[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Presidential Documents]
[Pages 3553-3562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01604]
Presidential Documents
Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 /
Presidential Documents
[[Page 3553]]
Proclamation 9694 of January 23, 2018
To Facilitate Positive Adjustment to Competition
From Imports of Large Residential Washers
By the President of the United States of America
A Proclamation
1. On December 4, 2017, the United States International
Trade Commission (ITC) transmitted to the President a
report (the ``ITC Report'') on its investigation under
section 202 of the Trade Act of 1974, as amended (the
``Trade Act'') (19 U.S.C. 2252), with respect to
imports of large residential washers (``washers''). The
product subject to the ITC's investigation and
determination excluded certain washers described in the
ITC Notice of Institution, 82 FR 27075 (June 13, 2017),
and listed in subdivision (c)(2) of Note 17 in the
Annex to this proclamation.
2. The ITC reached an affirmative determination under
section 202(b) of the Trade Act (19 U.S.C. 2252(b))
that the following products are being imported into the
United States in such increased quantities as to be a
substantial cause of serious injury, or threat of
serious injury, to the domestic industries producing
like or directly competitive articles:
(a) washers; and
(b) certain washer parts, including (i) all
cabinets, or portions thereof, designed for use in
washers; (ii) all assembled tubs designed for use in
washers which incorporate, at a minimum, a tub and a
seal; (iii) all assembled baskets designed for use in
washers which incorporate, at a minimum, a side
wrapper, a base, and a drive hub; and (iv) any
combination of the foregoing parts or subassemblies.
3. Pursuant to section 311(a) of the North American
Free Trade Agreement Implementation Act (the ``NAFTA
Implementation Act'') (19 U.S.C. 3371(a)), the ITC made
findings as to whether imports from Canada and Mexico,
considered individually, account for a substantial
share of total imports and contribute importantly to
the serious injury, or threat thereof, caused by
imports. The ITC made negative findings of contribution
to injury with respect to imports of washers from
Canada and Mexico.
4. The ITC transmitted to the President its
recommendations made pursuant to section 202(e) of the
Trade Act (19 U.S.C. 2252(e)) with respect to the
actions that, in its view, would address the serious
injury, or threat of serious injury, to the domestic
industry and be most effective in facilitating the
efforts of the industry to make a positive adjustment
to import competition.
5. 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)) and the ITC Report, I have
determined to implement action of a type described in
section 203(a)(3) of the Trade Act (19 U.S.C.
2252(a)(3)) (a ``safeguard measure''), with regard to
the following washers and covered washer parts:
(a) washers provided for in subheadings 8450.11.00
and 8450.20.00 in the Annex to this proclamation;
(b) all cabinets, or portions thereof, designed for
use in washers, and all assembled baskets designed for
use in washers that incorporate, at a
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minimum, a side wrapper, a base, and a drive hub,
provided for in subheading 8450.90.60 in the Annex to
this proclamation;
(c) all assembled tubs designed for use in washers
that incorporate, at a minimum, a tub and a seal,
provided for in subheading 8450.90.20 in the Annex to
this proclamation;
(d) any combination of the foregoing parts or
subassemblies, provided for in subheadings 8450.90.20
or 8450.90.60 in the Annex to this proclamation.
6. Pursuant to section 312(a) of the NAFTA
Implementation Act (19 U.S.C. 3372(a)), I have
determined after considering the ITC Report that (a)
imports from Canada of washers and covered washer
parts, considered individually, do not account for a
substantial share of total imports and do not
contribute importantly to the serious injury or threat
of serious injury found by the ITC; and (b) imports
from Mexico of washers and covered washer parts,
considered individually, account for a substantial
share of total imports and have contributed importantly
to the serious injury or threat of serious injury found
by the ITC. Accordingly, pursuant to section 312(b) of
the NAFTA Implementation Act (19 U.S.C. 3372(b)), I
have excluded washers and covered washer parts that are
the product of Canada from the actions I am taking
under section 203 of the Trade Act.
7. Pursuant to section 203 of the Trade Act, the action
I have determined to take shall be a safeguard measure
in the form of:
(a) a tariff-rate quota on imports of washers
described in subparagraph (a) of paragraph 5 of this
proclamation, imposed for a period of 3 years plus 1
day, with unchanging within-quota quantities, annual
reductions in the rates of duties entered within those
quantities in the second and third years, and annual
reductions in the rates of duty applicable to goods
entered in excess of those quantities in the second and
third years; and
(b) a tariff-rate quota on imports of covered
washer parts described in subparagraphs (b), (c), and
(d) of paragraph 5 of this proclamation, imposed for a
period of 3 years plus 1 day, with increasing within-
quota quantities and annual reductions in the rates of
duty applicable to goods entered in excess of those
quantities in the second and third years.
