[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