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

    Proclamation 9776 of August 29, 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). The Secretary found and advised me 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. In light of this conclusion, the
    Secretary recommended action to adjust the imports of aluminum articles
    so that such imports will not threaten to impair the national security.

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    The Secretary also recommended that I authorize him, in response to
    specific requests from affected domestic parties, to exclude from any
    adopted import restrictions those aluminum articles for which the
    Secretary determines there is a lack of sufficient domestic production
    capacity of comparable products, or to exclude aluminum articles from
    such restrictions for specific national security-based considerations.
    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, as defined in clause 1 of Proclamation 9704, 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 these aluminum
    articles by imposing a 10 percent ad valorem tariff on such articles
    imported from most countries. I further authorized the Secretary to
    provide relief from these additional duties for any aluminum article
    determined not to be produced in the United States in a sufficient and
    reasonably available amount or of a satisfactory quality and also to
    provide such relief based on specific national security considerations.
    3. Consistent with the Secretary's recommendation that I authorize him
    to exclude from any adopted import restrictions those aluminum articles
    for which the Secretary determines there is a lack of sufficient
    domestic production of comparable products, or for specific national
    security-based considerations, I have determined to authorize the
    Secretary to provide relief from quantitative limitations on aluminum
    articles adopted pursuant to section 232 of the Trade Expansion Act of
    1962, as amended, including those set forth in Proclamation 9758 of May
    31, 2018 (Adjusting Imports of Aluminum Into the United States), on the
    same basis as the Secretary is currently authorized to provide relief
    from the duty established in clause 2 of Proclamation 9704.
    4. In light of my determinations, I have considered whether it is
    necessary and appropriate in light of our national security interests to
    make any corresponding adjustments to the tariff or quotas imposed by
    previous proclamations. It is my judgment that it is necessary and
    appropriate, at this time, to maintain the current tariff and quota
    levels. As directed in Proclamation 9704, the Secretary shall continue
    to monitor imports of aluminum articles and inform me of any
    circumstances that, in his opinion, might indicate the need for further
    action under section 232 of the Trade Expansion Act of 1962, as amended.
    5. The United States continues to hold discussions with countries on
    satisfactory alternative means to address the threatened impairment to
    our national security posed by aluminum articles imports. Should these
    discussions result in an agreement concerning such alternative means, I
    will take further action as appropriate.
    6. 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.
    7. 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, modifica

    [[Page 5825]]

    tion, 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) The Secretary, in consultation with the Secretary of State, the
    Secretary of the Treasury, the Secretary of Defense, the United States
    Trade Representative (USTR), the Assistant to the President for National
    Security Affairs, the Assistant to the President for Economic Policy,
    and such other senior Executive Branch officials as the Secretary deems
    appropriate, is hereby authorized to provide relief from the
    quantitative limitations applicable to aluminum articles described in
    subheadings 9903.85.05 and 9903.85.06 of subchapter III of chapter 99 of
    the HTSUS for any aluminum article determined not to be produced in the
    United States in a sufficient and reasonably available amount or of a
    satisfactory quality, and is also authorized to provide such relief
    based upon specific national security considerations. Such relief shall
    be provided for an aluminum article only after a request for relief is
    made by a directly affected party located in the United States. Such
    relief may be provided to directly affected parties on a party-by-party
    basis taking into account the regional availability of particular
    articles, the ability to transport articles within the United States,
    and any other factors as the Secretary deems appropriate. If the
    Secretary determines that relief should be granted to a requesting party
    for the importation of a particular aluminum article, the Secretary
    shall publicly post such determination and notify U.S. Customs and
    Border Protection (CBP) of the Department of Homeland Security
    concerning such article so that it will be excluded from the applicable
    quantitative limitation. Relief granted under this clause shall apply
    only to an article entered for consumption, or withdrawn from warehouse
    for consumption, on or after the date on which the request for relief is
    granted by the Secretary. Until such time as any applicable quantitative
    limitation for a particular article has been reached, CBP shall count
    any aluminum article for which relief is granted under this clause
    toward such quantitative limitation at the time when such aluminum
    article is entered for consumption or withdrawn from warehouse for
    consumption. Any aluminum article for which relief is granted under this
    clause shall not be subject to the additional rate of duty set forth in
    Proclamation 9704, as amended. Aluminum articles for which relief is
    granted under this clause shall be subject to the duty treatment
    provided in subheading 9903.85.11 of subchapter III of chapter 99 of the
    HTSUS, as established by the Annex to this proclamation.
    (2) As soon as practicable, the Secretary shall issue procedures for
    the requests for exclusion described in clause 1 of this proclamation.
    The issuance of such procedures is exempt from Executive Order 13771 of
    January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs).
    CBP shall implement exclusions granted pursuant to clause 1 of this
    proclamation as soon as practicable.
    (3) Clause 3 of Proclamation 9704, as amended by Proclamation 9710,
    is further amended by striking the fourth and fifth sentences and
    inserting in lieu thereof the following two sentences: ``If the
    Secretary