8. This safeguard measure shall apply to imports from
all countries, except for products of Canada and except
as provided in paragraph 9 of this proclamation.
9. This safeguard measure shall not apply to imports of
any product described in paragraph 5 of this
proclamation of a developing country that is a Member
of the World Trade Organization (WTO), as listed in
subdivision (b)(2) of Note 17 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 I determine that a
surge in imports of a product described in paragraph 5
of this proclamation of a developing country that is a
WTO Member results in imports of that product from that
developing country exceeding either of the thresholds
described in this paragraph, the safeguard measure
shall be modified to apply to such product from such
country.
10. The in-quota quantity in each year under the
tariff-rate quotas described in paragraph 7 of this
proclamation shall be allocated among all countries
except those countries the products of which are
excluded from such tariff-rate quota pursuant to
paragraphs 8 and 9 of this proclamation.
11. Pursuant to section 203(a)(1)(A) of the Trade Act
(19 U.S.C. 2253(a)(1)(A)), I have determined that this
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
[[Page 3555]]
and to 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 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, I shall proclaim
the corresponding reduction, modification, or
termination of the safeguard measure within 40 days.
12. If I determine that a surge in imports of covered
washer parts described in subparagraphs (b), (c), and
(d) of paragraph 5 of this proclamation undermines the
effectiveness of the safeguard measure, the safeguard
measure shall be modified by imposing a quantitative
restriction in lieu of the tariff-rate quota.
13. Section 604 of the Trade Act (19 U.S.C. 2483),
authorizes the President to embody in the Harmonized
Tariff Schedule of the United States (HTS) 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, acting under the authority
vested in me by the Constitution and the laws of the
United States, including but not limited to sections
203 and 604 of the Trade Act, section 312 of the NAFTA
Implementation Act (19 U.S.C. 3372), and section 301 of
title 3, United States Code, do proclaim that:
(1) In order to establish increases in duty and a tariff-rate quota on
imports of the washers and covered washer parts described in paragraph 5 of
this proclamation (other than excluded products), subchapter III of chapter
99 of the HTS 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 standard time, on
February 7, 2018, 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 HTS subheading.
(2) Imports of washers and covered washer parts that are the product of
Canada shall be excluded from the safeguard measure established in this
proclamation, and such imports shall not be counted toward the tariff-rate
quota limits that trigger the over-quota rates of duty.
(3) Except as provided in clause (4) below, imports of washers and covered
washer parts that are the product of WTO Member developing countries, as
listed in subdivision (b)(2) of Note 17 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 limits that trigger the over-quota rates of duties.
(4) If, after the safeguard measure established in this proclamation takes
effect, the United States Trade Representative (USTR) determines that:
(a) the share of total imports of the product of a
country listed in subdivision (b)(2) of Note 17 in the
Annex to this proclamation 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 (b)(2) of Note
17 in the Annex to this proclamation is no longer a
developing country for purposes of this proclamation;
[[Page 3556]]
the USTR is authorized, upon publication of a
notice in the Federal Register, to revise subdivision
(b)(2) of Note 17 in the Annex to this proclamation to
remove the relevant country from the list or suspend
operation of that subdivision, as appropriate.
(5) If, after the safeguard measure established in this proclamation takes
effect, the USTR determines that the out-of-quota quantity in units of
covered washer parts entered under the tariff lines in chapter 99
enumerated in the Annex to this proclamation has increased by an
unjustifiable amount and undermines the effectiveness of the safeguard
measure, the USTR is authorized, upon publishing a notice of such
determination in the Federal Register, to modify the HTS provisions created
by the Annex to this proclamation so as to modify the tariff-rate quota on
covered washer parts with a quantitative restriction on covered washer
parts at a level that the USTR considers appropriate.
(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.
(7) The modifications to the HTS made in this proclamation, including the
Annex hereto, shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern
standard time on February 7, 2018, and shall continue in effect as provided
in the Annex to this proclamation, unless such actions are earlier
expressly reduced, modified, or terminated. One 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 HTS.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-third day of January, in the year of our Lord
two thousand eighteen, and of the Independence of the
United States of America the two hundred and forty-
second.
(Presidential Sig.)
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[FR Doc. 2018-01604
Filed 1-24-18; 2 p.m.]
Billing code 7020-02-C