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

    Proclamation 9739 of April 30, 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

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    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, by imposing a 10 percent ad valorem tariff on such articles
    imported from all countries except Canada and Mexico. 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 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 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 until May 1, 2018.
    4. The United States has 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 imported
    from these countries. I have determined that the necessary and
    appropriate means to address the threat to national security posed by
    imports of aluminum articles from Argentina, Australia, and Brazil is to
    extend the temporary exemption of these countries from the tariff
    proclaimed in Proclamation 9704, in order to finalize the details of
    these satisfactory alternative means to address the threatened
    impairment to our national security posed by aluminum articles imported
    from these countries. In my judgment, and for the reasons I stated in
    paragraph 10 of Proclamation 9710, these discussions will be most
    productive if aluminum articles from Argentina, Australia, and Brazil
    remain exempt from the tariff proclaimed in Proclamation 9704, until the
    details can be finalized and implemented by proclamation. Because the
    United States has agreed in principle with these countries, in my
    judgment, it is unnecessary to set an expiration date for the
    exemptions.

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    Nevertheless, if the satisfactory alternative means are not finalized
    shortly, I will consider re-imposing the tariff.
    5. The United States is continuing discussions with Canada, Mexico, and
    the EU. I have determined that the necessary and appropriate means to
    address the threat to the national security posed by imports of aluminum
    articles from these countries is to continue these discussions and to
    extend the temporary exemption of these countries from the tariff
    proclaimed in Proclamation 9704, at least at this time. In my judgment,
    and for the reasons I stated in paragraph 10 of Proclamation 9710, these
    discussions will be most productive if aluminum articles from these
    countries remain exempt from the tariff proclaimed in Proclamation 9704.
    6. For the reasons I stated in paragraph 11 of Proclamation 9710,
    however, the tariff imposed by Proclamation 9704 remains an important
    first step in ensuring the economic stability of our domestic aluminum
    industry and removing the threatened impairment of the national
    security. As a result, unless I determine by further proclamation that
    the United States has reached a satisfactory alternative means to remove
    the threatened impairment to the national security by imports of
    aluminum articles from Canada, Mexico, and the member countries of the
    EU, the tariff set forth in clause 2 of Proclamation 9704 shall be
    effective June 1, 2018, for these countries.
    7. I have determined that, in light of the ongoing discussions that may
    result in long-term exclusions from the tariff proclaimed in
    Proclamation 9704, it is necessary and appropriate, at this time, to
    maintain the current tariff level as it applies to other countries.
    8. 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.
    9. 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) Imports of all aluminum articles from Argentina, Australia, and
    Brazil shall be exempt from the duty established in clause 2 of
    Proclamation 9704, as amended by clause 1 of Proclamation 9710. Imports
    of all aluminum articles from Canada, Mexico, and the member countries
    of the EU shall be exempt from the duty established in clause 2 of
    Proclamation 9704 until 12:01 a.m. eastern daylight time on June 1,
    2018. Further, clause 2 of Proclamation 9704, as amended by clause 1 of
    Proclamation 9710, is also amended by striking the last two sentences
    and inserting in lieu thereof the following two sentences: ``Ex

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    cept 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, Australia,
    and Brazil. 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) The exemption afforded to aluminum articles from Canada, Mexico,
    and the member countries of the EU shall apply only to aluminum articles
    of such countries entered for consumption, or withdrawn from warehouse
    for consumption, through the close of May 31, 2018, at which time such
    countries shall be deleted from the article description of heading
    9903.85.01 of the HTSUS.
    (3) Clause 5 of Proclamation 9710 is amended by inserting the phrase
    ``, except those eligible for admission under ``domestic status''; as
    defined in 19 CFR 146.43, which is subject to the duty imposed pursuant
    to Proclamation 9704, as amended by Proclamation 9710,''; after the
    words ``Any aluminum article''; in the first and second sentences.
    (4) Aluminum articles shall not be subject upon entry for
    consumption to the duty established in clause 2 of Proclamation 9704, as
    amended by clause 1 of this proclamation, merely by reason of
    manufacture in a U.S. foreign trade zone. However, aluminum articles
    admitted to a U.S. foreign trade zone in ``privileged foreign status'';
    pursuant to clause 5 of Proclamation 9710, as amended by clause 3 of
    this proclamation, shall retain that status consistent with 19 CFR
    146.41(e).
    (5) No drawback shall be available with respect to the duties
    imposed on any aluminum article pursuant to Proclamation 9704, as
    amended by clause 1 of this proclamation.
    (6) The Secretary, in consultation with U.S. Customs and Border
    Protection of the Department of Homeland Security and 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.
    (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.
    IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
    April, 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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