[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