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

    Proclamation 9694 of January 23, 2018

    To Facilitate Positive Adjustment to Competition From Imports of Large
    Residential Washers

    By the President of the United States of America

    A Proclamation

    1. On December 4, 2017, the United States International Trade Commission
    (ITC) transmitted to the President a report (the ``ITC Report'';)

    [[Page 5632]]

    on its investigation under section 202 of the Trade Act of 1974, as
    amended (the ``Trade Act'';) (19 U.S.C. 2252), with respect to imports
    of large residential washers (``washers'';). The product subject to the
    ITC's investigation and determination excluded certain washers described
    in the ITC Notice of Institution, 82 Fed. Reg. 27075 (June 13, 2017),
    and listed in subdivision (c)(2) of Note 17 in the Annex to this
    proclamation.
    2. The ITC reached an affirmative determination under section 202(b) of
    the Trade Act (19 U.S.C. 2252(b)) that the following products are being
    imported into the United States in such increased quantities as to be a
    substantial cause of serious injury, or threat of serious injury, to the
    domestic industries producing like or directly competitive articles:
    (a) washers; and
    (b) certain washer parts, including (i) all cabinets, or portions
    thereof, designed for use in washers; (ii) all assembled tubs designed
    for use in washers which incorporate, at a minimum, a tub and a seal;
    (iii) all assembled baskets designed for use in washers which
    incorporate, at a minimum, a side wrapper, a base, and a drive hub; and
    (iv) any combination of the foregoing parts or subassemblies.
    3. Pursuant to section 311(a) of the North American Free Trade Agreement
    Implementation Act (the ``NAFTA Implementation Act'';) (19 U.S.C.
    3371(a)), the ITC made findings as to whether imports from Canada and
    Mexico, considered individually, account for a substantial share of
    total imports and contribute importantly to the serious injury, or
    threat thereof, caused by imports. The ITC made negative findings of
    contribution to injury with respect to imports of washers from Canada
    and Mexico.
    4. The ITC transmitted to the President its recommendations made
    pursuant to section 202(e) of the Trade Act (19 U.S.C. 2252(e)) with
    respect to the actions that, in its view, would address the serious
    injury, or threat of serious injury, to the domestic industry and be
    most effective in facilitating the efforts of the industry to make a
    positive adjustment to import competition.
    5. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), and after
    taking into account the considerations specified in section 203(a)(2) of
    the Trade Act (19 U.S.C. 2253(a)(2)) and the ITC Report, I have
    determined to implement action of a type described in section 203(a)(3)
    of the Trade Act (19 U.S.C. 2252(a)(3)) (a ``safeguard measure'';), with
    regard to the following washers and covered washer parts:
    (a) washers provided for in subheadings 8450.11.00 and 8450.20.00 in
    the Annex to this proclamation;
    (b) all cabinets, or portions thereof, designed for use in washers,
    and all assembled baskets designed for use in washers that incorporate,
    at a minimum, a side wrapper, a base, and a drive hub, provided for in
    subheading 8450.90.60 in the Annex to this proclamation;
    (c) all assembled tubs designed for use in washers that incorporate,
    at a minimum, a tub and a seal, provided for in subheading 8450.90.20 in
    the Annex to this proclamation;
    (d) any combination of the foregoing parts or subassemblies,
    provided for in subheadings 8450.90.20 or 8450.90.60 in the Annex to
    this proclamation.

