Adjusting Imports of Aluminum Into the United States
| Published date | 15 July 2024 |
| Record Number | 2024-15632 |
| Citation | 89 FR 57339 |
| Court | Executive Office Of The President |
| Section | Presidential Documents |
Federal Register, Volume 89 Issue 135 (Monday, July 15, 2024)
[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Presidential Documents]
[Pages 57339-57345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15632] Presidential Documents
Federal Register / Vol. 89, No. 135 / Monday, July 15, 2024 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 57339]]
Proclamation 10782 of July 10, 2024
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 the President a report on
the Secretary's 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 the President of the
Secretary's opinion that aluminum articles are 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), the
President concurred in the Secretary's finding that
aluminum articles are 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 by imposing a 10 percent ad valorem
tariff on such articles imported from all countries
except Canada and Mexico. Proclamation 9704 further
stated that any country with which the United States
has a security relationship is welcome to discuss
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 the President determines that imports from
that country no longer threaten to impair the national
security, the President 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 9704, the President also directed
the Secretary to monitor imports of aluminum articles
and inform the President 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.
4. In Proclamation 9893 of May 19, 2019 (Adjusting
Imports of Aluminum Into the United States), the
President noted that the United States had successfully
concluded discussions with Mexico on satisfactory
alternative means to address the threatened impairment
of the national security posed by aluminum imports from
Mexico. The United States agreed on a range of measures
with Mexico that were expected to allow imports of
aluminum from 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 the President's judgment, these
measures would provide effective, long-term alternative
means to address the contribution of Mexico's imports
to the threatened impairment of the national security.
5. The President determined in Proclamation 9893 that,
under the framework in the agreement reached with
Mexico, imports of aluminum from Mexico would no longer
threaten to impair the national security and
accordingly
[[Page 57340]]
excluded Mexico from the tariff proclaimed in
Proclamation 9704, as amended. The President noted that
the United States would monitor the implementation and
effectiveness of these measures in addressing our
national security needs, and that the President may
revisit this determination as appropriate.
6. In Proclamation 9980 of January 24, 2020 (Adjusting
Imports of Derivative Aluminum Articles and Derivative
Steel Articles Into the United States), the President
noted that, among other things, imports of certain
derivatives of aluminum articles had significantly
increased since the imposition of tariffs and quotas on
imports of aluminum articles in 2018. The President
further noted the Secretary's assessment that foreign
producers increased shipments of such derivative
articles to the United States to circumvent the duties
on aluminum articles imposed in Proclamation 9704 and
that the net effect of the increase of imports of these
derivatives had been to erode the customer base for
United States producers of aluminum and undermine the
purpose of Proclamation 9704.
7. Based on such assessments by the Secretary, the
President concluded in Proclamation 9980 that it was
necessary and appropriate in light of our national
security interests to adjust the tariffs imposed by
previous proclamations to apply to certain derivatives
of aluminum articles from most countries, excluding
Argentina, Australia, Canada, and Mexico. This action
was necessary and appropriate to address circumvention
that was undermining the effectiveness of the
adjustment of imports made in Proclamation 9704, as
amended, and to remove the threatened impairment of the
national security of the United States found in that
proclamation.
8. The Secretary has informed me that domestic aluminum
producers' capacity utilization remains below the
target 80 percent capacity utilization recommended in
the Secretary's report of January 19, 2018, and imports
of aluminum articles from Mexico have increased
significantly as compared to their levels at the time
of Proclamation 9893. Furthermore, Mexico lacks primary
aluminum smelting capabilities, and the country of
smelt or country of most recent cast is unknown for a
significant volume of aluminum imports from Mexico. In
the Secretary's opinion, these developments indicate
the need for further action under section 232 of the
Trade Expansion Act of 1962, as amended, with respect
to such aluminum imports. In monitoring the
implementation and effectiveness of the agreement with
Mexico in addressing our national security needs, I
have determined that it is appropriate to revisit the
President's determination in Proclamation 9893
regarding the applicability of the tariff imposed in
Proclamation 9704 to aluminum articles imports from
Mexico.
9. Accordingly, the United States will implement a
country of smelt and country of most recent cast
requirement for imports of aluminum articles that are
products of Mexico, and will increase the section 232
duty rate for imports of aluminum articles and
derivative aluminum articles that are products of
Mexico containing aluminum for which the reported
primary country of smelt, secondary country of smelt,
or country of most recent cast is China, Russia
(subject to paragraph 10 of this proclamation),
Belarus, or Iran. In order to be eligible for
importation free from section 232 tariffs, aluminum
articles and derivative aluminum articles that are
products of Mexico must be accompanied by a certificate
of analysis and must not contain primary aluminum for
which the reported primary country of smelt, secondary
country of smelt, or country of most recent cast is
China, Russia (subject to paragraph 10 of this
proclamation), Belarus, or Iran. In my judgment, these
measures will provide an effective, long-term
alternative means to address any contribution by
Mexican aluminum articles imports to the threatened
impairment of the national security by restraining
aluminum articles imports to the United States from
Mexico, limiting transshipment, and discouraging excess
aluminum capacity and production. The United States
will monitor the implementation and effectiveness of
the measures agreed upon with Mexico in addressing our
national security needs, and I may revisit this
determination, as appropriate.
