Adjusting Imports of Aluminum Into the United States

Published date23 May 2019
Citation84 FR 23983
Record Number2019-10999
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 84 Issue 100 (Thursday, May 23, 2019)
[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
                [Presidential Documents]
                [Pages 23983-23985]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-10999]
                [[Page 23981]]
                Vol. 84
                Thursday,
                No. 100
                May 23, 2019
                Part VIThe President-----------------------------------------------------------------------
                Proclamation 9893--Adjusting Imports of Aluminum Into the United States
                Proclamation 9894--Adjusting Imports of Steel Into the United States
                 Presidential Documents
                Federal Register / Vol. 84 , No. 100 / Thursday, May 23, 2019 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 23983]]
                 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 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.
                [[Page 23984]]
                 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 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.
                [[Page 23985]]
                 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.
                
                
                 (Presidential Sig.)
                [FR Doc. 2019-10999
                Filed 5-22-19; 11:15 am]
                Billing code 3295-F9-P
                

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