[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Presidential Documents]
[Pages 45019-45023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19283]



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Vol. 83

Tuesday,

No. 171

September 4, 2018

Part II





The President





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Proclamation 9776--Adjusting Imports of Aluminum Into the United States



Proclamation 9777--Adjusting Imports of Steel Into the United States
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                         Presidential Documents 
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  Federal Register / Vol. 83 , No. 171 / Tuesday, September 4, 2018 / 
Presidential Documents  

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 Title 3--
 The President

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                Proclamation 9776 of August 29, 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). The Secretary found and 
                advised me of his 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. 
                In light of this conclusion, the Secretary recommended 
                action to adjust the imports of aluminum articles so 
                that such imports will not threaten to impair the 
                national security. The Secretary also recommended that 
                I authorize him, in response to specific requests from 
                affected domestic parties, to exclude from any adopted 
                import restrictions those aluminum articles for which 
                the Secretary determines there is a lack of sufficient 
                domestic production capacity of comparable products, or 
                to exclude aluminum articles from such restrictions for 
                specific national security-based considerations.

                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, as defined in clause 1 of Proclamation 9704, 
                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 these aluminum 
                articles by imposing a 10 percent ad valorem tariff on 
                such articles imported from most countries. I further 
                authorized the Secretary to provide relief from these 
                additional duties for any aluminum article determined 
                not to be produced in the United States in a sufficient 
                and reasonably available amount or of a satisfactory 
                quality and also to provide such relief based on 
                specific national security considerations.

                3. Consistent with the Secretary's recommendation that 
                I authorize him to exclude from any adopted import 
                restrictions those aluminum articles for which the 
                Secretary determines there is a lack of sufficient 
                domestic production of comparable products, or for 
                specific national security-based considerations, I have 
                determined to authorize the Secretary to provide relief 
                from quantitative limitations on aluminum articles 
                adopted pursuant to section 232 of the Trade Expansion 
                Act of 1962, as amended, including those set forth in 
                Proclamation 9758 of May 31, 2018 (Adjusting Imports of 
                Aluminum Into the United States), on the same basis as 
                the Secretary is currently authorized to provide relief 
                from the duty established in clause 2 of Proclamation 
                9704.

                4. In light of my determinations, I have considered 
                whether it is necessary and appropriate in light of our 
                national security interests to make any corresponding 
                adjustments to the tariff or quotas imposed by previous 
                proclamations. It is my judgment that it is necessary 
                and appropriate, at this time, to maintain the current 
                tariff and quota levels. As directed in Proclamation 
                9704, the Secretary shall continue to monitor imports 
                of aluminum articles and inform me of any circumstances 
                that, in his opinion, might

[[Page 45020]]

                indicate the need for further action under section 232 
                of the Trade Expansion Act of 1962, as amended.

                5. The United States continues to hold discussions with 
                countries on satisfactory alternative means to address 
                the threatened impairment to our national security 
                posed by aluminum articles imports. Should these 
                discussions result in an agreement concerning such 
                alternative means, I will take further action as 
                appropriate.

                6. 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.

                7. 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) The Secretary, in consultation with the 
                Secretary of State, the Secretary of the Treasury, the 
                Secretary of Defense, the United States Trade 
                Representative (USTR), the Assistant to the President 
                for National Security Affairs, the Assistant to the 
                President for Economic Policy, and such other senior 
                Executive Branch officials as the Secretary deems 
                appropriate, is hereby authorized to provide relief 
                from the quantitative limitations applicable to 
                aluminum articles described in subheadings 9903.85.05 
                and 9903.85.06 of subchapter III of chapter 99 of the 
                HTSUS for any aluminum article determined not to be 
                produced in the United States in a sufficient and 
                reasonably available amount or of a satisfactory 
                quality, and is also authorized to provide such relief 
                based upon specific national security considerations. 
                Such relief shall be provided for an aluminum article 
                only after a request for relief is made by a directly 
                affected party located in the United States. 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. If 
                the Secretary determines that relief should be granted 
                to a requesting party for the importation of a 
                particular aluminum article, the Secretary shall 
                publicly post such determination and notify U.S. 
                Customs and Border Protection (CBP) of the Department 
                of Homeland Security concerning such article so that it 
                will be excluded from the applicable quantitative 
                limitation. Relief granted under this clause shall 
                apply only to an article entered for consumption, or 
                withdrawn from warehouse for consumption, on or after 
                the date on which the request for relief is granted by 
                the Secretary. Until such time as any applicable 
                quantitative limitation for a particular article has 
                been reached, CBP shall count any aluminum article for 
                which relief is granted under this clause toward such 
                quantitative limitation at the time when such aluminum 
                article is entered for consumption or withdrawn from 
                warehouse for consumption. Any aluminum article for 
                which relief is granted under this clause shall not be 
                subject to the additional rate of duty set forth in 
                Proclamation 9704, as amended. Aluminum articles for 
                which relief is granted under this clause shall be 
                subject to the duty treatment provided in subheading 
                9903.85.11 of subchapter III of chapter 99 of the 
                HTSUS, as established by the Annex to this 
                proclamation.
                    (2) As soon as practicable, the Secretary shall 
                issue procedures for the requests for exclusion 
                described in clause 1 of this proclamation. The 
                issuance of such procedures is exempt from Executive 
                Order 13771 of January