[[Page 57341]]
10. In Proclamation 10522 of February 24, 2023
(Adjusting Imports of Aluminum Into the United States),
the President determined that it was necessary and
appropriate to impose a 200 percent ad valorem tariff
on aluminum articles where any amount of primary
aluminum used in the manufacture of the aluminum
articles is smelted in Russia, or the aluminum articles
are cast in Russia, and derivative aluminum articles
where any amount of primary aluminum used in the
manufacture of the derivative aluminum articles is
smelted in Russia, or the derivative aluminum articles
are cast in Russia. Proclamation 10522 shall continue
to apply to aluminum articles and derivative aluminum
articles that are products of Mexico to the extent such
articles contain any primary aluminum that is smelted
or cast in Russia. If Proclamation 10522 is suspended,
this proclamation shall apply with respect to aluminum
articles and derivative aluminum articles that are the
product of Mexico and contain primary aluminum for
which the primary country of smelt, secondary country
of smelt, or country of most recent cast, is Russia.
While in effect, Proclamation 10522 supersedes this
proclamation.
11. To prevent transshipment, excess production, or
other actions that would lead to increased exports of
aluminum articles to the United States, the United
States Trade Representative, in consultation with the
Secretary, shall advise me if there is a surge in
imports of aluminum articles to the United States from
Mexico and on the appropriate means to ensure that such
imports from Mexico do not undermine the national
security objectives of the tariff imposed in
Proclamation 9704, as amended. If necessary and
appropriate, I will consider directing the U.S. Customs
and Border Protection (CBP) of the Department of
Homeland Security to no longer exclude imports of
aluminum articles from Mexico from the tariff imposed
in Proclamation 9704, as amended.
12. In light of my determination to adjust the tariff
proclaimed in Proclamation 9704, as amended, as applied
to eligible aluminum articles imports from Mexico, 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 it is
necessary and appropriate, at this time, to maintain
the current tariff level as it applies to other
countries.
13. 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.
14. 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, JOSEPH R. BIDEN JR., 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) To establish a country of smelt and country of
most recent cast requirement for imports of aluminum
articles and derivative aluminum articles from Mexico,
and an increase in the duty rate for imports of
aluminum articles and derivative aluminum articles that
are products of Mexico containing aluminum for which
the reported primary country of smelt, secondary
country of smelt, or country of most recent cast is
China, Russia (subject to paragraph 10 of this
proclamation), Belarus, or Iran, amendments to U.S.
note 19 to subchapter III of chapter 99 and new HTSUS
headings are provided for in the Annex to this
proclamation. Imports of aluminum articles and
derivative aluminum articles that are products of
Mexico shall
[[Page 57342]]
be exempt from the new duty provided that such aluminum
products do not contain primary aluminum for which the
reported primary country of smelt, secondary country of
smelt, or country of most recent cast is China, Russia
(subject to paragraph 10 of this proclamation),
Belarus, or Iran.
(2) Aluminum articles eligible for treatment under
clause 1 of this proclamation must be accompanied by a
certificate of analysis in order to receive such
treatment. Eligible aluminum articles must not contain
primary aluminum for which the reported primary country
of smelt, secondary country of smelt, and country of
most recent cast is China, Russia (subject to paragraph
10 of this proclamation), Belarus, or Iran. ``Primary
country of smelt'' is defined as the country where the
largest volume of new aluminum metal is produced from
alumina (or aluminum oxide) by the electrolytic Hall-
H[eacute]roult process. ``Secondary country of smelt''
is the country where the second largest volume of new
aluminum metal is produced from alumina (or aluminum
oxide) by the electrolytic Hall-H[eacute]roult process.
``Country of most recent cast'' refers to the country
where the aluminum (with or without alloying elements)
was last liquified by heat and cast into a solid state.
The final solid state can take the form of either a
semi-finished product (slab, billets or ingots) or a
finished aluminum product. The Secretary, in
consultation with the Secretary of Homeland Security
and the United States Trade Representative, is
authorized to take such actions as are necessary to
ensure compliance with this requirement. Failure to
comply could result in applicable remedies or penalties
under United States law.
(3) For purposes of implementing this and other
proclamations, importers shall provide to CBP the
information necessary to identify the countries where
the primary aluminum used in the manufacture of
aluminum articles imports covered by clause 1 of
Proclamation 9704 are smelted and information necessary
to identify the countries where such aluminum articles
imports are cast. CBP shall implement the smelt and
cast information requirements as soon as practicable.
(4) The modifications to the HTSUS 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 July 10, 2024, and shall
continue in effect, unless such actions are expressly
reduced, modified, or terminated.
(5) Any imports of aluminum articles that are
products of Mexico and 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 July 10, 2024, shall be
subject upon entry for consumption made on or after
12:01 a.m. eastern daylight time on July 10, 2024, to
the provisions of Proclamation 9893, Proclamation 9980,
and Proclamation 10522 (for imports containing aluminum
smelt or cast in Russia).
(6) 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.
[[Page 57343]]
IN WITNESS WHEREOF, I have hereunto set my hand this
tenth day of July, in the year of our Lord two thousand
twenty-four, and of the Independence of the United
States of America the two hundred and forty-eighth.
(Presidential Sig.)
Billing code 3395-F4-P
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[FR Doc. 2024-15632
Filed 7-12-24; 8:45 am]
Billing code 7020-02-C
