[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Presidential Documents]
[Pages 68709-68713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24200]


 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 85 , No. 211 / Friday, October 30, 2020 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

[[Page 68709]]

                Proclamation 10106 of October 27, 2020

                
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 were 
                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.

                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 were 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 most countries. 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 9893 of May 19, 2019 (Adjusting 
                Imports of Aluminum Into the United States), I noted 
                that the United States had successfully concluded 
                discussions with Canada on satisfactory alternative 
                means to address the threatened impairment of the 
                national security posed by aluminum imports from 
                Canada. In particular, the United States agreed on a 
                range of measures with Canada that were expected to 
                allow imports of aluminum from Canada to remain stable 
                at historical levels without meaningful increases, thus 
                permitting the domestic capacity utilization to remain 
                reasonably commensurate with the target level 
                recommended in the Secretary's report. These included 
                measures to monitor for and avoid import surges.

                4. In light of this agreement, I determined that, under 
                the framework in the agreement established with Canada, 
                imports of aluminum from Canada would no longer 
                threaten to impair the national security, and thus I 
                decided to exclude Canada from the tariff proclaimed in 
                Proclamation 9704, as amended. I noted that the United 
                States would monitor the implementation and 
                effectiveness of the measures agreed upon with Canada 
                in addressing our national security needs, and that I 
                may revisit this determination as appropriate.

                5. In Proclamation 10060 of August 6, 2020 (Adjusting 
                Imports of Aluminum Into the United States), I noted 
                that imports of non-alloyed unwrought

[[Page 68710]]

                aluminum from Canada had increased substantially 
                following my decision to exclude, on a long-term basis, 
                Canada from the tariff proclaimed in Proclamation 9704. 
                I further noted that this surge in imports coincided 
                with a decrease in imports of these articles from other 
                countries and threatened to harm domestic aluminum 
                production and capacity utilization. In light of these 
                circumstances, I determined that it was necessary and 
                appropriate to re-impose the 10 percent ad valorem 
                tariff proclaimed in Proclamation 9704, as amended, on 
                imports of non-alloyed unwrought aluminum articles from 
                Canada.

                6. The United States has held consultations with Canada 
                regarding exports of non-alloyed unwrought aluminum 
                from Canada to the United States. On the basis of these 
                consultations, the United States expects that exports 
                of these articles from Canada to the United States will 
                decrease significantly in the remaining months of 2020, 
                from a monthly average of approximately 154,000 metric 
                tons in the first 7 months of this year to a monthly 
                average of approximately 77,000 tons in September 
                through December. This 50 percent decrease in the 
                volume would reduce United States imports of non-
                alloyed unwrought aluminum from Canada to a level below 
                the average of monthly imports of these articles from 
                Canada in any calendar year in the past decade, thus 
                alleviating the threatened harm to domestic aluminum 
                production and capacity utilization posed by the 
                previous surge in imports of these articles.

                7. In light of these changed circumstances, and in view 
                of the measures previously agreed upon with Canada to 
                address the threatened impairment of the national 
                security posed by aluminum imports from Canada, as 
                described in Proclamation 9893, I have determined that 
                imports of aluminum from Canada will no longer threaten 
                to impair the national security, and thus I have 
                decided to reinstate Canada's exclusion from the tariff 
                on these articles proclaimed in Proclamation 9704, as 
                amended. As specified in this proclamation, I may re-
                impose the tariff proclaimed in Proclamation 9704 on 
                imports of non-alloyed unwrought aluminum from Canada 
                in the event that the volume of imports of these 
                articles from Canada in the remaining months of 2020 
                exceeds the quantities that the United States expects 
                will be exported from Canada to the United States 
                during this period. The United States and Canada expect 
                to hold further consultations in December 2020 to 
                discuss the state of aluminum trade between the two 
                countries in light of trade patterns in the last 4 
                months of 2020 and expected market conditions in 2021.

