    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 9758 of May 31, 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, as amended (aluminum articles), by imposing a 10 percent ad
    valorem tariff on such articles imported from most countries, beginning
    March 23, 2018. 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

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    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 posed 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, as amended, until May
    1, 2018.
    4. In Proclamation 9739 of April 30, 2018 (Adjusting Imports of Aluminum
    Into the United States), I noted that the United States had 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 imports from these countries and
    extended the temporary exemption of these countries from the tariff
    proclaimed in Proclamation 9704, as amended, in order to finalize the
    details.
    5. The United States has agreed on a range of measures with Argentina
    and Australia, including measures to reduce excess aluminum production
    and excess aluminum capacity, measures that will contribute to increased
    capacity utilization in the United States, and measures to prevent the
    transshipment of aluminum articles and avoid import surges. In my
    judgment, these measures will provide effective, long-term alternative
    means to address these countries' contribution to the threatened
    impairment to our national security by restraining aluminum articles
    exports to the United States from each of them, limiting transshipment
    and surges, and discouraging excess aluminum capacity and excess
    aluminum production. In light of these agreements, I have determined
    that aluminum articles imports from these countries will no longer
    threaten to impair the national security and thus have decided to
    exclude these countries from the tariff proclaimed in Proclamation 9704,
    as amended. The United States will monitor the implementation and
    effectiveness of the measures agreed upon with these countries to
    address our national security needs, and I may revisit this
    determination, as appropriate.
    6. In light of my determination to exclude, on a long-term basis, these
    countries 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 measures with these countries, and the fact
    that the tariff will now apply to imports of aluminum articles from
    additional countries, it is necessary and appropriate, at this time, to
    maintain the current tariff level as it applies to other countries.

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    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 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, 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 and Australia. 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) In order to implement a quota treatment on aluminum articles
    imports from Argentina, U.S. note 19 to subchapter III of chapter 99 of
    the HTSUS is amended as provided for in Part A of the Annex to this
    proclamation. U.S. Customs and Border Protection (CBP) of the Department
    of Homeland Security shall implement this quota as soon as practicable,
    taking into account all aluminum articles imports from this country
    since January 1, 2018.
    (3) The ``Article description''; for heading 9903.85.01 of the HTSUS
    is amended by deleting ``of Brazil, of Canada, of Mexico, or of the
    member countries of the European Union'';.
    (4) For the purposes of administering the quantitative limitations
    applicable to subheadings 9903.85.05 through 9903.85.06 for Argentina,
    the annual aggregate limits set out in Part B of the Annex to this
    proclamation shall apply for the period starting with calendar year 2018
    and for subsequent years, unless modified or terminated. The
    quantitative limitations applicable to subheadings 9903.85.05 through
    9903.85.06 for Argentina, which for calendar year 2018 shall take into

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    account all aluminum articles imports from Argentina since January 1,
    2018, shall be effective for aluminum articles entered for consumption,
    or withdrawn from warehouse for consumption, on or after June 1, 2018,
    and shall be implemented by CBP as soon as practicable, consistent with
    the superior text to subheadings 9903.85.05 through 9903.85.06. The
    Secretary of Commerce shall monitor the implementation of the
    quantitative limitations applicable to subheadings 9903.85.05 through
    9903.85.06 and shall, in consultation with the Secretary of Defense, the
    United States Trade Representative, and such other senior Executive
    Branch officials as the Secretary deems appropriate, inform the
    President of any circumstance that in the Secretary's opinion might
    indicate that an adjustment of the quantitative limitations is
    necessary.
    (5) The Secretary of Commerce, in consultation with CBP and with
    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.
    (6) Clause 5 of Proclamation 9710, as amended, is amended by
    striking the phrase ``as amended by Proclamation 9710,''; in the first
    and second sentences and inserting in lieu thereof the following phrase:
    ``as amended, or to the quantitative limitations established by
    proclamation,'';. Clause 5 of Proclamation 9710, as amended, is further
    amended by inserting the phrase ``or quantitative limitations''; after
    the words ``ad valorem rates of duty''; in the first and second
    sentences.
    (7) Clause 4 of Proclamation 9739 is amended by striking the phrase
    ``as amended by clause 1 of this proclamation,''; and inserting in lieu
    thereof the following phrase: ``as amended, or to the quantitative
    limitations established by proclamation,''; in the first sentence.
    Clause 4 of Proclamation 9739 is further amended by striking the words
    ``by clause 3 of this proclamation''; from the second sentence.
    (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 thirty-first day of
    May, 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.
    DONALD J. TRUMP

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