    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 10106 of October 27, 2020
    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. I further stated that any country with

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    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 9893 of May 19, 2019 (Adjusting Imports of Aluminum
    Into the United States), I noted that the United States had successfully
    concluded discussions with Canada on satisfactory alternative means to
    address the threatened impairment of the national security posed by
    aluminum imports from Canada. In particular, the United States agreed on
    a range of measures with Canada that were expected to allow imports of
    aluminum from Canada 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. These included measures to monitor for and avoid
    import surges.
    4. In light of this agreement, I determined that, under the framework in
    the agreement established with Canada, imports of aluminum from Canada
    would no longer threaten to impair the national security, and thus I
    decided to exclude Canada from the tariff proclaimed in Proclamation
    9704, as amended. I noted that the United States would monitor the
    implementation and effectiveness of the measures agreed upon with Canada
    in addressing our national security needs, and that I may revisit this
    determination as appropriate.
    5. In Proclamation 10060 of August 6, 2020 (Adjusting Imports of
    Aluminum Into the United States), I noted that imports of non-alloyed
    unwrought aluminum from Canada had increased substantially following my
    decision to exclude, on a long-term basis, Canada from the tariff
    proclaimed in Proclamation 9704. I further noted that this surge in
    imports coincided with a decrease in imports of these articles from
    other countries and threatened to harm domestic aluminum production and
    capacity utilization. In light of these circumstances, I determined that
    it was necessary and appropriate to re-impose the 10 percent ad valorem
    tariff proclaimed in Proclamation 9704, as amended, on imports of non-
    alloyed unwrought aluminum articles from Canada.
    6. The United States has held consultations with Canada regarding
    exports of non-alloyed unwrought aluminum from Canada to the United
    States. On the basis of these consultations, the United States expects
    that exports of these articles from Canada to the United States will
    decrease significantly in the remaining months of 2020, from a monthly
    average of approximately 154,000 metric tons in the first 7 months of
    this year to a monthly average of approximately 77,000 tons in September
    through December. This 50 percent decrease in the volume would reduce
    United States imports of non-alloyed unwrought aluminum from Canada to a
    level below the average of monthly imports of these articles from Canada
    in any calendar year in the past decade, thus alleviating the threatened
    harm to domestic aluminum production and capacity utilization posed by
    the previous surge in imports of these articles.

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    7. In light of these changed circumstances, and in view of the measures
    previously agreed upon with Canada to address the threatened impairment
    of the national security posed by aluminum imports from Canada, as
    described in Proclamation 9893, I have determined that imports of
    aluminum from Canada will no longer threaten to impair the national
    security, and thus I have decided to reinstate Canada's exclusion from
    the tariff on these articles proclaimed in Proclamation 9704, as
    amended. As specified in this proclamation, I may re-impose the tariff
    proclaimed in Proclamation 9704 on imports of non-alloyed unwrought
    aluminum from Canada in the event that the volume of imports of these
    articles from Canada in the remaining months of 2020 exceeds the
    quantities that the United States expects will be exported from Canada
    to the United States during this period. The United States and Canada
    expect to hold further consultations in December 2020 to discuss the
    state of aluminum trade between the two countries in light of trade
    patterns in the last 4 months of 2020 and expected market conditions in
    2021.
    8. The United States will continue to monitor the implementation and
    effectiveness of the measures agreed upon with Canada in addressing our
    national security needs, as described in Proclamation 9893, both with
    respect to imports of non-alloyed unwrought aluminum and imports of
    other aluminum articles.
    9. 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.
    10. 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 ``and''; before ``(f)''; and inserting
    before the period at the end: ``, and (g) on or after 12:01 a.m. eastern
    daylight time on September 1, 2020, from all countries except Argentina,
    Australia, Canada, and Mexico.'';.
    (2) In order to establish the removal of the additional duty rate on
    imports of non-alloyed unwrought aluminum from Canada, subchapter III of
    chapter 99 of the HTSUS is modified as provided in the Annex to this
    proclamation.
    (3) The Secretary, in consultation with the United States Trade
    Representative, shall continue to monitor imports of aluminum articles,
    in particular imports of non-alloyed unwrought aluminum from
    Canada. In the event that imports of non-alloyed unwrought aluminum from

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    Canada exceed 105 percent of the volumes set forth below for any month, I will
    consider re-imposing the tariff proclaimed in Proclamation 9704 to
    imports of these articles from Canada, which may include retroactive
    application to articles entered for consumption, or withdrawn from
    warehouse for consumption, on or after 12:01 a.m. eastern daylight time
    on September 1, 2020. The volumes are: 83,000,000 kilograms for
    September 2020; 70,000,000 kilograms for October 2020; 83,000,000
    kilograms for November 2020; and 70,000,000 kilograms for December 2020.
    In the event that imports of non-alloyed unwrought aluminum from Canada
    exceed 105 percent of the volumes above for any month, I may consider
    whether the volume stipulated for the following month is reduced by the
    amount of the excess in making my determination whether to re-impose the
    tariff. I may also consider re-imposing the tariff proclaimed in
    Proclamation 9704 to imports of these articles from Canada based on the
    outcome of consultations between the United States and Canada in
    December 2020 and expected market conditions in 2021.
    (4) The modifications made by clause 1 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 September 1, 2020, and
    shall continue in effect, unless such actions are expressly reduced,
    modified, or terminated.
    (5) Imports of non-alloyed unwrought aluminum articles from Canada
    provided for in subheading 7601.10, except any articles that are
    eligible for admission under ``domestic status''; as defined in 19 CFR
    146.43, that are admitted into a United States foreign trade zone on or
    after 12:01 a.m. eastern daylight time on September 1, 2020, shall
    continue to be admitted only as ``privileged foreign status''; as
    defined in 19 CFR 146.41, and shall not be subject upon entry for
    consumption on or after such time and date to the duty treatment
    provided for in heading 9903.85.21, unless and until heading 9903.85.21
    becomes applicable to these articles. Imports of non-alloyed unwrought
    aluminum articles from Canada provided for in subheading 7601.10,
    admitted into a United States foreign trade zone before 12:01 a.m.
    eastern daylight time on September 1, 2020, under ``privileged foreign
    status''; as defined in 19 CFR 146.41, shall remain subject upon entry
    for consumption on or after such time and date to the additional 10
    percent ad valorem rate of duty imposed by Proclamation 9704, as
    amended.
    (6) In the event that I decide, as described in clause 3 of this
    proclamation, to re-impose the tariff proclaimed in Proclamation 9704 to
    imports of non-alloyed unwrought aluminum from Canada, including

    possible retroactive application of the tariff, no drawback shall be
    available with respect to such duties imposed.
    (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 twenty-seventh day
    of October, in the year of our Lord two thousand and twenty, and of the
    Independence of the United States of America the two hundred and forty-
    fifth.
    DONALD J. TRUMP

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