                8. The United States will continue to monitor the 
                implementation and effectiveness of the measures agreed 
                upon with Canada in addressing our national security 
                needs, as described in Proclamation 9893, both with 
                respect to imports of non-alloyed unwrought aluminum 
                and imports of other aluminum articles.

                9. 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.

                10. 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:

[[Page 68711]]

                    (1) Clause 2 of Proclamation 9704, as amended, is 
                further amended in the second sentence by deleting 
                ``and'' before ``(f)'' and inserting before the period 
                at the end: ``, and (g) on or after 12:01 a.m. eastern 
                daylight time on September 1, 2020, from all countries 
                except Argentina, Australia, Canada, and Mexico.''.
                    (2) In order to establish the removal of the 
                additional duty rate on imports of non-alloyed 
                unwrought aluminum from Canada, subchapter III of 
                chapter 99 of the HTSUS is modified as provided in the 
                Annex to this proclamation.
                    (3) The Secretary, in consultation with the United 
                States Trade Representative, shall continue to monitor 
                imports of aluminum articles, in particular imports of 
                non-alloyed unwrought aluminum from Canada. In the 
                event that imports of non-alloyed unwrought aluminum 
                from Canada exceed 105 percent of the volumes set forth 
                below for any month, I will consider re-imposing the 
                tariff proclaimed in Proclamation 9704 to imports of 
                these articles from Canada, which may include 
                retroactive application to articles entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after 12:01 a.m. eastern daylight 
                time on September 1, 2020. The volumes are: 83,000,000 
                kilograms for September 2020; 70,000,000 kilograms for 
                October 2020; 83,000,000 kilograms for November 2020; 
                and 70,000,000 kilograms for December 2020. In the 
                event that imports of non-alloyed unwrought aluminum 
                from Canada exceed 105 percent of the volumes above for 
                any month, I may consider whether the volume stipulated 
                for the following month is reduced by the amount of the 
                excess in making my determination whether to re-impose 
                the tariff. I may also consider re-imposing the tariff 
                proclaimed in Proclamation 9704 to imports of these 
                articles from Canada based on the outcome of 
                consultations between the United States and Canada in 
                December 2020 and expected market conditions in 2021.
                    (4) The modifications made by clause 1 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 September 1, 2020, and shall continue in 
                effect, unless such actions are expressly reduced, 
                modified, or terminated.
                    (5) Imports of non-alloyed unwrought aluminum 
                articles from Canada provided for in subheading 
                7601.10, except any articles that are eligible for 
                admission under ``domestic status'' as defined in 19 
                CFR 146.43, that are admitted into a United States 
                foreign trade zone on or after 12:01 a.m. eastern 
                daylight time on September 1, 2020, shall continue to 
                be admitted only as ``privileged foreign status'' as 
                defined in 19 CFR 146.41, and shall not be subject upon 
                entry for consumption on or after such time and date to 
                the duty treatment provided for in heading 9903.85.21, 
                unless and until heading 9903.85.21 becomes applicable 
                to these articles. Imports of non-alloyed unwrought 
                aluminum articles from Canada provided for in 
                subheading 7601.10, admitted into a United States 
                foreign trade zone before 12:01 a.m. eastern daylight 
                time on September 1, 2020, under ``privileged foreign 
                status'' as defined in 19 CFR 146.41, shall remain 
                subject upon entry for consumption on or after such 
                time and date to the additional 10 percent ad valorem 
                rate of duty imposed by Proclamation 9704, as amended.
                    (6) In the event that I decide, as described in 
                clause 3 of this proclamation, to re-impose the tariff 
                proclaimed in Proclamation 9704 to imports of non-
                alloyed unwrought aluminum from Canada, including 
                possible retroactive application of the tariff, no 
                drawback shall be available with respect to such duties 
                imposed.
                    (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.

[[Page 68712]]

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

Billing code 3295-F1-P



[[Page 68713]]

[GRAPHIC] [TIFF OMITTED] TD30OC20.003


[FR Doc. 2020-24200
Filed 10-29-20; 8:45 a.m.]
Billing code 7020-02-C