[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Presidential Documents]
[Pages 13355-13359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06420]



[[Page 13353]]

Vol. 83

Wednesday,

No. 60

March 28, 2018

Part II





The President





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Proclamation 9710--Adjusting Imports of Aluminum Into the United States



Proclamation 9711--Adjusting Imports of Steel Into the United States



Memorandum of March 23, 2018--Military Service by Transgender 
Individuals
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                         Presidential Documents 
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  Federal Register / Vol. 83 , No. 60 / Wednesday, March 28, 2018 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 13355]]

                Proclamation 9710 of March 22, 2018

                
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 me a report on his 
                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).

                2. In Proclamation 9704 of March 8, 2018 (Adjusting 
                Imports of Aluminum Into the United States), I 
                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, as defined in clause 1 of Proclamation 9704 
                (aluminum articles), by imposing a 10 percent ad 
                valorem tariff on such articles imported from all 
                countries except Canada and Mexico.

                3. In proclaiming this tariff, I recognized that our 
                Nation has important security relationships with some 
                countries whose exports of aluminum articles to the 
                United States weaken our internal economy and thereby 
                threaten to impair the national security. I also 
                recognized our shared concern about global excess 
                capacity, a circumstance that is contributing to the 
                threatened impairment of the national security. I 
                further determined that any country with which we have 
                a security relationship is welcome to discuss with the 
                United States 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 I determine that 
                imports from that country no longer threaten to impair 
                the national security, I 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.

                4. The United States is continuing discussions with 
                Canada and Mexico, as well as the following countries, 
                on satisfactory alternative means to address the 
                threatened impairment to the national security by 
                imports of aluminum articles from those countries: the 
                Commonwealth of Australia (Australia), the Argentine 
                Republic (Argentina), the Republic of Korea (South 
                Korea), the Federative Republic of Brazil (Brazil), and 
                the European Union (EU) on behalf of its member 
                countries. Each of these countries has an important 
                security relationship with the United States and I have 
                determined that the necessary and appropriate means to 
                address the threat to the national security posed by 
                imports from aluminum articles from these countries is 
                to continue these discussions and to exempt aluminum 
                articles imports from these countries from the tariff, 
                at least at this time. Any country not listed in this 
                proclamation with which we have a security relationship 
                remains welcome to discuss with the United States 
                alternative ways to address the threatened impairment 
                of the national security caused by imports of aluminum 
                articles from that country.

                5. The United States has an important security 
                relationship with Australia, including our shared 
                commitment to supporting each other in addressing

[[Page 13356]]

                national security concerns, particularly through our 
                security, defense, and intelligence partnership; the 
                strong economic and strategic partnership between our 
                countries; our shared commitment to addressing global 
                excess capacity in aluminum production; and the 
                integration of Australian persons and organizations 
                into the national technology and industrial base of the 
                United States.

                6. The United States has an important security 
                relationship with Argentina, including our shared 
                commitment to supporting each other in addressing 
                national security concerns in Latin America, 
                particularly the threat posed by instability in 
                Venezuela; our shared commitment to addressing global 
                excess capacity in aluminum production; the reciprocal 
                investment in our respective industrial bases; and the 
                strong economic integration between our countries.

                7. The United States has an important security 
                relationship with South Korea, including our shared 
                commitment to eliminating the North Korean nuclear 
                threat; our decades-old military alliance; our shared 
                commitment to addressing global excess capacity in 
                aluminum production; and our strong economic and 
                strategic partnership.

                8. The United States has an important security 
                relationship with Brazil, including our shared 
                commitment to supporting each other in addressing 
                national security concerns in Latin America; our shared 
                commitment to addressing global excess capacity in 
                aluminum production; the reciprocal investment in our 
                respective industrial bases; and the strong economic 
                integration between our countries.

                9. The United States has an important security 
                relationship with the EU and its constituent member 
                countries, including our shared commitment to 
                supporting each other in national security concerns; 
                the strong economic and strategic partnership between 
                the United States and the EU, and between the United 
                States and EU member countries; and our shared 
                commitment to addressing global excess capacity in 
                aluminum production.

                10. In light of the foregoing, I have determined that 
                the necessary and appropriate means to address the 
                threat to the national security posed by imports of 
                aluminum articles from these countries is to continue 
                ongoing discussions and to increase strategic 
                partnerships, including those with respect to reducing 
                global excess capacity in aluminum production by 
                addressing its root causes. In my judgment, discussions 
                regarding measures to reduce excess aluminum production 
                and excess aluminum capacity, measures that will 
                increase domestic capacity utilization, and other 
                satisfactory alternative means will be most productive 
                if the tariff proclaimed in Proclamation 9704 on 
                aluminum articles imports from these countries is 
                removed at this time.

