[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Presidential Documents]
[Pages 6825-6831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01711]
Presidential Documents
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 6825]]
Proclamation 10139 of January 19, 2021
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. I also 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 article imports from that country and, if
necessary, make corresponding adjustments to the tariff
as it applies to other countries as the national
security interests of the United States require.
3. The United States has an important security
relationship with the United Arab Emirates, including
our shared commitment to supporting each other in
addressing national security concerns in the Middle
East, particularly in countering Iran's malign
influence there; combatting violent extremism around
the world; and maintaining the strong economic ties
between our countries.
4. In light of the foregoing, the United States has
engaged in discussions with the United Arab Emirates on
alternative means to address the threatened impairment
to our national security posed by aluminum article
imports from the United Arab Emirates. On the basis of
these discussions, the United States and the United
Arab Emirates have now agreed on satisfactory
alternative means to address this threat.
5. The United States has successfully concluded
discussions with the United Arab Emirates on
satisfactory alternative means to address the
threatened impairment of the national security posed by
aluminum imports from the United Arab Emirates,
specifically a quota restricting the quantity of
aluminum articles imported into the United States from
the United Arab Emirates. This measure is expected to
allow imports of aluminum from the United Arab Emirates
to remain close to historical levels without meaningful
increases, thus making it more likely that domestic
capacity utilization will
[[Page 6826]]
be reasonably commensurate with the target level
recommended in the Secretary's report. In my judgment,
this measure will provide effective, long-term
alternative means to address the contribution of the
United Arab Emirates to the threatened impairment to
our national security by restraining aluminum article
exports from the United Arab Emirates to the United
States, limiting export surges by the United Arab
Emirates, and discouraging excess aluminum capacity and
excess aluminum production. In light of this agreement,
I have determined that aluminum article imports from
the United Arab Emirates will no longer threaten to
impair the national security and have decided to
exclude the United Arab Emirates from the tariff
proclaimed in Proclamation 9704. The United States will
monitor the implementation and effectiveness of the
measure agreed with the United Arab Emirates in
addressing our national security needs, and this
determination may be revisited, as appropriate.
6. In light of my determination to exclude the United
Arab Emirates from the tariff proclaimed in
Proclamation 9704, as amended, I have considered
whether it is necessary and appropriate in light of our
national security interests to make any corresponding
adjustments to such tariff as it applies to other
countries. I have determined that, in light of the
agreed-upon measure with the United Arab Emirates, it
is necessary and appropriate, at this time, to maintain
the current tariff level as it applies to other
countries.
7. 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.
8. 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) Clause 2 of Proclamation 9704, as amended, is
further amended in the second sentence by deleting
``and'' before ``(g)'' and inserting before the period
at the end: ``, and (h) on or after 12:01 a.m. eastern
standard time on February 3, 2021, from all countries
except Argentina, Australia, Canada, Mexico, and the
United Arab Emirates.''.
(2) Clauses 1 and 4 of Proclamation 9776 of August
29, 2018 (Adjusting Imports of Aluminum Into the United
States) are amended by replacing, in each instance,
``subheadings 9903.85.05 and 9903.85.06'' with
``subheadings 9903.85.05 through 9903.85.08''.
(3) The ``Article Description'' for subheading
9903.85.01 of the HTSUS is amended by replacing ``of
Argentina, of Australia, of Canada, of Mexico'' with
``of Argentina, of Australia, of Canada, of Mexico, of
the United Arab Emirates''.
(4) The superior text to subheading 9903.85.11 of
the HTSUS is amended by replacing ``of Argentina'' with
``of Argentina and of the United Arab Emirates'', and
the ``Article Description'' for subheading 9903.85.11
of the HTSUS is amended by replacing ``9903.85.05 and
9903.85.06'' with ``9903.85.05 through 9903.85.08''.
(5) In order to implement quantitative limitations
on aluminum article imports from the United Arab
Emirates, subchapter III of chapter 99 of the HTSUS is
amended as provided for in Part A of the Annex to this
proclamation. For purposes of administering these
quantitative limitations, the annual aggregate limits
set out in Part B of the Annex to this proclamation
[[Page 6827]]
shall apply for the period starting with calendar year
2021 and for subsequent years, unless modified or
terminated. The quantitative limitations for the United
Arab Emirates, which for calendar year 2021 shall take
into account all aluminum article imports since January
1, 2021, shall be effective for aluminum articles
entered for consumption, or withdrawn from warehouse
for consumption, on or after 12:01 a.m. eastern
standard time on February 3, 2021, and shall be
implemented by U.S. Customs and Border Protection (CBP)
of the Department of Homeland Security as soon as
practicable. The Secretary shall monitor the
implementation of these quantitative limitations and
shall, in consultation with the United States Trade
Representative, inform the President of any
circumstance that in the Secretary's opinion might
indicate that an adjustment of the quantitative
limitations is necessary.
(6) The modifications made by clauses 1 through 5
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 standard
time on February 3, 2021, and shall continue in effect,
unless such actions are expressly reduced, modified, or
terminated.
(7) Any imports of aluminum articles from the
United Arab Emirates that were 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 standard time on February 3, 2021, shall not be
subject, upon entry for consumption made on or after
that date and time, to the additional 10 percent ad
valorem rate of duty imposed by Proclamation 9704, as
amended, and shall be subject to the quantitative
limitations established in this proclamation.
(8) 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
nineteenth day of January, in the year of our Lord two
thousand and twenty-one, and of the Independence of the
United States of America the two hundred and forty-
fifth.
(Presidential Sig.)
Billing code 3295-F1-P
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[FR Doc. 2021-01711
Filed 1-22-21; 8:45 am]
Billing code 7020-02-C