[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Presidential Documents]
[Pages 33583-33589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12097]


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  Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / 
Presidential Documents  

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 Title 3--
 The President

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                Proclamation 10405 of May 31, 2022

                
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 the President a report on 
                the Secretary's 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 the President 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.

                2. In Proclamation 9704 of March 8, 2018 (Adjusting 
                Imports of Aluminum Into the United States), the 
                President 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 by imposing a 10 percent ad valorem 
                tariff on such articles imported from all countries 
                except Canada and Mexico. The proclamation 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 the President determines that 
                imports from that country no longer threaten to impair 
                the national security, the President 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. The United States has successfully concluded 
                discussions with the United Kingdom (UK) on 
                satisfactory alternative means to address the 
                threatened impairment to our national security posed by 
                aluminum articles imports from the UK. The United 
                States and the UK have agreed to expand coordination 
                involving trade remedies and customs matters, monitor 
                bilateral steel and aluminum trade, cooperate on 
                addressing non-market excess capacity and carbon 
                intensity in these sectors, annually review their 
                arrangement and their ongoing cooperation, and confer 
                on market-distorting influence or ownership in the 
                steel and aluminum industries. The United States will 
                monitor the implementation and effectiveness of the 
                measures agreed upon with the UK in addressing our 
                national security needs, and I may revisit this 
                determination, as appropriate.

                4. The United States will implement a number of 
                actions, including a tariff-rate quota that restricts 
                the quantity of aluminum articles imported into the 
                United States from the UK without the application of 
                the tariff proclaimed in Proclamation 9704. Under the 
                arrangement, aluminum articles, except semi-finished 
                wrought aluminum articles, that are accompanied by a 
                certificate of analysis are eligible for in-quota 
                treatment. In order to be eligible for in-quota 
                treatment, semi-finished wrought aluminum articles must 
                be accompanied by a certificate of analysis and must 
                not contain primary aluminum from the People's Republic 
                of China, the Russian Federation,

[[Page 33584]]

                or the Republic of Belarus. In my judgment, these 
                measures will provide an effective, long-term 
                alternative means to address any contribution by UK 
                aluminum articles imports to the threatened impairment 
                to our national security by restraining aluminum 
                articles imports to the United States from the UK, 
                limiting transshipment, and discouraging excess 
                capacity and excess aluminum production. In light of 
                this agreement, I have determined that specified 
                volumes of eligible aluminum articles imports from the 
                UK will no longer threaten to impair the national 
                security and have decided to exclude such imports from 
                the UK up to a designated quota from the tariff 
                proclaimed in Proclamation 9704. The United States will 
                monitor the implementation and effectiveness of the 
                tariff-rate quota and other measures agreed upon with 
                the UK in addressing our national security needs, and I 
                may revisit this determination, as appropriate.

                5. The alternative means, including the tariff-rate 
                quota, are consistent with the recommendations 
                specified in the original 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. The agreed-
                upon aggregate tariff-rate quota volume, totaling 900 
                metric tons of unwrought aluminum, 11,400 metric tons 
                of semi-finished wrought aluminum other than foil, and 
                9,300 metric tons of foil, is consistent with the 
                objective of reaching and sustaining a sufficient 
                capacity utilization rate in the domestic aluminum 
                industry.

                6. In light of my determination to adjust the tariff 
                proclaimed in Proclamation 9704 as applied to eligible 
                aluminum articles imports from the UK, 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 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, JOSEPH R. BIDEN JR., 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) To establish a tariff-rate quota on imports of 
                eligible aluminum articles from the UK as set forth in 
                paragraph 4 of this proclamation, U.S. Note 19 of 
                subchapter III of chapter 99 of the HTSUS is amended as 
                provided for in the Annex to this proclamation. Imports 
                of aluminum articles from the UK in excess of the 
                tariff-rate quota quantities shall remain subject to 
                the duties imposed by clause 2 of Proclamation 9704, as 
                amended. The Secretary, in consultation with the United 
                States Trade Representative and the Secretary of 
                Homeland Security, shall recommend to the President, as 
                warranted, updates to the in-quota volumes contained in 
                the Annex to this proclamation. Aluminum articles from 
                the UK imported under an exclusion granted pursuant to 
                clause 3 of Proclamation 9704, as amended, shall count 
                against the in-quota volume of the tariff-rate quota 
                established in clause 1 of this proclamation.
                    (2) Clause 2 of Proclamation 9704, as amended, is 
                further amended in the second sentence by deleting 
                ``and'' before ``(h)'' and inserting before the period 
                at the end: ``, and (i) on or after 12:01 a.m. eastern 
                daylight

[[Page 33585]]

                time on June 1, 2022, from all countries except 
                Argentina, Australia, Canada, Mexico, and from the 
                member countries of the European Union through 11:59 
                p.m. eastern standard time on December 31, 2023, and 
                from the United Kingdom, for aluminum articles covered 
                by headings 9903.85.25 through 9903.85.44, inclusive.''
                    (3) Aluminum articles eligible for treatment under 
                clause 1 of this proclamation must be accompanied by a 
                certificate of analysis in order to receive such 
                treatment. Eligible semi-finished wrought aluminum 
                articles must not contain primary aluminum from the 
                People's Republic of China, the Russian Federation, or 
                the Republic of Belarus. The Secretary, in consultation 
                with the Secretary of Homeland Security and the United 
                States Trade Representative, is authorized to take such 
                actions as are necessary to ensure compliance with this 
                requirement. Failure to comply could result in 
                applicable remedies or penalties under United States 
                law.
                    (4) The modifications to the HTSUS made by clause 1 
                of 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 June 1, 2022, and shall 
                continue in effect, unless such actions are expressly 
                reduced, modified, or terminated.
                    (5) Any imports of aluminum articles from the UK 
                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 daylight time on 
                June 1, 2022, shall be subject upon entry for 
                consumption made on or after 12:01 a.m. eastern 
                daylight time on June 1, 2022, to the provisions of the 
                tariff-rate quota in effect at the time of the entry 
                for consumption.
                    (6) 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 
                thirty-first day of May, in the year of our Lord two 
                thousand twenty-two, and of the Independence of the 
                United States of America the two hundred and forty-
                sixth.
                
                
                    (Presidential Sig.)

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[FR Doc. 2022-12097
Filed 6-2-22; 8:45 am]
Billing code 7020-02-C