    [United States Statutes at Large, Volume 133, 116th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 9893 of May 19, 2019

    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 were 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.
    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 were 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 most countries.
    3. In Proclamation 9704, 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

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    the tariff as it applies to other countries, as the national security
    interests of the United States require.
    4. The United States has successfully concluded discussions with Canada
    and Mexico on satisfactory alternative means to address the threatened
    impairment of the national security posed by aluminum imports from
    Canada and Mexico. The United States has agreed on a range of measures
    with Canada and Mexico to prevent the importation of aluminum that is
    unfairly subsidized or sold at dumped prices, to prevent the
    transshipment of aluminum, and to monitor for and avoid import surges.
    These measures are expected to allow imports of aluminum from Canada and
    Mexico to remain stable at historical levels without meaningful
    increases, thus permitting the domestic capacity utilization to remain
    reasonably commensurate with the target level recommended in the
    Secretary's report. In my judgment, these measures will provide
    effective, long-term alternative means to address the contribution of
    these countries' imports to the threatened impairment of the national
    security.
    5. In light of these agreements, I have determined that, under the
    framework in the agreements, imports of aluminum from Canada and Mexico
    will no longer threaten to impair the national security, and thus I have
    decided to exclude Canada and Mexico from the tariff proclaimed in
    Proclamation 9704, as amended. The United States will monitor the
    implementation and effectiveness of these measures in addressing our
    national security needs, and I may revisit this determination as
    appropriate.
    6. In light of my determination to exclude, on a long-term basis, these
    countries from the tariff proclaimed in Proclamation 9704, as amended, I
    have considered whether it is necessary and appropriate in light of our
    national security interests to make any corresponding adjustments to
    such tariff as it applies to other countries. I have determined that, in
    light of the agreed-upon measures with Canada and Mexico, it is
    necessary and appropriate, at this time, to maintain the current tariff
    level as it applies to other countries.
    7. 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.
    8. 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) Clause 2 of Proclamation 9704, as amended, is further amended in
    the second sentence by deleting the ``and'' before ``(c)'' and inserting

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    before the period at the end: ``, and (d) on or after 12:01 a.m. eastern
    daylight time on May 20, 2019, from all countries except Argentina,
    Australia, Canada, and Mexico''.
    (2) The ``Article description'' for heading 9903.85.01, in
    subchapter III of chapter 99 of the HTSUS, is amended by replacing ``of
    Australia'' with ``of Australia, of Canada, of Mexico''.
    (3) The modifications made by clauses 1 and 2 of 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 May 20, 2019, and shall continue in effect, unless such
    actions are expressly reduced, modified, or terminated.
    (4) Any imports of aluminum articles from Canada and Mexico that
    were 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 May 20, 2019, shall not be subject upon entry for
    consumption made after 12:01 a.m. eastern daylight time on May 20, 2019,
    to the additional 10 percent ad valorem rate of duty imposed by
    Proclamation 9704, as amended.
    (5) 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 nineteenth day of
    May, in the year of our Lord two thousand nineteen, and of the
    Independence of the United States of America the two hundred and forty-
    third.
    DONALD J. TRUMP