[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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