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

 
Proclamation 9739 of April 30, 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

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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, by imposing a 10 percent ad valorem tariff on such articles
imported from all countries except Canada and Mexico. I further stated
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.
3. In Proclamation 9710 of March 22, 2018 (Adjusting Imports of Aluminum
Into the United States), I noted the continuing discussions with the
Argentine Republic (Argentina), the Commonwealth of Australia
(Australia), the Federative Republic of Brazil (Brazil), Canada, Mexico,
the Republic of Korea (South Korea), and the European Union (EU) on
behalf of its member countries, on satisfactory alternative means to
address the threatened impairment to the national security by imports of
aluminum articles from those countries. Recognizing that each of these
countries and the EU has an important security relationship with the
United States, I determined that the necessary and appropriate means to
address the threat to national security posed by imports of aluminum
articles from these countries was to continue the ongoing discussions
and to exempt aluminum articles imports from these countries from the
tariff proclaimed in Proclamation 9704 until May 1, 2018.
4. The United States has agreed in principle with Argentina, Australia,
and Brazil on satisfactory alternative means to address the threatened
impairment to our national security posed by aluminum articles imported
from these countries. I have determined that the necessary and
appropriate means to address the threat to national security posed by
imports of aluminum articles from Argentina, Australia, and Brazil is to
extend the temporary exemption of these countries from the tariff
proclaimed in Proclamation 9704, in order to finalize the details of
these satisfactory alternative means to address the threatened
impairment to our national security posed by aluminum articles imported
from these countries. In my judgment, and for the reasons I stated in
paragraph 10 of Proclamation 9710, these discussions will be most
productive if aluminum articles from Argentina, Australia, and Brazil
remain exempt from the tariff proclaimed in Proclamation 9704, until the
details can be finalized and implemented by proclamation. Because the
United States has agreed in principle with these countries, in my
judgment, it is unnecessary to set an expiration date for the
exemptions.

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Nevertheless, if the satisfactory alternative means are not finalized
shortly, I will consider re-imposing the tariff.
5. The United States is continuing discussions with Canada, Mexico, and
the EU. 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 these discussions and to
extend the temporary exemption of these countries from the tariff
proclaimed in Proclamation 9704, at least at this time. In my judgment,
and for the reasons I stated in paragraph 10 of Proclamation 9710, these
discussions will be most productive if aluminum articles from these
countries remain exempt from the tariff proclaimed in Proclamation 9704.
6. For the reasons I stated in paragraph 11 of Proclamation 9710,
however, the tariff imposed by Proclamation 9704 remains an important
first step in ensuring the economic stability of our domestic aluminum
industry and removing the threatened impairment of the national
security. 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 Canada, Mexico, and the member countries of the
EU, the tariff set forth in clause 2 of Proclamation 9704 shall be
effective June 1, 2018, for these countries.
7. I have determined that, in light of the ongoing discussions that may
result in long-term exclusions from the tariff proclaimed in
Proclamation 9704, it is necessary and appropriate, at this time, to
maintain the current tariff level as it applies to other countries.
8. 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.
9. 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 from Argentina, Australia, and
Brazil shall be exempt from the duty established in clause 2 of
Proclamation 9704, as amended by clause 1 of Proclamation 9710. Imports
of all aluminum articles from Canada, Mexico, and the member countries
of the EU shall be exempt from the duty established in clause 2 of
Proclamation 9704 until 12:01 a.m. eastern daylight time on June 1,
2018. Further, clause 2 of Proclamation 9704, as amended by clause 1 of
Proclamation 9710, is also amended by striking the last two sentences
and inserting in lieu thereof the following two sentences: ``Ex

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cept 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 for consumption, 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 Argentina, Australia, Brazil, Canada, Mexico, South Korea, and
the member countries of the European Union, (b) on or after 12:01 a.m.
eastern daylight time on May 1, 2018, from all countries except
Argentina, Australia, Brazil, Canada, Mexico, and the member countries
of the European Union, and (c) on or after 12:01 a.m. eastern daylight
time on June 1, 2018, from all countries except Argentina, Australia,
and Brazil. 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) The exemption afforded to aluminum articles from Canada, Mexico,
and the member countries of the EU shall apply only to aluminum articles
of such countries entered for consumption, or withdrawn from warehouse
for consumption, through the close of May 31, 2018, at which time such
countries shall be deleted from the article description of heading
9903.85.01 of the HTSUS.
(3) Clause 5 of Proclamation 9710 is amended by inserting the phrase
``, except those eligible for admission under ``domestic status''; as
defined in 19 CFR 146.43, which is subject to the duty imposed pursuant
to Proclamation 9704, as amended by Proclamation 9710,''; after the
words ``Any aluminum article''; in the first and second sentences.
(4) Aluminum articles shall not be subject upon entry for
consumption to the duty established in clause 2 of Proclamation 9704, as
amended by clause 1 of this proclamation, merely by reason of
manufacture in a U.S. foreign trade zone. However, aluminum articles
admitted to a U.S. foreign trade zone in ``privileged foreign status'';
pursuant to clause 5 of Proclamation 9710, as amended by clause 3 of
this proclamation, shall retain that status consistent with 19 CFR
146.41(e).
(5) No drawback shall be available with respect to the duties
imposed on any aluminum article pursuant to Proclamation 9704, as
amended by clause 1 of this proclamation.
(6) The Secretary, in consultation with U.S. Customs and Border
Protection of the Department of Homeland Security 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.
(7) 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 thirtieth day of
April, 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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