[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Presidential Documents]
[Pages 20677-20682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09840]



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Vol. 83

Monday,

No. 88

May 7, 2018

Part IV





The President





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Proclamation 9739--Adjusting Imports of Aluminum Into the United States



Proclamation 9740--Adjusting Imports of Steel Into the United States
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                         Presidential Documents 
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  Federal Register / Vol. 83 , No. 88 / Monday, May 7, 2018 / 
Presidential Documents  

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 Title 3--
 The President

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                Proclamation 9739 of April 30, 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, 
                by imposing a 10 percent ad valorem tariff on such 
                articles imported from all countries except Canada and 
                Mexico. I further stated 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.

                3. In Proclamation 9710 of March 22, 2018 (Adjusting 
                Imports of Aluminum Into the United States), I noted 
                the continuing discussions with the Argentine Republic 
                (Argentina), the Commonwealth of Australia (Australia), 
                the Federative Republic of Brazil (Brazil), Canada, 
                Mexico, the Republic of Korea (South Korea), and the 
                European Union (EU) on behalf of its member countries, 
                on satisfactory alternative means to address the 
                threatened impairment to the national security by 
                imports of aluminum articles from those countries. 
                Recognizing that each of these countries and the EU has 
                an important security relationship with the United 
                States, I determined that the necessary and appropriate 
                means to address the threat to national security posed 
                by imports of aluminum articles from these countries 
                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.

                4. The United States has agreed in principle with 
                Argentina, Australia, and Brazil on satisfactory 
                alternative means to address the threatened impairment 
                to our national security posed by aluminum articles 
                imported from these countries. I have determined that 
                the necessary and appropriate means to address the 
                threat to national security posed by imports of 
                aluminum articles from Argentina, Australia, and Brazil 
                is to extend the temporary exemption of these countries 
                from the tariff proclaimed in Proclamation 9704, in 
                order to finalize the details of these satisfactory 
                alternative means to address the threatened impairment 
                to our national security posed by aluminum articles 
                imported from these countries. In my judgment, and

[[Page 20678]]

                for the reasons I stated in paragraph 10 of 
                Proclamation 9710, these discussions will be most 
                productive if aluminum articles from Argentina, 
                Australia, and Brazil remain exempt from the tariff 
                proclaimed in Proclamation 9704, until the details can 
                be finalized and implemented by proclamation. Because 
                the United States has agreed in principle with these 
                countries, in my judgment, it is unnecessary to set an 
                expiration date for the exemptions. Nevertheless, if 
                the satisfactory alternative means are not finalized 
                shortly, I will consider re-imposing the tariff.

                5. The United States is continuing discussions with 
                Canada, Mexico, and the EU. 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 these 
                discussions and to extend the temporary exemption of 
                these countries from the tariff proclaimed in 
                Proclamation 9704, at least at this time. In my 
                judgment, and for the reasons I stated in paragraph 10 
                of Proclamation 9710, these discussions will be most 
                productive if aluminum articles from these countries 
                remain exempt from the tariff proclaimed in 
                Proclamation 9704.

                6. For the reasons I stated in paragraph 11 of 
                Proclamation 9710, however, the tariff imposed by 
                Proclamation 9704 remains an important first step in 
                ensuring the economic stability of our domestic 
                aluminum industry and removing the threatened 
                impairment of the national security. 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 
                Canada, Mexico, and the member countries of the EU, the 
                tariff set forth in clause 2 of Proclamation 9704 shall 
                be effective June 1, 2018, for these countries.

                7. I have determined that, in light of the ongoing 
                discussions that may result in long-term exclusions 
                from the tariff proclaimed in Proclamation 9704, it is 
                necessary and appropriate, at this time, to maintain 
                the current tariff level as it applies to other 
                countries.

                8. 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.

                9. 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 from 
                Argentina, Australia, and Brazil shall be exempt from 
                the duty established in clause 2 of Proclamation 9704, 
                as amended by clause 1 of Proclamation 9710. Imports of 
                all aluminum articles from Canada, Mexico, and the 
                member countries of the EU shall be exempt from the 
                duty established in clause 2 of Proclamation 9704 until 
                12:01 a.m. eastern daylight time on June 1, 2018. 
                Further, clause 2 of Proclamation 9704, as amended by 
                clause 1 of Proclamation 9710, is also amended by 
                striking the last two sentences and inserting in lieu 
                thereof 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 for 
                consumption, 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 Argentina, Australia, Brazil, Canada, 
                Mexico,

[[Page 20679]]

                South Korea, and the member countries of the European 
                Union, (b) on or after 12:01 a.m. eastern daylight time 
                on May 1, 2018, from all countries except Argentina, 
                Australia, Brazil, Canada, Mexico, and the member 
                countries of the European Union, and (c) on or after 
                12:01 a.m. eastern daylight time on June 1, 2018, from 
                all countries except Argentina, Australia, and Brazil. 
                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) The exemption afforded to aluminum articles 
                from Canada, Mexico, and the member countries of the EU 
                shall apply only to aluminum articles of such countries 
                entered for consumption, or withdrawn from warehouse 
                for consumption, through the close of May 31, 2018, at 
                which time such countries shall be deleted from the 
                article description of heading 9903.85.01 of the HTSUS.
                    (3) Clause 5 of Proclamation 9710 is amended by 
                inserting the phrase ``, except those eligible for 
                admission under ``domestic status'' as defined in 19 
                CFR 146.43, which is subject to the duty imposed 
                pursuant to Proclamation 9704, as amended by 
                Proclamation 9710,'' after the words ``Any aluminum 
                article'' in the first and second sentences.
                    (4) Aluminum articles shall not be subject upon 
                entry for consumption to the duty established in clause 
                2 of Proclamation 9704, as amended by clause 1 of this 
                proclamation, merely by reason of manufacture in a U.S. 
                foreign trade zone. However, aluminum articles admitted 
                to a U.S. foreign trade zone in ``privileged foreign 
                status'' pursuant to clause 5 of Proclamation 9710, as 
                amended by clause 3 of this proclamation, shall retain 
                that status consistent with 19 CFR 146.41(e).
                    (5) No drawback shall be available with respect to 
                the duties imposed on any aluminum article pursuant to 
                Proclamation 9704, as amended by clause 1 of this 
                proclamation.
                    (6) The Secretary, in consultation with U.S. 
                Customs and Border Protection of the Department of 
                Homeland Security 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.
                    (7) 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.

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                IN WITNESS WHEREOF, I have hereunto set my hand this 
                thirtieth day of April, 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. 2018-09840
Filed 5-4-18; 11:15 a.m.]
Billing code 7020-02-C