caused by imports to the domestic industry
producing a like or directly competitive article does not
result from the reduction or elimination of any duty provided
for under the United States-Israel Free Trade Agreement. The
ITC also found, pursuant to section 213(e) of the Caribbean
Basin Economic Recovery Act (CBERA) (Public Law 98-67, 97 Stat.
369 (1983)) (19 U.S.C. 2703 (e)), that the serious injury
substantially caused by imports to the domestic industry
producing a like or directly competitive article does not
result from duty-free treatment provided for under the CBERA
provisions of the Caribbean Basin Initiative trade program or
the Generalized System of Preferences program.
6. The ITC Commissioners who voted in the affirmative on
serious injury transmitted to the President their individual
conclusions that each of the recommendations considered would
address the serious injury to the domestic industry and be most
effective in facilitating the efforts of the domestic industry
to make a positive adjustment to import competition.
7. On June 2, 2026, the United States Trade Representative
(Trade Representative) requested additional information from
the ITC under section 203(a)(5) of the Trade Act (19 U.S.C.
2253(a)(5)). On July 2, 2026, the ITC provided a response that
identified unforeseen developments that led to the importation
of QSP into the United States in such increased quantities as
to be a substantial cause of serious injury (ITC Supplemental
Report). The ITC Supplemental Report also stated, among other
things, that increased imports of QSP of all countries other
than Australia, Canada, the CAFTA-DR countries, Colombia,
Israel, Jordan, the Republic of Korea, Mexico, Panama, Peru,
Singapore, and CBERA beneficiaries are a substantial cause of
serious injury to the domestic industry.
8. Pursuant to section 203 of the Trade Act (19 U.S.C.
2253), and after taking into account the considerations
specified in section 203(a)(2) of the Trade Act (19 U.S.C.
2253(a)(2)), the ITC Report, and the ITC Supplemental Report, I
determine that it is appropriate and feasible to take action of
a type described in section 203(a)(3) of the Trade Act (19
U.S.C. 2253(a)(3)) (safeguard measure) with regard to QSP
described in the ITC's Notice of Institution, 90 Fed. Reg.
55165 (Dec. 1, 2025), listed in subdivision (a) of Note 41 in
the Annex to this proclamation, and classifiable in the HTSUS
in subheadings 6810.99.0020, 6810.99.0040, and 7020.00.6000.
9. Specifically, I determine that it is appropriate and
feasible to impose a safeguard measure in the form of a tariff-
rate quota on imports of QSP as described in paragraph 8 of
this proclamation, for a period of 4 years, with annual
increases in the within-quota quantities and reductions in the
rates of duty applicable to goods entered within and in excess
of those quantities in the second, third, and fourth years, as
provided in the Annex to this proclamation.
10. The safeguard measure shall apply to imports of all
countries, except as provided in paragraphs 11 through 14 of
this proclamation.
11. The safeguard measure set forth in this proclamation
shall not apply to imports of any product of a developing
country, as listed in subdivision (c) of Note 41 in the Annex
to this proclamation, as long as such a country's share of
total imports of the product, based on imports during a recent
representative period, does not exceed 3 percent, provided that
imports that are the product of all such countries with less
than 3 percent import share collectively account for not more
than 9 percent of total imports of the product. If a surge in
imports of a product described in paragraph 8 of this
proclamation of a developing country that is a World Trade
Organization (WTO) Member results in imports of that product
from that developing country exceeding either of the thresholds
described in this paragraph, this action shall be modified to
apply to such product of such country, as further described in
this proclamation.
12. Pursuant to section 302(a) of the USMCA Implementation
Act (19 U.S.C. 4552(a)), I determine, after considering the ITC
Report and the ITC Supplemental Report and after taking into
account the considerations specified in section 203(a)(2) of
the Trade Act (19 U.S.C. 2253(a)(2)), that imports of QSP that
are the product of Canada and Mexico, considered individually,
do not account for a substantial share of total imports and do
not contribute importantly to the serious injury found by the
ITC. Accordingly, pursuant to section 302(b) of the USMCA
Implementation Act (19 U.S.C. 4552(b)), I exclude QSP that is
the product of Canada or Mexico from the action taken in this
proclamation under section 203 of the Trade Act (19 U.S.C.
2253).
13. After considering the ITC Report and the ITC
Supplemental Report and after taking into account the
considerations specified in section 203(a)(2) of the Trade Act
(19 U.S.C. 2253(a)(2)), I also make the following
determinations with regard to QSP that is the product of the
following trading partners:
(a) I determine that imports of QSP that are the
product of Australia are not a substantial cause of the
serious injury found by the ITC. I determine that such
imports that are the product of Australia shall be
excluded from the action taken in this proclamation,
pursuant to section 331(b) of the United States-
Australia Free Trade Agreement Implementation Act
(Public Law 108-286, 118 Stat. 919, 949 (2004)) (19
U.S.C. 3805 notice).
