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

    Proclamation 9704 of March 8, 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 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. The Secretary found and advised me of his opinion that aluminum is
    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. The Secretary found that the present quantities of
    aluminum imports and the circumstances of global excess capacity for
    producing aluminum are ``weakening our internal economy,''; leaving the
    United States ``almost totally reliant on foreign producers of primary
    aluminum''; and ``at risk of becoming completely reliant on foreign
    producers of high-purity aluminum that is essential for key mili

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    tary and commercial systems.''; Because of these risks, and the risk
    that the domestic aluminum industry would become ``unable to satisfy
    existing national security needs or respond to a national security
    emergency that requires a large increase in domestic production,''; and
    taking into account the close relation of the economic welfare of the
    Nation to our national security, see 19 U.S.C. 1862(d), the Secretary
    concluded that the present quantities and circumstances of aluminum
    imports threaten to impair the national security as defined in section
    232 of the Trade Expansion Act of 1962, as amended.
    3. In light of this conclusion, the Secretary recommended actions to
    adjust the imports of aluminum so that such imports will not threaten to
    impair the national security. Among those recommendations was a global
    tariff of 7.7 percent on imports of aluminum articles in order to reduce
    imports to a level that the Secretary assessed would enable domestic
    aluminum producers to use approximately 80 percent of existing domestic
    production capacity and thereby achieve long-term economic viability
    through increased production. The Secretary has 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 U.S. production capacity of comparable products, or to
    exclude aluminum articles from such restrictions for specific national
    security-based considerations.
    4. I concur 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 I have considered his recommendations.
    5. 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.
    6. 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 acts affecting import
    treatment, and actions thereunder, including the removal, modification,
    continuance, or imposition of any rate of duty or other import
    restriction.
    7. In the exercise of these authorities, I have decided to adjust the
    imports of aluminum articles by imposing a 10 percent ad valorem tariff
    on aluminum articles, as defined below, imported from all countries
    except Canada and Mexico. In my judgment, this tariff is necessary and
    appropriate in light of the many factors I have considered, including
    the Secretary's report, updated import and production numbers for 2017,
    the failure of countries to agree on measures to reduce global excess
    capacity, the continued high level of imports since the beginning of the
    year, and special circumstances that exist with respect to Canada and
    Mexico. This relief will help our domestic aluminum industry to revive
    idled facilities, open closed smelters and mills, preserve necessary
    skills by hiring new aluminum workers, and maintain or increase
    production, which will reduce our Nation's need to rely on foreign
    producers for aluminum and ensure that domestic producers can continue
    to supply all the aluminum necessary for critical industries

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    and national defense. Under current circumstances, this tariff is
    necessary and appropriate to address the threat that imports of aluminum
    articles pose to the national security.
    8. In adopting this tariff, I recognize that our Nation has important
    security relationships with some countries whose exports of aluminum to
    the United States weaken our internal economy and thereby threaten to
    impair the national security. I also recognize our shared concern about
    global excess capacity, a circumstance that is contributing to the
    threatened impairment of the national security. 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. 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, make any corresponding
    adjustments to the tariff as it applies to other countries as our
    national security interests require.
    9. I conclude that Canada and Mexico present a special case. Given our
    shared commitment to supporting each other in addressing national
    security concerns, our shared commitment to addressing global excess
    capacity for producing aluminum, the physical proximity of our
    respective industrial bases, the robust economic integration between our
    countries, the export of aluminum produced in the United States to
    Canada and Mexico, and the close relation of the economic welfare of the
    United States to our national security, see 19 U.S.C. 1862(d), I have
    determined that the necessary and appropriate means to address the
    threat to the national security posed by imports of aluminum articles
    from Canada and Mexico is to continue ongoing discussions with these
    countries and to exempt aluminum articles imports from these countries
    from the tariff, at least at this time. I expect that Canada and Mexico
    will take action to prevent transshipment of aluminum articles through
    Canada and Mexico to the United States.
    10. In the meantime, the tariff imposed by this proclamation is an
    important first step in ensuring the economic viability of our domestic
    aluminum industry. Without this tariff and satisfactory outcomes in
    ongoing negotiations with Canada and Mexico, the industry will continue
    to decline, leaving the United States at risk of becoming reliant on
    foreign producers of aluminum to meet our national security needs--a
    situation that is fundamentally inconsistent with the safety and
    security of the American people. It is my judgment that the tariff
    imposed by this proclamation is necessary and appropriate to adjust
    imports of aluminum articles so that such imports will not threaten to
    impair the national security as defined in section 232 of the Trade
    Expansion Act of 1962, as amended.
    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 301 of title 3,
    United States Code, section 604 of the Trade Act of 1974, as amended,
    and section 232 of the Trade Expansion Act of 1962, as amended, do
    hereby proclaim as follows:

