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

 
Proclamation 9710 of March 22, 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).
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 (aluminum articles), by imposing a 10 percent ad valorem tariff on
such articles imported from all countries except Canada and Mexico.
3. In proclaiming this tariff, I recognized that our Nation has
important security relationships with some countries whose exports of
aluminum articles to the United States weaken our internal economy and
thereby threaten to impair the national security. I also recognized our
shared concern about global excess capacity, a circumstance that is
contributing to the threatened impairment of the national security. I
further determined 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.
4. The United States is continuing discussions with Canada and Mexico,
as well as the following countries, on satisfactory alternative means to
address the threatened impairment to the national security by imports of
aluminum articles from those countries: the Commonwealth of Australia
(Australia), the Argentine Republic (Argentina), the Republic of Korea
(South Korea), the Federative Republic of Brazil (Brazil), and the
European Union (EU) on behalf of its member countries. Each of these
countries has an important security relationship with the United States
and I have determined that the necessary and appropriate means to
address the threat to the national security posed by imports from
aluminum articles from these countries is to continue these discussions
and to exempt aluminum articles imports from these countries from the
tariff, at least at this time. Any country not listed in this
proclamation with which we have a security relationship remains welcome
to discuss with the United States alternative ways to address the

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threatened impairment of the national security caused by imports of
aluminum articles from that country.
5. The United States has an important security relationship with
Australia, including our shared commitment to supporting each other in
addressing national security concerns, particularly through our
security, defense, and intelligence partnership; the strong economic and
strategic partnership between our countries; our shared commitment to
addressing global excess capacity in aluminum production; and the
integration of Australian persons and organizations into the national
technology and industrial base of the United States.
6. The United States has an important security relationship with
Argentina, including our shared commitment to supporting each other in
addressing national security concerns in Latin America, particularly the
threat posed by instability in Venezuela; our shared commitment to
addressing global excess capacity in aluminum production; the reciprocal
investment in our respective industrial bases; and the strong economic
integration between our countries.
7. The United States has an important security relationship with South
Korea, including our shared commitment to eliminating the North Korean
nuclear threat; our decades-old military alliance; our shared commitment
to addressing global excess capacity in aluminum production; and our
strong economic and strategic partnership.
8. The United States has an important security relationship with Brazil,
including our shared commitment to supporting each other in addressing
national security concerns in Latin America; our shared commitment to
addressing global excess capacity in aluminum production; the reciprocal
investment in our respective industrial bases; and the strong economic
integration between our countries.
9. The United States has an important security relationship with the EU
and its constituent member countries, including our shared commitment to
supporting each other in national security concerns; the strong economic
and strategic partnership between the United States and the EU, and
between the United States and EU member countries; and our shared
commitment to addressing global excess capacity in aluminum production.
10. In light of the foregoing, 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
ongoing discussions and to increase strategic partnerships, including
those with respect to reducing global excess capacity in aluminum
production by addressing its root causes. In my judgment, discussions
regarding measures to reduce excess aluminum production and excess
aluminum capacity, measures that will increase domestic capacity
utilization, and other satisfactory alternative means will be most
productive if the tariff proclaimed in Proclamation 9704 on aluminum
articles imports from these countries is removed at this time.
11. However, the tariff imposed by Proclamation 9704 remains an
important first step in ensuring the economic viability of our domestic
aluminum industry and removing the threatened impairment of the national
security. Without this tariff and the adoption of satisfactory
alternative means addressing long-term solutions in ongoing discussions
with the countries listed as excepted in clause 1 of this proclamation,