(b) In light of the ITC's finding that imports of QSP
that are the product of each CAFTA-DR country
individually are not a substantial cause of serious
injury or threat thereof, I determine that such imports
that are the product of each of the CAFTA-DR countries
shall be excluded from the action taken in this
proclamation, pursuant to section 331(b) of the
Dominican Republic-Central America-United States Free
Trade Agreement Implementation Act (CARTA-DR
Implementation Act) (Public Law 109-53, 119 Stat. 462,
495 (2005)) (19 U.S.C. 4101 (b)).
(c) In light of the ITC's finding that imports of QSP
that are the product of Colombia are not a substantial
cause of serious injury or threat thereof, I determine
that such imports that are the product of Colombia
shall be excluded from the action taken in this
proclamation, pursuant to section 331(b) of the United
States-Colombia Trade Promotion Agreement
Implementation Act (Public Law 112-42, 125 Stat. 462 ,
494 (2011)) (19 U.S.C. 3805 note).
(d) In light of the ITC's finding that the serious
injury substantially caused by imports to the domestic
industry producing a like or directly competitive
article does not result from the reduction or
elimination of any duty provided for under the United
States-Israel Free Trade Agreement, I determine, as
part of the action taken in this proclamation under
section 203 of the Trade Act (19 U.S.C. 2253), not to
suspend the reduction 6 or elimination of any duty on
imports of QSP that are the product of Israel, pursuant
to section 403 of the Trade and Tariff Act of 1984 (19
U.S.C. 2112 note).
(e) In light of the ITC's finding that imports of QSP
that are the product of the Republic of Korea are not a
substantial cause of serious injury or threat thereof,
I determine that such imports that are the product of
the Republic of Korea shall be excluded from the action
taken in this proclamation, pursuant to section 341(b)
of the United States-Korea Free Trade Agreement
Implementation Act (Public Law 112-41, 125 Stat. 428,
459 (2011)) (19 U.S.C. 3805 note).
(f) In light of the ITC's finding that imports of QSP
that are the produce of Panama are not a substantial
cause of serious injury or threat thereof, I determine
that such imports that are the product of Panama shall
be excluded from the action taken in this proclamation,
pursuant to section 331(b) of the United States-Panama
Trade Promotion Agreement Implementation Act (Public
Law 112-43, 125 Stat. 497, 529 (2011)) (19 U.S.C. 3805
note).
(g) In light of the ITC's finding that imports of QSP
that are the product of Peru are not a substantial
cause of serious injury or threat thereof, I determine
that such imports that are the product of Peru shall be
excluded from the action taken in this proclamation,
pursuant to section 331(b) of the Untied States-Peru
Trade Promotion Agreement Implementation Act (Public
Law 110-138, 121 Stat. 1455, 1486 (2007)) (19 U.S.C.
3805 note).
(h) In light of the ITC's finding that imports of QSP
that are the product of Singapore are not a substantial
cause of serious injury or threat thereof, I determine
that imports of QSP that are the product of Singapore
are not a substantial cause of the serious injury found
by the ITC. I therefore determine that such imports
that are the product of Singapore shall be excluded
from the action taken in this proclamation, pursuant to
section 331(b) of the United States-Singapore Free
Trade Agreement Implementation Act (Public Law 108-78,
117 Stat. 948, 970 (2003)) (19 U.S.C. 3805 note).
(i) In light of the ITC's finding that the serious
injury substantially caused by imports to the domestic
industry producing a like or directly competitive
article does not result from duty-free treatment
provided under the CBERA provisions of the Caribbean
Basin Initiative trade program, I determine, as part of
the action taken in this proclamation under section 203
of the Trade Act (19 U.S.C. 2253), not to suspend duty-
free treatment pursuant to section 213(e)(1) of CBERA
(19 U.S.C. 2703(e)(1)) with respect to imports of QSP
that are the product of any CBERA beneficiary country
or territory.
14. While the ITC recommended excluding Jordan from this
action under the United States-Jordan Free Trade Area
Implementation Act (Public Law 107-43, 115 Stat. 243 (2001))
(19 U.S.C. 2112 note), I instead determine that such imports
that are the product of Jordan shall be excluded from the
action taken in paragraph 9 of this proclamation because Jordan
is a developing country.