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    (1) For the purposes of this proclamation, ``aluminum articles''; are
    defined in the Harmonized Tariff Schedule (HTS) as: (a) unwrought
    aluminum (HTS 7601); (b) aluminum bars, rods, and profiles (HTS 7604);
    (c) aluminum wire (HTS 7605); (d) aluminum plate, sheet, strip, and foil
    (flat rolled products) (HTS 7606 and 7607); (e) aluminum tubes and pipes
    and tube and pipe fitting (HTS 7608 and 7609); and (f) aluminum castings
    and forgings (HTS 7616.99.51.60 and 7616.99.51.70), including any
    subsequent revisions to these HTS classifications.
    (2) In order to establish increases in the duty rate on imports of
    aluminum articles, subchapter III of chapter 99 of the HTSUS is modified
    as provided in the Annex to this proclamation. Except as otherwise
    provided in this proclamation, or in notices published pursuant to
    clause 3 of this proclamation, all imports of aluminum articles
    specified in the Annex shall be subject to an additional 10 percent ad
    valorem rate of duty with respect to goods entered, or withdrawn from
    warehouse for consumption, on or after 12:01 a.m. eastern daylight time
    on March 23, 2018. 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 all
    countries except Canada and Mexico.
    (3) 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 additional
    duties set forth in clause 2 of this proclamation 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 exclusion is made by a
    directly affected party located in the United States. If the Secretary
    determines that a particular aluminum article should be excluded, the
    Secretary shall, upon publishing a notice of such determination in the
    Federal Register, notify 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.
    The Secretary shall consult with CBP to determine whether the HTSUS
    provisions created by the Annex to this proclamation should be modified
    in order to ensure the proper administration of such exclusion, and, if
    so, shall make such modification to the HTSUS through a notice in the
    Federal Register.
    (4) Within 10 days after the date of this proclamation, the Secretary
    shall issue procedures for the requests for exclusion described in
    clause 3 of this proclamation. The issuance of such procedures is exempt
    from Executive Order 13771 of January 30, 2017 (Reducing Regulation and
    Controlling Regulatory Costs).
    (5) (a) The modifications to the HTSUS made by the Annex to this
    proclamation shall be effective with respect to goods entered, or
    withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern
    daylight time on March 23, 2018, and shall continue in effect, unless
    such actions are expressly reduced, modified, or terminated.

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    (b) The Secretary shall continue to monitor imports of aluminum
    articles and shall, from time to time, in consultation with the
    Secretary of State, the Secretary of the Treasury, the Secretary of
    Defense, the USTR, the Assistant to the President for National Security
    Affairs, the Assistant to the President for Economic Policy, the
    Director of the Office of Management and Budget, and such other senior
    Executive Branch officials as the Secretary deems appropriate, review
    the status of such imports with respect to the national security. The
    Secretary shall inform the President of any circumstances that in the
    Secretary's opinion might indicate the need for further action by the
    President under section 232 of the Trade Expansion Act of 1962, as
    amended. The Secretary shall also inform the President of any
    circumstance that in the Secretary's opinion might indicate that the
    increase in duty rate provided for in this proclamation is no longer
    necessary.
    (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 eighth day of
    March, 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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