                11. However, the tariff imposed by Proclamation 9704 
                remains an important first step in ensuring the 
                economic viability of our domestic aluminum industry 
                and removing the threatened impairment of the national 
                security. Without this tariff and the adoption of 
                satisfactory alternative means addressing long-term 
                solutions in ongoing discussions with the countries 
                listed as excepted in clause 1 of this proclamation, 
                the industry will continue to decline, leaving the 
                United States at risk of becoming reliant on foreign 
                producers of aluminum to meet our national security 
                needs--a situation that is fundamentally inconsistent 
                with the safety and security of the American people. As 
                a result, unless I determine 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 a particular country listed as excepted 
                in clause 1 of this proclamation, the tariff set forth 
                in clause 2 of Proclamation 9704 shall be effective May 
                1, 2018, for the countries listed as excepted in clause 
                1 of this proclamation. In the event that a 
                satisfactory alternative means is reached such that I 
                decide to exclude on a long-term basis a particular 
                country from the tariff proclaimed in Proclamation 
                9704, I will also consider whether it is necessary and 
                appropriate in light of our national security

[[Page 13357]]

                interests to make any corresponding adjustments to the 
                tariff set forth in clause 2 of Proclamation 9704 as it 
                applies to other countries. Because the current tariff 
                exemptions are temporary, however, I have determined 
                that it is necessary and appropriate to maintain the 
                current tariff level at this time.

                12. In the meantime, 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 and the Assistant to 
                the President for Economic Policy, shall advise me on 
                the appropriate means to ensure that imports from 
                countries exempt from the tariff imposed in 
                Proclamation 9704 do not undermine the national 
                security objectives of such tariff. If necessary and 
                appropriate, I will consider directing U.S. Customs and 
                Border Protection (CBP) of the Department of Homeland 
                Security to implement a quota as soon as practicable, 
                and will take into account all aluminum articles 
                imports since January 1, 2018, in setting the amount of 
                such quota.

                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, 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 
                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) Imports of all aluminum articles, as defined in 
                clause 1 of Proclamation 9704, from the countries 
                listed in this clause shall be exempt from the duty 
                established in clause 2 of Proclamation 9704 until 
                12:01 a.m. eastern daylight time on May 1, 2018. 
                Further, clause 2 of Proclamation 9704 is amended by 
                striking the last two sentences and inserting the 
                following two sentences: ``Except as otherwise provided 
                in this proclamation, or in notices published pursuant 
                to clause 3 of this proclamation, all aluminum articles 
                imports specified in the Annex shall be subject to an 
                additional 10 percent ad valorem rate of duty with 
                respect to goods entered, or withdrawn from warehouse 
                for consumption, as follows: (a) on or after 12:01 a.m. 
                eastern daylight time on March 23, 2018, from all 
                countries except Canada, Mexico, Australia, Argentina, 
                South Korea, Brazil, and the member countries of the 
                European Union, and (b) on or after 12:01 a.m. eastern 
                daylight time on May 1, 2018, from all countries. This 
                rate of duty, which is 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 sentence.''.
                    (2) Paragraph (a) of U.S. note 19, added to 
                subchapter III of chapter 99 of the HTSUS by the Annex 
                to Proclamation 9704, is amended by replacing ``Canada 
                and of Mexico'' with ``Canada, of Mexico, of Australia, 
                of Argentina, of South Korea, of Brazil, and of the 
                member countries of the European Union''.
                    (3) The ``Article description'' for heading 
                9903.85.01 of the HTSUS is amended by replacing 
                ``Canada or of Mexico'' with ``Canada, of Mexico, of 
                Australia, of Argentina, of South Korea, of Brazil, or 
                of the member countries of the European Union''.
                    (4) The exemption afforded to aluminum articles 
                from Canada, Mexico, Australia, Argentina, South Korea, 
                Brazil, and the member countries of the

[[Page 13358]]

                EU shall apply only to aluminum articles of such 
                countries entered, or withdrawn from warehouse for 
                consumption, through the close of April 30, 2018, at 
                which time Canada, Mexico, Australia, Argentina, South 
                Korea, Brazil, and the member countries of the EU shall 
                be deleted from paragraph (a) of U.S. note 19 to 
                subchapter III of chapter 99 of the HTSUS and from the 
                article description of heading 9903.85.01 of the HTSUS.
                    (5) Any aluminum article that is admitted into a 
                U.S. foreign trade zone on or after 12:01 a.m. eastern 
                daylight time on March 23, 2018, may only be admitted 
                as ``privileged foreign status'' as defined in 19 CFR 
                146.41, and will be subject upon entry for consumption 
                to any ad valorem rates of duty related to the 
                classification under the applicable HTSUS subheading. 
                Any aluminum article that was 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 March 23, 2018, will likewise 
                be subject upon entry for consumption to any ad valorem 
                rates of duty related to the classification under 
                applicable HTSUS subheadings imposed by Proclamation 
                9704, as amended by this proclamation.
                    (6) Clause 3 of Proclamation 9704 is amended by 
                inserting a new third sentence reading as follows: 
                ``Such relief may be provided to directly affected 
                parties on a party-by-party basis taking into account 
                the regional availability of particular articles, the 
                ability to transport articles within the United States, 
                and any other factors as the Secretary deems 
                appropriate.''.
                    (7) Clause 3 of Proclamation 9704, as amended by 
                clause 6 of this proclamation, is further amended by 
                inserting a new fifth sentence as follows: ``For 
                merchandise entered on or after the date the directly 
                affected party submitted a request for exclusion, such 
                relief shall be retroactive to the date the request for 
                exclusion was posted for public comment.''.
                    (8) The Secretary, in consultation with CBP and 
                other relevant executive departments and agencies, 
                shall revise the HTSUS so that it conforms to the 
                amendments and effective dates directed in this 
                proclamation. The Secretary shall publish any such 
                modification to the HTSUS in the Federal Register.
                    (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.

[[Page 13359]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-second day of March, 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.)

[FR Doc. 2018-06420
Filed 3-27-18; 11:15 am]
Billing code 3295-F8-P