    [[Page 5633]]

    6. Pursuant to section 312(a) of the NAFTA Implementation Act (19 U.S.C.
    3372(a)), I have determined after considering the ITC Report that (a)
    imports from Canada of washers and covered washer parts, considered
    individually, do not account for a substantial share of total imports
    and do not contribute importantly to the serious injury or threat of
    serious injury found by the ITC; and (b) imports from Mexico of washers
    and covered washer parts, considered individually, account for a
    substantial share of total imports and have contributed importantly to
    the serious injury or threat of serious injury found by the ITC.
    Accordingly, pursuant to section 312(b) of the NAFTA Implementation Act
    (19 U.S.C. 3372(b)), I have excluded washers and covered washer parts
    that are the product of Canada from the actions I am taking under
    section 203 of the Trade Act.
    7. Pursuant to section 203 of the Trade Act, the action I have
    determined to take shall be a safeguard measure in the form of:
    (a) a tariff-rate quota on imports of washers described in
    subparagraph (a) of paragraph 5 of this proclamation, imposed for a
    period of 3 years plus 1 day, with unchanging within-quota quantities,
    annual reductions in the rates of duties entered within those quantities
    in the second and third years, and annual reductions in the rates of
    duty applicable to goods entered in excess of those quantities in the
    second and third years; and
    (b) a tariff-rate quota on imports of covered washer parts described
    in subparagraphs (b), (c), and (d) of paragraph 5 of this proclamation,
    imposed for a period of 3 years plus 1 day, with increasing within-quota
    quantities and annual reductions in the rates of duty applicable to
    goods entered in excess of those quantities in the second and third
    years.
    8. This safeguard measure shall apply to imports from all countries,
    except for products of Canada and except as provided in paragraph 9 of
    this proclamation.
    9. This safeguard measure shall not apply to imports of any product
    described in paragraph 5 of this proclamation of a developing country
    that is a Member of the World Trade Organization (WTO), as listed in
    subdivision (b)(2) of Note 17 in the Annex to this proclamation, as long
    as such a country's share of total imports of the product, based on
    imports during a recent representative period, does not exceed 3
    percent, provided that imports that are the product of all such
    countries with less than 3 percent import share collectively account for
    not more than 9 percent of total imports of the product. If I determine
    that a surge in imports of a product described in paragraph 5 of this
    proclamation of a developing country that is a WTO Member results in
    imports of that product from that developing country exceeding either of
    the thresholds described in this paragraph, the safeguard measure shall
    be modified to apply to such product from such country.
    10. The in-quota quantity in each year under the tariff-rate quotas
    described in paragraph 7 of this proclamation shall be allocated among
    all countries except those countries the products of which are excluded
    from such tariff-rate quota pursuant to paragraphs 8 and 9 of this
    proclamation.
    11. Pursuant to section 203(a)(1)(A) of the Trade Act (19 U.S.C.
    2253(a)(1)(A)), I have determined that this safeguard measure will
    facilitate efforts by the domestic industry to make a positive
    adjustment

    [[Page 5634]]

    to import competition and provide greater economic and social benefits
    than costs. If I determine that further action is appropriate and
    feasible to facilitate efforts by the domestic industry to make a
    positive adjustment to import competition and to provide greater
    economic and social benefits than costs, or if I determine that the
    conditions under section 204(b)(1) of the Trade Act (19 U.S.C.
    2254(b)(1)) are met, I shall reduce, modify, or terminate the action
    established in this proclamation accordingly. In addition, if I
    determine within 30 days of the date of this proclamation, as a result
    of consultations between the United States and other WTO Members
    pursuant to Article 12.3 of the WTO Agreement on Safeguards, that it is
    necessary to reduce, modify, or terminate the safeguard measure, I shall
    proclaim the corresponding reduction, modification, or termination of
    the safeguard measure within 40 days.
    12. If I determine that a surge in imports of covered washer parts
    described in subparagraphs (b), (c), and (d) of paragraph 5 of this
    proclamation undermines the effectiveness of the safeguard measure, the
    safeguard measure shall be modified by imposing a quantitative
    restriction in lieu of the tariff-rate quota.
    13. Section 604 of the Trade Act (19 U.S.C. 2483), authorizes the
    President to embody in the Harmonized Tariff Schedule of the United
    States (HTS) the substance of the relevant provisions of that Act, and
    of other acts 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, acting under the authority vested in me by the Constitution and
    the laws of the United States, including but not limited to sections 203
    and 604 of the Trade Act, section 312 of the NAFTA Implementation Act
    (19 U.S.C. 3372), and section 301 of title 3, United States Code, do
    proclaim that:
    (1) In order to establish increases in duty and a tariff-rate quota
    on imports of the washers and covered washer parts described in
    paragraph 5 of this proclamation (other than excluded products),
    subchapter III of chapter 99 of the HTS is modified as provided in the
    Annex to this proclamation. Any merchandise subject to the safeguard
    measure that is admitted into U.S. foreign trade zones on or after 12:01
    a.m. eastern standard time, on February 7, 2018, must be admitted as
    ``privileged foreign status''; as defined in 19 CFR 146.41, and will be
    subject upon entry for consumption to any quantitative restrictions or
    tariffs related to the classification under the applicable HTS
    subheading.
    (2) Imports of washers and covered washer parts that are the product
    of Canada shall be excluded from the safeguard measure established in
    this proclamation, and such imports shall not be counted toward the
    tariff-rate quota limits that trigger the over-quota rates of duty.
    (3) Except as provided in clause (4) below, imports of washers and
    covered washer parts that are the product of WTO Member developing
    countries, as listed in subdivision (b)(2) of Note 17 in the Annex to
    this proclamation, shall be excluded from the safeguard measure
    established in this proclamation, and such imports shall not be counted
    toward the tariff-rate quota limits that trigger the over-quota rates of
    duties.

