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

 
Proclamation 9776 of August 29, 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). The Secretary found and advised me of his opinion 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. In light of this conclusion, the
Secretary recommended action to adjust the imports of aluminum articles
so that such imports will not threaten to impair the national security.

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The Secretary 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 domestic production
capacity of comparable products, or to exclude aluminum articles from
such restrictions for specific national security-based considerations.
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, as defined in clause 1 of Proclamation 9704, 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 these aluminum
articles by imposing a 10 percent ad valorem tariff on such articles
imported from most countries. I further authorized the Secretary to
provide relief from these additional duties 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 also to
provide such relief based on specific national security considerations.
3. Consistent with the Secretary's recommendation that I authorize him
to exclude from any adopted import restrictions those aluminum articles
for which the Secretary determines there is a lack of sufficient
domestic production of comparable products, or for specific national
security-based considerations, I have determined to authorize the
Secretary to provide relief from quantitative limitations on aluminum
articles adopted pursuant to section 232 of the Trade Expansion Act of
1962, as amended, including those set forth in Proclamation 9758 of May
31, 2018 (Adjusting Imports of Aluminum Into the United States), on the
same basis as the Secretary is currently authorized to provide relief
from the duty established in clause 2 of Proclamation 9704.
4. In light of my determinations, I have considered whether it is
necessary and appropriate in light of our national security interests to
make any corresponding adjustments to the tariff or quotas imposed by
previous proclamations. It is my judgment that it is necessary and
appropriate, at this time, to maintain the current tariff and quota
levels. As directed in Proclamation 9704, the Secretary shall continue
to monitor imports of aluminum articles and inform me of any
circumstances that, in his opinion, might indicate the need for further
action under section 232 of the Trade Expansion Act of 1962, as amended.
5. The United States continues to hold discussions with countries on
satisfactory alternative means to address the threatened impairment to
our national security posed by aluminum articles imports. Should these
discussions result in an agreement concerning such alternative means, I
will take further action as appropriate.
6. 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.
7. 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, modifica

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tion, 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) 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
quantitative limitations applicable to aluminum articles described in
subheadings 9903.85.05 and 9903.85.06 of subchapter III of chapter 99 of
the HTSUS 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 relief is
made by a directly affected party located in the United States. 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. If the
Secretary determines that relief should be granted to a requesting party
for the importation of a particular aluminum article, the Secretary
shall publicly post such determination and notify U.S. Customs and
Border Protection (CBP) of the Department of Homeland Security
concerning such article so that it will be excluded from the applicable
quantitative limitation. Relief granted under this clause shall apply
only to an article entered for consumption, or withdrawn from warehouse
for consumption, on or after the date on which the request for relief is
granted by the Secretary. Until such time as any applicable quantitative
limitation for a particular article has been reached, CBP shall count
any aluminum article for which relief is granted under this clause
toward such quantitative limitation at the time when such aluminum
article is entered for consumption or withdrawn from warehouse for
consumption. Any aluminum article for which relief is granted under this
clause shall not be subject to the additional rate of duty set forth in
Proclamation 9704, as amended. Aluminum articles for which relief is
granted under this clause shall be subject to the duty treatment
provided in subheading 9903.85.11 of subchapter III of chapter 99 of the
HTSUS, as established by the Annex to this proclamation.
(2) As soon as practicable, the Secretary shall issue procedures for
the requests for exclusion described in clause 1 of this proclamation.
The issuance of such procedures is exempt from Executive Order 13771 of
January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs).
CBP shall implement exclusions granted pursuant to clause 1 of this
proclamation as soon as practicable.
(3) Clause 3 of Proclamation 9704, as amended by Proclamation 9710,
is further amended by striking the fourth and fifth sentences and
inserting in lieu thereof the following two sentences: ``If the
Secretary

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determines that a particular aluminum article should be excluded, the
Secretary shall publicly post such determination and notify U.S. 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. For merchandise entered for
consumption, or withdrawn from warehouse for consumption, on or after
the date the duty established under this proclamation is effective and
with respect to which liquidation is not final, such relief shall be
retroactive to the date the request for relief was accepted by the
Department of Commerce.'';.
(4) Where the government of a country identified in the superior
text to subheadings 9903.85.05 and 9903.85.06 of subchapter III of
chapter 99 of the HTSUS notifies the United States that it has
established a mechanism for the certification of exports to the United
States of products covered by the quantitative limitations applicable to
these subheadings, and where such mechanism meets the operational
requirements for participation in an export certification system
administered by the United States, CBP, in consultation with the
Secretary, USTR, and other relevant executive departments and agencies,
may require that importers of these products furnish relevant export
certification information in order to qualify for the treatment set
forth in subheadings 9903.85.05 and 9903.85.06. Where CBP adopts such a
requirement, it shall publish in the Federal Register notice of the
requirement and procedures for the submission of relevant export
certification information. No article that is subject to the export
certification requirement announced in such notice may be entered for
consumption, or withdrawn from warehouse for consumption, on or after
the effective date specified in such notice, except upon presentation of
a valid and properly executed certification, in accordance with the
procedures set forth in the notice.
(5) Subdivision (c) of U.S. note 19 to subchapter III of chapter 99
of the HTSUS is amended by inserting at the end the following new
sentence: ``Pursuant to subheading 9903.85.11 and superior text thereto,
the Secretary may provide that any excluded product shall be granted
entry into the customs territory of the United States when the
applicable quantitative limitation has filled for the specified period
for such good.'';.
(6) Subdivision (d) of U.S. note 19 to subchapter III of chapter 99
of the HTSUS is amended by inserting after ``9903.85.06''; the phrase
``and 9903.85.11'';.
(7) The superior text for subheadings 9903.85.05 and 9903.85.06 of
the HTSUS is amended by deleting ``Aluminum''; and inserting in lieu
thereof: ``Except as provided in subheading 9903.85.11, aluminum'';.
(8) To implement clause 1 of this proclamation, subchapter III of
chapter 99 of the HTSUS is modified as provided in the Annex to this
proclamation.
(9) The modifications to the HTSUS made by clauses 5 through 8 of
this proclamation and the Annex to this proclamation shall be effective
with respect to goods entered for consumption, or withdrawn from
warehouse for consumption, on or after 12:01 a.m. eastern daylight time
on August 30, 2018, and shall continue in effect, unless such actions
are expressly reduced, modified, or terminated.

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(10) Clause 5 of Proclamation 9704 is amended by inserting ``for
consumption''; after ``goods entered''; in the first sentence. Clause 5
of Proclamation 9710, as amended, is amended by striking ``by this
proclamation''; from the end of the second sentence. Clause 5 of
Proclamation 9739 is amended by striking ``by clause 1 of this
proclamation'';.
(11) The Secretary, in consultation with CBP and other relevant
executive departments and agencies, shall revise the HTSUS so that it
conforms to the amendments directed by this proclamation. The Secretary
shall publish any such modification to the HTSUS in the Federal
Register.
(12) 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-ninth day of
August, in the year of our Lord two thousand eighteen, and of the
Independence of the United States of America the two hundred and forty-
third.
DONALD J. TRUMP


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