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                30, 2017 (Reducing Regulation and Controlling 
                Regulatory Costs). CBP shall implement exclusions 
                granted pursuant to clause 1 of this proclamation as 
                soon as practicable.
                    (3) Clause 3 of Proclamation 9704, as amended by 
                Proclamation 9710, is further amended by striking the 
                fourth and fifth sentences and inserting in lieu 
                thereof the following two sentences: ``If the Secretary 
                determines that a particular aluminum article should be 
                excluded, the Secretary shall publicly post such 
                determination and notify U.S. Customs and Border 
                Protection (CBP) of the Department of Homeland Security 
                concerning such article so that it will be excluded 
                from the duties described in clause 2 of this 
                proclamation. For merchandise entered for consumption, 
                or withdrawn from warehouse for consumption, on or 
                after the date the duty established under this 
                proclamation is effective and with respect to which 
                liquidation is not final, such relief shall be 
                retroactive to the date the request for relief was 
                accepted by the Department of Commerce.''.
                    (4) Where the government of a country identified in 
                the superior text to subheadings 9903.85.05 and 
                9903.85.06 of subchapter III of chapter 99 of the HTSUS 
                notifies the United States that it has established a 
                mechanism for the certification of exports to the 
                United States of products covered by the quantitative 
                limitations applicable to these subheadings, and where 
                such mechanism meets the operational requirements for 
                participation in an export certification system 
                administered by the United States, CBP, in consultation 
                with the Secretary, USTR, and other relevant executive 
                departments and agencies, may require that importers of 
                these products furnish relevant export certification 
                information in order to qualify for the treatment set 
                forth in subheadings 9903.85.05 and 9903.85.06. Where 
                CBP adopts such a requirement, it shall publish in the 
                Federal Register notice of the requirement and 
                procedures for the submission of relevant export 
                certification information. No article that is subject 
                to the export certification requirement announced in 
                such notice may be entered for consumption, or 
                withdrawn from warehouse for consumption, on or after 
                the effective date specified in such notice, except 
                upon presentation of a valid and properly executed 
                certification, in accordance with the procedures set 
                forth in the notice.
                    (5) Subdivision (c) of U.S. note 19 to subchapter 
                III of chapter 99 of the HTSUS is amended by inserting 
                at the end the following new sentence: ``Pursuant to 
                subheading 9903.85.11 and superior text thereto, the 
                Secretary may provide that any excluded product shall 
                be granted entry into the customs territory of the 
                United States when the applicable quantitative 
                limitation has filled for the specified period for such 
                good.''.
                    (6) Subdivision (d) of U.S. note 19 to subchapter 
                III of chapter 99 of the HTSUS is amended by inserting 
                after ``9903.85.06'' the phrase ``and 9903.85.11''.
                    (7) The superior text for subheadings 9903.85.05 
                and 9903.85.06 of the HTSUS is amended by deleting 
                ``Aluminum'' and inserting in lieu thereof: ``Except as 
                provided in subheading 9903.85.11, aluminum''.
                    (8) To implement clause 1 of this proclamation, 
                subchapter III of chapter 99 of the HTSUS is modified 
                as provided in the Annex to this proclamation.
                    (9) The modifications to the HTSUS made by clauses 
                5 through 8 of this proclamation and the Annex to 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 August 30, 2018, and shall continue in 
                effect, unless such actions are expressly reduced, 
                modified, or terminated.
                    (10) Clause 5 of Proclamation 9704 is amended by 
                inserting ``for consumption'' after ``goods entered'' 
                in the first sentence. Clause 5 of Proclamation 9710, 
                as amended, is amended by striking ``by this 
                proclamation'' from the end of the second sentence. 
                Clause 5 of Proclamation 9739 is amended by striking 
                ``by clause 1 of this proclamation''.

[[Page 45022]]

                    (11) The Secretary, in consultation with CBP and 
                other relevant executive departments and agencies, 
                shall revise the HTSUS so that it conforms to the 
                amendments directed by this proclamation. The Secretary 
                shall publish any such modification to the HTSUS in the 
                Federal Register.
                    (12) 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.

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

Billing code 3295-F8-P



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[GRAPHIC] [TIFF OMITTED] TD04SE18.006


[FR Doc. 2018-19283
Filed 8-31-18; 11:15 am]
Billing code 7020-02-C