    [[Page 5635]]

    (4) If, after the safeguard measure established in this proclamation
    takes effect, the United States Trade Representative (USTR) determines
    that:
    (a) the share of total imports of the product of a country listed in
    subdivision (b)(2) of Note 17 in the Annex to this proclamation exceeds
    3 percent,
    (b) imports of the product from all listed countries with less than
    3 percent import share collectively account for more than 9 percent of
    total imports of the product, or
    (c) a country listed in subdivision (b)(2) of Note 17 in the Annex
    to this proclamation is no longer a developing country for purposes of
    this proclamation;
    the USTR is authorized, upon publication of a notice in the Federal
    Register, to revise subdivision (b)(2) of Note 17 in the Annex to this
    proclamation to remove the relevant country from the list or suspend
    operation of that subdivision, as appropriate.
    (5) If, after the safeguard measure established in this proclamation
    takes effect, the USTR determines that the out-of-quota quantity in
    units of covered washer parts entered under the tariff lines in chapter
    99 enumerated in the Annex to this proclamation has increased by an
    unjustifiable amount and undermines the effectiveness of the safeguard
    measure, the USTR is authorized, upon publishing a notice of such
    determination in the Federal Register, to modify the HTS provisions
    created by the Annex to this proclamation so as to modify the tariff-
    rate quota on covered washer parts with a quantitative restriction on
    covered washer parts at a level that the USTR considers appropriate.
    (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.
    (7) The modifications to the HTS made in this proclamation,
    including the Annex hereto, shall be effective with respect to goods
    entered, or withdrawn from warehouse for consumption, on or after 12:01
    a.m. eastern standard time on February 7, 2018, and shall continue in
    effect as provided in the Annex to this proclamation, unless such
    actions are earlier expressly reduced, modified, or terminated. One year
    from the termination of the safeguard measure established in this
    proclamation, the U.S. note and tariff provisions established in the
    Annex to this proclamation shall be deleted from the HTS.
    IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
    January, 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

    [[Page 5636]]

    [GRAPHIC] [TIFF OMITTED] TD25JA18.038

    [[Page 5637]]

    [GRAPHIC] [TIFF OMITTED] TD25JA18.039

    [[Page 5638]]

    [GRAPHIC] [TIFF OMITTED] TD25JA18.040

    [[Page 5639]]

    [GRAPHIC] [TIFF OMITTED] TD25JA18.041

    [[Page 5640]]

    [GRAPHIC] [TIFF OMITTED] TD25JA18.042

    [[Page 5641]]

    [GRAPHIC] [TIFF OMITTED] TD25JA18.043