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    determines that a particular aluminum article should be excluded, the
    Secretary shall publicly post such determination and notify U.S. Customs
    and Border Protection (CBP) of the Department of Homeland Security
    concerning such article so that it will be excluded from the duties
    described in clause 2 of this proclamation. For merchandise entered for
    consumption, or withdrawn from warehouse for consumption, on or after
    the date the duty established under this proclamation is effective and
    with respect to which liquidation is not final, such relief shall be
    retroactive to the date the request for relief was accepted by the
    Department of Commerce.'';.
    (4) Where the government of a country identified in the superior
    text to subheadings 9903.85.05 and 9903.85.06 of subchapter III of
    chapter 99 of the HTSUS notifies the United States that it has
    established a mechanism for the certification of exports to the United
    States of products covered by the quantitative limitations applicable to
    these subheadings, and where such mechanism meets the operational
    requirements for participation in an export certification system
    administered by the United States, CBP, in consultation with the
    Secretary, USTR, and other relevant executive departments and agencies,
    may require that importers of these products furnish relevant export
    certification information in order to qualify for the treatment set
    forth in subheadings 9903.85.05 and 9903.85.06. Where CBP adopts such a
    requirement, it shall publish in the Federal Register notice of the
    requirement and procedures for the submission of relevant export
    certification information. No article that is subject to the export
    certification requirement announced in such notice may be entered for
    consumption, or withdrawn from warehouse for consumption, on or after
    the effective date specified in such notice, except upon presentation of
    a valid and properly executed certification, in accordance with the
    procedures set forth in the notice.
    (5) Subdivision (c) of U.S. note 19 to subchapter III of chapter 99
    of the HTSUS is amended by inserting at the end the following new
    sentence: ``Pursuant to subheading 9903.85.11 and superior text thereto,
    the Secretary may provide that any excluded product shall be granted
    entry into the customs territory of the United States when the
    applicable quantitative limitation has filled for the specified period
    for such good.'';.
    (6) Subdivision (d) of U.S. note 19 to subchapter III of chapter 99
    of the HTSUS is amended by inserting after ``9903.85.06''; the phrase
    ``and 9903.85.11'';.
    (7) The superior text for subheadings 9903.85.05 and 9903.85.06 of
    the HTSUS is amended by deleting ``Aluminum''; and inserting in lieu
    thereof: ``Except as provided in subheading 9903.85.11, aluminum'';.
    (8) To implement clause 1 of this proclamation, subchapter III of
    chapter 99 of the HTSUS is modified as provided in the Annex to this
    proclamation.
    (9) The modifications to the HTSUS made by clauses 5 through 8 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 August 30, 2018, and shall continue in effect, unless such actions
    are expressly reduced, modified, or terminated.

    [[Page 5827]]

    (10) Clause 5 of Proclamation 9704 is amended by inserting ``for
    consumption''; after ``goods entered''; in the first sentence. Clause 5
    of Proclamation 9710, as amended, is amended by striking ``by this
    proclamation''; from the end of the second sentence. Clause 5 of
    Proclamation 9739 is amended by striking ``by clause 1 of this
    proclamation'';.
    (11) The Secretary, in consultation with CBP and other relevant
    executive departments and agencies, shall revise the HTSUS so that it
    conforms to the amendments directed by this proclamation. The Secretary
    shall publish any such modification to the HTSUS in the Federal
    Register.
    (12) 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 twenty-ninth day of
    August, in the year of our Lord two thousand eighteen, and of the
    Independence of the United States of America the two hundred and forty-
    third.
    DONALD J. TRUMP

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