15. Pursuant to section 203(a)(1)(A) of the Trade Act (19
U.S.C. 2253 (a)(1)(A)), I determine that the safeguard measure
will facilitate efforts by the domestic industry to make a
positive adjustment to import competition and provide greater
economic and social benefits than costs. If I determine that
further action is appropriate and feasible to facilitate
efforts by the domestic industry to make a positive adjustment
to import competition and provide greater economic and social
benefits than costs, or if I determine that the conditions
under section 204(b)(1) of the Trade Act (19 U.S.C. 2254(b)(1))
are met, I shall reduce, modify, or terminate the action
established in this proclamation accordingly. In addition, if I
determine within 30 days of the date of this proclamation, as a
result of consultations between the United States and one or
more other WTO Members pursuant to Article 12.3 of the WTO
Agreement on Safeguards, that it is necessary to reduce,
modify, or terminate the safeguard measure, the corresponding
reduction, modification, or termination of the safeguard
measure shall be imposed within 40 days of the date of this
proclamation.
16. In my judgment, and after taking into account the
considerations specified in section 203(a)(2) of the Trade Act
(19 U.S.C. 2253(a)(2)), the ITC Report, and the ITC
Supplemental Report, I determine that the action taken in this
proclamation, including its extent and duration, is appropriate
and feasible and will facilitate efforts by the domestic
industry to make a positive adjustment to import competition
and provide greater economic and social benefits than costs.
17. Section 604 of the Trade Act (19 U.S.C. 2483)
authorizes the President to embody in the HTSUS the substance
of the relevant provisions of that Act, and of other acts
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, including
sections 201, 203, 204, and 604 of the Trade Act (19 U.S.C.
2251, 2253, 2254, and 2483); section 302 of the USMCA
Implementation Act (19 U.S.C. 4552); section 331(b) of the
United States-Australia Free Trade Agreement Implementation Act
(19 U.S.C. 3805 note); section 331(b) of the CAFTA-DR
Implementation Act (19 U.S.C. 4101(b)); section 331(b) of the
United States-Colombia Free Trade Promotion Agreement
Implementation Act (19 U.S.C. 3805 note); section 403 of the
Trade and Tariff Act of 1984 (19 U.S.C. 2112 note); section
331(b) of the United States-Panama Trade Promotion Agreement
Implementation Act (19 U.S.C. 3805 note); section 331(b) of the
United States-Peru Trade Promotion Agreement Implementation Act
(19 U.S.C. 3805 note); section 341(b) of the United States-
Korea Free Trade Agreement Implementation Act (19 U.S.C. 3805
note); section 331(b) of the United States-Singapore Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note); section
213(e) of CBERA (19 U.S.C. 2703(e)); and section 301 of title
3, United States Code, do hereby proclaim that:
(1) To establish a tariff-rate quota on imports of
the QSP products described in paragraph 8 of this
proclamation, subchapter III of chapter 99 of the HTSUS
is modified as provided in the Annex to this
proclamation. Any merchandise subject to the safeguard
measure that is admitted into U.S. foreign trade zones
on or after 12:01 a.m. eastern time on August 15, 2026,
must be admitted as ``privileged foreign status'' as
defined in 19 CFR 146.41, and will be subject upon
entry for consumption to any quantitative restrictions
or tariffs related to the classification under the
applicable HTSUS subheading.
(2) Except as otherwise provided in this
proclamation, imports of QSP that are the product of
Australia, Canada, the CAFTA-DR countries, CBERA
beneficiary countries and territories, Colombia, the
Republic of Korea, Israel, Mexico, Panama, Peru, or
Singapore shall be excluded from the safeguard measure
established in this proclamation, and such imports
shall not be counted toward the tariff-rate quota.
(3) Except as provided in clause (4) of this
proclamation, imports of QSP that are the product of
developing countries, as listed in subdivision (c) of
Note 41 in the Annex to this proclamation, shall be
excluded from the safeguard measure established in this
proclamation, and such imports shall not be counted
toward the tariff-rate quota.
(4) The Trade Representative is authorized, upon
publication of a notice in the Federal Register, to
revise subdivision (c) of Note 41 in the Annex to this
proclamation to remove a country from the list or
suspend operation of that subdivision, as appropriate,
if, after the safeguard measure established in this
proclamation takes effect, I or the Trade
Representative determines that:
(a) the share of total imports of the product
of a country listed in subdivision (c) of Note
41 in the Annex to this proclamation, based on
imports during a recent representative period,
exceeds 3 percent;
(b) imports of the product from all listed
countries with less than 3 percent import share
collectively account for more than 9 percent of
total imports of the product; or
(c) a country listed in subdivision (c) of
Note 41 in the Annex to this proclamation is no
longer a developing country for purposes of
this proclamation.
(5) If, after the safeguard measure established in
this proclamation takes effect, I determine, or the
Trade Representative determines, that circumvention of
the action taken in this proclamation is occurring,
then the Trade Representative is authorized, at the
direction of, or with the concurrence of, the
President, to take additional action, including under
sections 203 and 204(b)(2) of the Trade Act (19 U.S.C.
2253, 2254(b)(2)), as may be necessary to eliminate the
circumvention. To implement any additional action to
address circumvention, the Trade Representative is
authorized, upon publication of a notice in the Federal
Register, to revise Note 41 in the Annex to this
proclamation, as appropriate.
