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

    Proclamation 10060 of August 6, 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
    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

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    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, 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 9704, I also directed the Secretary to monitor
    imports of aluminum articles and inform me of any circumstances that
    in the Secretary's opinion might indicate the need for further action
    under section 232 of the Trade Expansion Act of 1962, as amended, with
    respect to such imports.
    6. The Secretary has now advised me that imports of non-alloyed
    unwrought aluminum from Canada, which accounted for 59 percent of total
    aluminum imports from Canada during June 2019 through May 2020,
    increased substantially in the twelve months following my decision to
    exclude, on a long-term basis, Canada from the tariff proclaimed in
    Proclamation 9704. Imports of non-alloyed unwrought aluminum from Canada
    during June 2019 through May 2020 increased 87 percent compared to the
    prior twelve-month period and exceeded the volume of any full calendar
    year in the previous decade. Moreover, imports of these articles from
    Canada continue to increase, reaching in June of this year the highest
    level of any month since I decided to adjust imports of aluminum
    articles in Proclamation 9704. The increase in imports of these articles
    from Canada is principally responsible for the 27 percent increase in
    total aluminum imports from Canada during June 2019 through May 2020.
    7. Canada is the largest source of United States imports of non-alloyed
    unwrought aluminum, accounting for nearly two-thirds of total imports of
    these articles from all countries in 2019 and approximately 75 percent
    of total imports in the first five months of 2020. The surge in imports
    of these articles from Canada coincides with a decrease in imports of
    these articles from other countries and threatens to harm domestic
    aluminum production and capacity utilization.
    8. In light of the Secretary's information, I have determined that the
    measures agreed upon with Canada are not providing an effective
    alternative means to address the threatened impairment to our national
    security from imports of aluminum from Canada. Thus, I have determined
    that it is 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, commensurate
    with the tariff imposed on such articles imported from most countries.
    9. The United States will continue to monitor the implementation and
    effectiveness of the measures agreed upon with Canada in addressing our
    national security needs, including with respect to imports of other
    aluminum articles. In particular, the United States will monitor for
    import surges of articles that continue to be exempt from the tariff
    proclaimed in Proclamation 9704, to ensure that exports of non-alloyed
    unwrought aluminum to the United States are not simply reoriented

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    into increased exports of alloyed, further processed, or wrought
    aluminum articles.
    10. 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.
    11. 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
    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) Clause 2 of Proclamation 9704, as amended, is further amended in
    the second sentence by deleting ``and''; before ``(d)''; and inserting
    before the period at the end: ``, (e) on or after 12:01 a.m. eastern
    daylight time on August 16, 2020, from all countries except Argentina,
    Australia, and Mexico; and (f) on or after 12:01 a.m. eastern daylight
    time on August 16, 2020, from Canada, except with respect to imports of
    non-alloyed unwrought aluminum provided for in subheading 7601.10, which
    shall be subject to the additional 10 percent ad valorem rate of
    duty'';.
    (2) The Secretary, in consultation with U.S. Customs and Border
    Protection 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.
    (3) The modifications made by clause 1 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 August 16, 2020, and shall continue in effect, unless such
    actions are expressly reduced, modified, or terminated.
    (4) Any exclusion of aluminum articles from Canada granted by the
    Secretary of Commerce pursuant to clause 3 of Proclamation 9704, as
    amended, that has not expired shall be valid under the modifications to
    the HTSUS made by this proclamation. Previously granted exclusions that
    have expired may be renewed.
    (5) Any imports of non-alloyed unwrought aluminum articles from
    Canada provided for in subheading 7601.10 that were admitted into a
    United States foreign trade zone under ``privileged foreign status''; as
    defined in 19 CFR 146.41 prior to 12:01 a.m. eastern daylight time on
    August 16, 2020, shall be subject upon entry for consumption on or after
    such time and date to the 10 percent ad valorem rate of duty imposed by
    Proclamation 9704, as amended. Any imports of non-alloyed unwrought
    aluminum articles from Canada provided for in subheading 7601.10, except
    any articles that are eligible for admission under ``do-

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    mestic 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
    August 16, 2020, shall be admitted only as ``privileged foreign
    status''; as defined in 19 CFR 146.41, and shall be subject upon entry
    for consumption on or after such time and date to the 10 percent ad
    valorem rate of duty imposed by Proclamation 9704, as amended.

    (6) Non-alloyed unwrought aluminum articles provided for in
    subheading 7601.10 shall not be subject upon entry for consumption to
    the duty established in clause 2 of Proclamation 9704, as amended,
    merely by reason of manufacture in a U.S. foreign trade zone. However,
    non-alloyed unwrought aluminum articles provided for in subheading
    7601.10 admitted to a U.S. foreign trade zone in ``privileged foreign
    status''; pursuant to clause 5 of this proclamation, shall retain that
    status consistent with 19 CFR 146.41(e).
    (7) No drawback shall be available with respect to the duties
    imposed pursuant to this proclamation.
    (8) 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 sixth day of
    August, in the year of our Lord two thousand twenty, and of the
    Independence of the United States of America the two hundred and forty-
    fifth.
    DONALD J. TRUMP

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