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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. 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 a particular
country listed as excepted in clause 1 of this proclamation, the tariff
set forth in clause 2 of Proclamation 9704 shall be effective May 1,
2018, for the countries listed as excepted in clause 1 of this
proclamation. In the event that a satisfactory alternative means is
reached such that I decide to exclude on a long-term basis a particular
country from the tariff proclaimed in Proclamation 9704, I will also
consider whether it is necessary and appropriate in light of our
national security interests to make any corresponding adjustments to the
tariff set forth in clause 2 of Proclamation 9704 as it applies to other
countries. Because the current tariff exemptions are temporary, however,
I have determined that it is necessary and appropriate to maintain the
current tariff level at this time.
12. In the meantime, to prevent transshipment, excess production, or
other actions that would lead to increased exports of aluminum articles
to the United States, the United States Trade Representative, in
consultation with the Secretary and the Assistant to the President for
Economic Policy, shall advise me on the appropriate means to ensure that
imports from countries exempt from the tariff imposed in Proclamation
9704 do not undermine the national security objectives of such tariff.
If necessary and appropriate, I will consider directing U.S. Customs and
Border Protection (CBP) of the Department of Homeland Security to
implement a quota as soon as practicable, and will take into account all
aluminum articles imports since January 1, 2018, in setting the amount
of such quota.
13. 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.
14. 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, as defined in clause 1 of
Proclamation 9704, from the countries listed in this clause shall be
exempt from the duty established in clause 2 of Proclamation 9704 until
12:01 a.m. eastern daylight time on May 1, 2018. Further, clause 2 of
Proclamation 9704 is amended by striking the last two sentences and
insert

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ing the following two sentences: ``Except 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, 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 Canada, Mexico, Australia,
Argentina, South Korea, Brazil, and the member countries of the European
Union, and (b) on or after 12:01 a.m. eastern daylight time on May 1,
2018, from all countries. 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) Paragraph (a) of U.S. note 19, added to subchapter III of
chapter 99 of the HTSUS by the Annex to Proclamation 9704, is amended by
replacing ``Canada and of Mexico''; with ``Canada, of Mexico, of
Australia, of Argentina, of South Korea, of Brazil, and of the member
countries of the European Union'';.
(3) The ``Article description''; for heading 9903.85.01 of the HTSUS
is amended by replacing ``Canada or of Mexico''; with ``Canada, of
Mexico, of Australia, of Argentina, of South Korea, of Brazil, or of the
member countries of the European Union'';.
(4) The exemption afforded to aluminum articles from Canada, Mexico,
Australia, Argentina, South Korea, Brazil, and the member countries of
the EU shall apply only to aluminum articles of such countries entered,
or withdrawn from warehouse for consumption, through the close of April
30, 2018, at which time Canada, Mexico, Australia, Argentina, South
Korea, Brazil, and the member countries of the EU shall be deleted from
paragraph (a) of U.S. note 19 to subchapter III of chapter 99 of the
HTSUS and from the article description of heading 9903.85.01 of the
HTSUS.
(5) Any aluminum article that is admitted into a U.S. foreign trade
zone on or after 12:01 a.m. eastern daylight time on March 23, 2018, may
only be admitted as ``privileged foreign status''; as defined in 19 CFR
146.41, and will be subject upon entry for consumption to any ad valorem
rates of duty related to the classification under the applicable HTSUS
subheading. Any aluminum article that was admitted into a U.S. foreign
trade zone under ``privileged foreign status''; as defined in 19 CFR
146.41, prior to 12:01 a.m. eastern daylight time on March 23, 2018,
will likewise be subject upon entry for consumption to any ad valorem
rates of duty related to the classification under applicable HTSUS
subheadings imposed by Proclamation 9704, as amended by this
proclamation.
(6) Clause 3 of Proclamation 9704 is amended by inserting a new
third sentence reading as follows: ``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.'';.
(7) Clause 3 of Proclamation 9704, as amended by clause 6 of this
proclamation, is further amended by inserting a new fifth sentence as
follows: ``For merchandise entered on or after the date the directly
affected party submitted a request for exclusion, such relief shall be
ret

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roactive to the date the request for exclusion was posted for public
comment.'';.
(8) The Secretary, in consultation with CBP 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.
(9) 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-second 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