(6) If, after the safeguard measure established in
this proclamation takes effect, I determine, or the
Trade Representative determines, that there is a surge
in imports of QSP from any country excluded pursuant to
clause (2) of this proclamation, then the Trade
Representative shall extend the safeguard measure in
this proclamation to imports of QSP from the country in
which the surge is occurring. The Trade Representative
is also authorized, at the direction of, or with the
approval of, the President, to take any other
additional appropriate and feasible action to address
the import surge, including pursuant to section 302(c)
of the USMCA Implementation Act (19 U.S.C. 4552(c)) or
section 204(b)(2) of the Trade Act (19 U.S.C.
2254(b)(2)). The Trade Representative is authorized,
upon publication of a notice in the Federal Register,
to revise Note 41 in the Annex to this proclamation to
address the import surge, as appropriate.
(7) The Trade Representative is authorized, at the
direction of, or with the approval of, the President,
to exercise the authority in section 302(c) of the
USMCA Implementation Act (19 U.S.C. 4552(c)) with
regard to imports of QSP from either Canada or Mexico,
including upon publication of a notice in the Federal
Register, to revise Note 41 in the Annex to this
proclamation, as appropriate. Nothing in this clause
shall be construed to limit the scope of clause (6) of
this proclamation.
(8) I authorize the Trade Representative to negotiate
agreements with foreign trade partners pursuant to
section 203(a)(3)(E) and 203(f) of the Trade Act (19
U.S.C. 2253(a)(3)(E), (f)). Such agreements must
include conditions limiting the export from foreign
trading partners and the import into the United States
of QSP. Such agreements may also include commitments to
invest in QSP production, to include production of
unfinished QSP slabs, in the United States. If the
Trade Representative concludes an agreement that the
Trade Representative, in consultation with any senior
official he deems appropriate, determines will ensure
that imports of a trading partner do not undermine the
effectiveness of the action set forth in this
proclamation, the Trade Representative is authorized,
with the approval of the President and by publication
of a notice in the Federal Register, to revise note 41
in the Annex to this proclamation to suspend
application of that subdivision, in whole or in part,
as appropriate, with respect to imports of such trading
partner. If the Trade Representative subsequently
determines, in consultation with any senior official he
deems appropriate, that such an agreement is not
effective, the Trade Representative is authorized, with
the approval of the President and by publication of a
notice in the Federal Register, to revise note 41 to
terminate any previous suspension of the action with
respect to imports of such trading partner.
(9) The modifications to the HTSUS made by this
proclamation, including the Annex to this proclamation,
shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after
12:01 a.m. eastern time on August 15, 2026, and shall
continue in effect as provided in the Annex to this
proclamation, unless such actions are earlier expressly
reduced, modified, or terminated.
(10) No later than 1 year from the termination of the
safeguard measure established in this proclamation, the
U.S. note and tariff provisions established in the
Annex to this proclamation shall be deleted from the
HTSUS.
(11) The Trade Representative shall determine whether
any modifications to the HTSUS are necessary or
appropriate to effectuate or implement this
proclamation or any actions taken pursuant to this
proclamation, and shall make such modifications, if
any, through notice in the Federal Register. The Trade
Representative may also make any technical or
ministerial corrections to the Annex to this
proclamation.
(12) To the extent consistent with applicable law,
the Trade Representative and the Secretary of Homeland
Security are directed and authorized to take all
actions that are appropriate to implement and
effectuate this proclamation and any actions
contemplated by this proclamation--including through
amendment of regulations or through notices in the
Federal Register and by adopting rules, regulations, or
guidance--and to employ all powers granted to the
President, including by sections 201, 203, and 204 of
the Trade Act and section 302(c) of the USMCA
Implementation Act (19 U.S.C. 4552(c)), as may be
appropriate to implement and effectuate this
proclamation and any actions contemplated by this
proclamation, including to make any technical or
ministerial corrections to the Annex to this
proclamation. The head of each executive department and
agency (agency) is authorized to and shall take all
appropriate measures within the agency's authority to
implement this proclamation. The head of each agency
may, consistent with applicable law, including section
301 of title 3, United States Code, redelegate the
authority to take such appropriate measures within the
agency.
(13) Any provision of previous proclamations and
Executive Orders that is inconsistent with the action
taken in this proclamation is superseded to the extent
of such inconsistency.
(14) If any provision of this proclamation or the
application of any provision of this proclamation to
any individual or circumstance is held to be invalid,
the remainder of this proclamation and the application
of its provisions to any other individual or
circumstance shall not be affected.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirty-first day of July, in the year of our Lord two thousand
twenty-six, and of the Independence of the United States of
America the two hundred and fifty-first.
Donald J. Trump.
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